Common use of Tenant’s Repairs Clause in Contracts

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergencyemergency (i.e., a circumstance which poses an imminent threat of harm to persons or substantial property damage), Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph 10.A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain in good condition all portions of the Premisesentire Premises and every part thereof, including, including without limitation, entries, doors, ceilings, the interior windows, interior wallsdoors and all door hardware, and interior partitions, and any electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment exclusively serving the interior side Premises (but not any common areas) in good order, condition and repair. The term “repair” shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant’s obligation shall extend to all alterations, additions and improvements to the Premises constructed by or on behalf of demising wallsTenant, and all fixtures and appurtenances therein and thereto. Such If Tenant leases the full Building, then Tenant shall, at all times during the Lease Term, have in effect a service contract for the maintenance of the heating, ventilating and air conditioning (“HVAC”) equipment with an HVAC repair and replacement may include capital expenditures maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and repairs whose benefit may extend beyond servicing at least once every three (3) months during the Termterm hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Should Tenant fail to commence to make repairs required of Tenant hereunder within five (5) business days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail alternative remedies, may, upon notice to maintain Tenant, make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as Additional Rent for the full uninsured cost of any such maintenance or repairs within thirty (30) days of written demand by Landlord. Landlord shall have no maintenance or repair or replacement obligations whatsoever with respect to any part the Premises except as expressly provided in Subparagraph 10.A and Paragraphs 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only all rights to make repairs at the Premisesexpense of Landlord as provided in Section 1942 of said Civil Code. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises There shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord, by reason of inconvenience, annoyance or injury to make business arising from the making of, or the failure to make, any structural and/or capital repairs repairs, alterations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises or the Building or Common Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant or any other tenant or occupant of the Building. In no event shall Landlord be responsible for which any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income there from or for damage to the goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, customers, or any other person in or about the Premises, the Building, or the Common Area, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Building. In the event that Tenant is responsible prevented from using, and does not use, the Premises or any portion thereof, as part a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform, which substantially interferes with Tenant’s use of or ingress to or egress from the Building or Premises; (ii) any failure to provide services, utilities or ingress to and egress from the Building or Premises if such failure is attributable to the act or omission of Landlord (or Landlord’s agents, employees or contractors) or to Landlord’s failure to perform its maintenance obligations set forth herein; or (iii) the presence of Hazardous Materials due to the acts or omissions of Landlord or Landlord’s agents, employees or contractors (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for fifteen (15) consecutive business days (the “Eligibility Period”), then the Rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant Maintenance Obligations in a manner reasonably acceptable continues to Landlord within the requirements of this Leasebe so prevented from using, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt use, the Premises, or any portion thereof, in the proportion that the Rentable Area of such noticethe portion of the Premises that Tenant is prevented from using, and does not use, bears to the total Rentable Area of the Premises.

Tenant’s Repairs. Subject to Section 13 Sections 13, 17 and 18 hereof, Tenant, at its expense, shall repair, replace replace, and maintain in good condition all portions of the Premises, including, without limitation, gas, electrical, water, HVAC, sanitary sewer, plumbing, fire protection (including, without limitation, sprinklers), elevators, and all other building systems serving the Premises ("Building Systems"), entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement replacements may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure default within 10 days of Landlord’s 's notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure default by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure default and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to At all times during the contrary contained Term, Tenant shall either (i) keep in this Lease, as place a contract for the maintenance of the Rent Commencement DateBuilding Systems, the with a contractor and using maintenance schedules and repair obligations procedures reasonably acceptable to, and previously approved by, Landlord, or (ii) make other arrangements for such maintenance work, which arrangements shall be reasonably acceptable to, and previously approved by, Landlord. Mechanic's Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises shall be allocated between Landlord and or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (within 20 days after the “Tenant Maintenance Obligations”) shall be performed by Tenant filing thereof, at Tenant’s 's sole cost and expense. The Tenant Maintenance Obligations shall include otherwise keep the procurement Premises and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope Project free from any liens arising out of work of performed, materials furnished, or obligations incurred by Tenant. Should Tenant fail to discharge any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Leaselien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant with written notice thereof and as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to assume removable personal property of Tenant located within the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt Premises. In no event shall the address of the Premises or the Project be furnished on any such noticeFinancing Statement without such qualifying language.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems are located in and solely serves the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), in good condition. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in the order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, includingthe improvements located therein or the equipment therein, or the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole reasonable discretion, which may require, without limitation, entries, doors, ceilings, interior windows, interior walls, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and the interior side of demising wallsmaintenance procedures. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termmaintenance contracts shall be with reputable contractors, satisfactory to Landlord in its sole reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Should Upon Landlord’s request, Tenant fail to make shall provide maintenance reports from any such repair contractors. Tenant shall be solely responsible for the cost of all improvements or replacement alterations to the Premises or fail the Premises Systems required by law to maintain the Premisesextent required under Article 21. Notwithstanding the foregoing, Landlord shall give Tenant notice of such failure. If if Tenant fails to commence cure make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such failure within 10 days of Landlord’s noticeservice contracts, and thereafter diligently prosecute such cure to completion, if Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18so elects, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Leasereimburse Landlord, as of the Rent Commencement Dateupon demand, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticecosts thereof.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph 12(a) above and Paragraph 16 below, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the interior walls and partitions, interior surfaces of exterior walls, carpets, flooring, roof membrane and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doors, ceilings, interior windows, interior wallsventilating and air conditioning ("HVAC") equipment serving the Premises with an HVAC repair and maintenance contractor reasonably approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Landlord shall assign to Tenant for the interior side term of demising wallsthis Lease the benefit of all warranties available to Landlord which would reduce the cost of performing the obligations of Tenant to make repairs under this Subparagraph 12(b). Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond Landlord shall cooperate with Tenant in the Termenforcement of such warranties. Should Tenant fail to commence to make repairs required of Tenant hereunder within fifteen (15) days after notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail to maintain alternative remedies, may make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as additional rent for the full uninsured cost of any such maintenance or repairs within thirty (30) days of written demand by Landlord. Landlord shall have no maintenance or repair or replacement obligations whatsoever with respect to any part the Premises except as expressly provided in Subparagraph 12(a) and Paragraph 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant all rights to make any structural and/or capital repairs or improvements to at the Project, and expense of Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion 1942 of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticesaid Civil Code.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all interior portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofExcept for the Landlord Elements, TenantTenant shall, at its sole cost and expense, shall repair, replace replace, and maintain in good condition (reasonable wear and tear excluded) all portions of the Premises, including, without limitation, sidewalks, walkways, parking and other areas of the Premises (including landscaping and snow and ice removal), HVAC, plumbing, fire sprinklers, and all other Building systems and Utilities (from the point of entrance to and within the Building) serving the Premises, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term, and shall include uninsured losses and damages caused by Tenant, or by any of Tenant’s agents, servants, employees, invitees and contractors (collectively, “Tenant Parties”). Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 20 days of Landlord’s noticenotice (plus such additional time as is reasonable under the circumstances if such commencement of cure, by its nature, cannot reasonably occur within such 20 day period as long as such additional time period does not subject Landlord or the Premises or any interest therein to damage, injury, liability, or loss and Tenant notifies Landlord that such additional time will be required) and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 30 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project Premises that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeParty.

Tenant’s Repairs. Subject to Section 13 hereofthe reimbursement provisions of Xxxxxxxxx 0, Xxxxxxxx shall maintain in good repair and condition the parking areas and other internal and external common areas including, but not limited to internal lobbies, corridors, driveways, alleys, landscape and grounds surrounding the Premises. Subject to Landlord’s obligation in Paragraph 10 and subject to Paragraphs 2, 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such repair or replacement multiplied by the cost of such capital expenditure or fail to maintain the Premises, repair. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord’s election, by Landlord, in which case the costs of such failurecontracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence cure of such failure within to perform any repair or replacement for which it is responsible after 10 days of written notice from Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the HVAC, electrical, mechanical plumbing, life safety and lab systems from the point that such systems are located in and solely serve the Premises and all portions of all fume hoods and other exhaust systems that are located in and exclusively serve the Premises (all such systems collectively being referred to as the “Premises Systems”), in the condition received. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in the order, condition and repair received and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, includingthe improvements located therein or the equipment therein, or the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its reasonable discretion, which may require, without limitation, entries, doors, ceilings, interior windows, interior walls, that any third party contractor provide Landlord with evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and the interior side of demising wallsmaintenance procedures. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termmaintenance contracts shall be with reputable contractors, satisfactory to Landlord in its reasonable discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Should Upon Landlord’s request, Tenant fail to make shall provide maintenance reports from any such repair contractors. Tenant shall be solely responsible for the cost of all improvements or replacement alterations to the Premises or fail the Premises Systems required by law to maintain the Premisesextent required under Article 21. Notwithstanding the foregoing, Landlord shall give Tenant notice of such failure. If if Tenant fails to commence cure make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such failure within 10 days of Landlord’s noticeservice contracts, and thereafter diligently prosecute such cure to completion, if Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18so elects, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Leasereimburse Landlord, as of the Rent Commencement Dateupon demand, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticecosts thereof.

Tenant’s Repairs. Subject A. Tenant shall at its own cost and expense keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, promptly making all necessary repairs and replacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls and finish work, floors and floor covering, heating and air condition systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, termite and pest extermination, and regular removal of trash and debris. Tenant shall provide Landlord with prior notice of any repair to Section 13 hereofbe undertaken by Tenant costing in excess of $1,000 (in Tenant’s reasonable estimation) and such other information as Landlord may reasonably request with respect to such repair, Tenantexcept such notice shall not be required if immediate repair is necessary for security or safety reasons. B. Tenant shall not damage any wall or disturb the integrity and support provided by any wall and shall, at its sole cost and expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such promptly repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair damage or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement injury to any part of the Project that results from damage wall caused by Tenant or any its employees, agents or invitees. C. Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Leaseshall, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole its own cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance , enter into a quarterly preventative maintenance/service contract with one of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written requestpreferred licensed HVAC contractors for servicing all heating and air conditioning systems and equipment, for and with contractors reasonably acceptable to Landlord specializing and experienced in within the respective Tenant Maintenance Obligations. Notwithstanding anything to Premises over the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance term of the applicable equipmentlease. In the event Landlord shall, notwithstanding anything to has not received a copy of Tenant’s service contract described herein within 30 days after the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include commencement date of the right Lease or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion the contract during the Term, Landlord may, at its option, enter into a service contract on behalf of Tenant, and Tenant shall reimburse Landlord, within 10 days notice from Landlord, for Lease Agreement 3 March 13, 2012 the cost of such service contract. Tenant shall keep accurate and complete records of the Premises performance of all scheduled maintenance under such contract and shall provide copies thereof to Landlord from time to time upon request by Landlord. The service contract must i) include all services suggested by the licensed contractor to keep the units in good repair, and ii) comply with any warranties (if applicable). Notwithstanding the foregoing, Landlord will warrant, for which the first six (6) months of the Demised Term (“Warranty Period”), that all heating, cooling, ventilation, air conditioning systems are in good working order. Landlord will assume responsibility for repairs and replacements during the Warranty Period, by but not routine maintenance. During the Warranty Period and throughout the term of the Lease, Tenant is will be responsible for any required maintenance to all systems in compliance with any warranties as recommended as part of the preventative maintenance agreement. Upon expiration of the Warranty Period, Tenant Maintenance Obligations will be responsible for repairs, replacements, and maintenance of the HVAC units as required herein. Upon expiration of the Warranty Period, Landlord will agree to cap HVAC repairs or replacement at $3,000.00 per unit per lease year for the balance of the Demised Term. Tenant will not be allowed to apply the cost of the regular maintenance contract towards the cap. Tenant shall notify Landlord in a manner reasonably acceptable writing of any repairs or replacements needed that exceed the above referenced cap prior to Landlord within the requirements of this Lease, such repairs and replacements being made. Landlord shall have the right, but not right to approve the obligation, contractor who is to provide Tenant with written notice thereof perform such work or use a contractor of Landlord’s choosing. The cap will be null and to assume the Tenant Maintenance Obligations void if Tenant does has not cure Tenanti) kept a quarterly maintenance contract with a licensed contractor, approved by Landlord, in place over the term of the lease to maintain the applicable equipment per the manufacturer’s failure within 10 days after receipt recommendations and ii) performed the maintenance recommended by the licensed contractor to keep the units in good repairs, iii) complied with any warranties (if applicable), (iv) notified Landlord in writing prior to such repairs and replacements being made, and (v) kept accurate and complete records of such noticethe performance of all scheduled maintenance under the service contract and provided copies thereof to Landlord from time to time upon request by Landlord.

Tenant’s Repairs. Subject to Section 13 hereof(a) Except as set forth in the Cost Allocation applicable during the Initial Term, TenantTenant shall, at its own cost and expense, keep and maintain all parts of the Premises in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, including but not limited to; windows, glass and plate glass, doors, skylights, any special office entries, interior walls and finish work, floors and floor coverings, heating, ventilation, air conditioning, and security systems serving the Premises or any portion thereof, and regular removal of trash and debris. In no event shall Tenant be responsible for roof maintenance or repairs, and the same shall be the responsibility of Landlord in accordance with Paragraph 10(a) hereof. Tenant shall also, at its own cost and expense, repair and maintain all electrical mechanical, plumbing, security, and monitoring systems and fixtures used in connection with Tenant’s manufacturing activities on the Premises. Tenant will, as much as possible, keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, replace and maintain upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition all portions of the Premisesand repair, including, without limitation, entries, doors, ceilings, interior windows, interior walls, reasonable wear and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, tear excepted. (b) Tenant shall bear not damage any demising wall or disturb the full uninsured integrity and support provided by any demising wall and shall, at its sole cost of and expense, promptly repair any repair damage or replacement injury to any part of the Project that results from damage demising wall caused by Tenant or its employees, agents or invitees. (c) Tenant and its employees, customers and licensees shall have the nonexclusive right to use, in common with the other parties occupying said Building(s), common parking areas, if any, (exclusive of any parking or work load areas designated or to be designated by Landlord for the exclusive use of other tenants occupying or to be occupying other portions of the Building) driveways and alley adjacent to said Building(s), subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, Landlord reserves the right to perform paving and landscape maintenance on the grounds around the Property, including, but not limited to, the mowing of grass, care of shrubs, general landscaping and maintenance of common parking areas, driveways and alleys, roof repairs, exterior painting, common sewage line plumbing, and repair and maintenance of any other items, the obligations for which are shared by other tenants in the Building and other improvements of which the Premises are a part. During any Renewal Term(s), Tenant Party shall be liable for Tenant’s Proportionate Share (as defined in Paragraph 6(d) hereof) of the cost and any repair expense thereof including a reasonable management fee unless Landlord in its sole discretion determines that benefits only such cost and expense is properly allocable in another proportion or solely to either Tenant or the Premisesother tenants occupying said Building. Notwithstanding anything Tenant shall pay to the contrary contained in this LeaseLandlord its share, determined as aforesaid, of such costs and expenses, upon demand, as of Additional Rent, in the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between event Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated elects to Tenant pursuant perform or cause to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by such work. (d) Tenant shall, at Tenant’s sole its own cost and expense. The Tenant Maintenance Obligations , enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord (and a copy thereof shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory be furnished to Landlord, with copies to Landlord upon Landlord’s written request), for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained hereinservicing all heating arid air conditioning, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shallmechanical, at a minimumelectrical, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Projectsecurity, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs monitoring systems and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises equipment for which Tenant is responsible pursuant to Paragraph 9(a) hereof. The service contract must include all services suggested by the equipment manufacturer in the Operation/maintenance manual and must become effective as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements Commencement Date of this Lease. (e) Tenant shall, at its own cost and expense to the extent not covered by the insurance to be maintained by Landlord shall have under Paragraph 25, repair any damage to the rightPremises or the Property resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, but not its agents, servants, employees, patrons, customers, or any other person entering on the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Property as a result of Tenant’s failure within 10 days after receipt business activities or caused by an event of such noticedefault by Tenant hereunder.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant for the actual costs incurred by Landlord with respect thereto within 10 30 days after demand thereforTenant’s receipt of a reasonably detailed invoice; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from TenantTenant within 30 days after written demand therefor. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project to the extent that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything Landlord shall use reasonable efforts to the contrary contained minimize interference with Tenant’s operations in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (during the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement performance of repair and maintenance of contracts, in form and substance reasonably satisfactory the Premises pursuant to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligationsthis Section 14. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation shall not be required to perform or construct any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements replacements, but Tenant shall be required to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, pay for capital repairs and replacements required to be made to performed or constructed by Landlord in accordance with the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements other provisions of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject Except as provided in Sections 7.2 and 7.3 herein, Tenant shall make all repairs and alterations to the property which Tenant is required to maintain, as hereinafter set forth, which may be necessary to maintain the same in as good repair and condition as the same are on the Commencement Date or which may be required by any laws, ordinances or regulations of any public authorities having jurisdiction, including any applicable subsequent amendments or modifications thereto, reasonable wear and tear and damage excepted and subject to Articles VIII, IX and X. Upon the expiration or other termination of the Lease Term, Tenant shall remove its goods and effects and those of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises with so much of the same as Tenant is obligated to maintain pursuant to the provisions of this Section 7.1 in as good repair and condition as the same were in on the Commencement Date, reasonable wear and tear excepted and subject to Articles VIII, IX and X. However, notwithstanding anything in this lease contained to the contrary, Landlord shall reimburse Tenant for the reasonable cost of making all repairs and alterations to the property which Tenant is required to maintain which may be required as the result of repairs, alterations, other improvements or installations made by Landlord or Landlord's agents or employees, unless done by Landlord pursuant to Section 13 hereof, Tenant, at its expense, shall repair, replace and 13.1. The property which Tenant is required to maintain in good condition all portions is the interior of the Demised Premises, including, without limitation, entriesall glass and all utilities, doorsconduits, ceilingsfixturew and equipment within the Demised Premises serving the Demised Premises exclusively, interior windows, interior walls, and but excluding all property which Landlord is required to maintain below provided. If at any time during the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Lease Term Tenant fail to shall make any such repair repairs or replacement or fail replacements to maintain the Premisesheating-ventilating air conditioning system serving the Demised Premises ("HVAC") that are not customarily included in a regular service and maintenance contract, Landlord shall give then Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Landlord, upon demand, for an amount equal to the product of the cost to Tenant within 10 days after demand therefor; provided, however, that if such failure thereof multiplied by Tenant creates or could create an emergency, Landlord may immediately commence cure a fraction the denominator of which is 120 and the numerator of which is 120 minus the number of months between the date of the making of such failure repairs and/or replacements, in each case, and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part date of the Project that results termination of the Lease Term. Said reimbursement may be effected by Xxxxxx's deducting the amount thereof from damage caused by Tenant or any Tenant Party the final payments of Minimum Rent due and any repair that benefits only payable hereunder. (If the Premises. Notwithstanding anything Lease Term shall be extended subsequent to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work making of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for repairs "the optimal performance termination of the applicable equipment. Landlord shall, notwithstanding anything term" shall be deemed to be the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include termination of the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the ProjectLease Term as so extended, and Tenant shall thereupon reimburse Landlord shall continue, as part of Operating Expenses, to be responsible, as provided for any excess reimbursement paid by Xxxxxxxx in Section 13, for capital repairs and replacements required to be made to accordance with the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticepreceding sentence.)

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such , except if the need for such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond arises from a condition (not caused or contributed to by Tenant or any Tenant Party) in the Termroof or exterior of the Premises in which event the repair shall be made by Landlord as an Operating Expense except to the extent the cost thereof is covered by any applicable construction warranty or excluded from Operating Expenses pursuant to Section 5 hereof. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the reasonable costs of such cure from Tenant. Subject to Sections 17 and 1818 and except for any ordinary wear and tear, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party Party, unless insurance proceeds are available to cover such cost (with Tenant responsible for paying any deductibles), and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the PremisesHVAC, includingelectrical, without limitationmechanical plumbing, entrieslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), doorsin a first-class condition. Tenant’s obligations shall include restorations, ceilingsreplacements or renewals, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include including capital expenditures and repairs whose benefit may extend for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Should Tenant fail Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to make any such repair or replacement or fail to maintain the Premises, Landlord the improvements located therein or the equipment therein, or the Premises Systems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall give Tenant notice have an expected life extending beyond the Term). Tenant’s maintenance of such failurethe Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party enter into and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained pay for maintenance contracts (in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance forms reasonably satisfactory to Landlord, which may require, without limitation, that any third party contractor provide Landlord with copies evidence of insurance as required by Landlord) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord upon Landlord, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Upon Landlord’s written request, Tenant shall provide maintenance reports from any such contractors. Tenant shall be solely responsible for and with contractors reasonably acceptable the cost of all improvements or alterations to Landlord specializing and experienced in the respective Tenant Maintenance ObligationsPremises or the Premises Systems required by law. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shallforegoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a minimum, comply with manufacturer’s recommended maintenance procedures percentage of the cost thereof (to be uniformly established for the optimal performance of the applicable equipment. Building) sufficient to reimburse Landlord shallfor all overhead, notwithstanding anything to the contrary contained in this Leasegeneral conditions, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right fees and other costs or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital expenses arising from Landlord’s involvement with such repairs and replacements required forthwith upon being billed for same. In addition, Landlord reserves the right, upon notice to be made Tenant, to the Project. If Tenant fails to procure and maintain any portion or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises for which Tenant is responsible the preceding calendar year, as part well as a detailed summary of the amounts actually expended by Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within during such period for maintenance, repairs and replacements at the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticePremises.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph ---------------- 10.A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doorsventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord, ceilings, interior windows, interior wallswhich approval shall not unreasonably withheld. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and the interior side Tenant shall provide Landlord with a copy of demising walls. Such repair such contract and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termall periodic service reports. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon five (5) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail to maintain alternative remedies, may make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as additional rent for the full uninsured cost of any such maintenance or repairs within five (5) days of written demand by Landlord. Landlord shall have no maintenance or repair or replacement obligations whatsoever with respect to any part the Premises except as expressly provided in Subparagraph 10.A and Paragraph 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only all rights to make repairs at the Premisesexpense of Landlord as provided in Section 1942 of said Civil Code. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises There shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord, by reason of inconvenience, annoyance or injury to make business arising from the making of, or the failure to make, any structural and/or capital repairs repairs, alterations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part or the Building or Outside Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment). In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, hereby agrees that Landlord shall have not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the rightgoods, but not wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the obligationPremises, the Building, or the Outside Area, except for Landlord's gross negligence or willful misconduct, nor shall Landlord be liable for injury to provide Tenant with written notice thereof the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and to assume regardless of whether the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt cause of such noticedamage or injury or the means of repairing the same is inaccessible to Tenant.

Tenant’s Repairs. Subject to Section 13 hereofLandlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail to make The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such repair or replacement or fail to maintain capital expenditures, and the Premises, denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures for federal income tax purposes. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, if not done so by Tenant, by Landlord. The scope of services and contractors under such failuremaintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Except as provided in Articles 10 and 12, during the Term Tenant shall, at Tenant’s cost, repair, maintain and replace, if necessary, the Leasehold Improvements and keep the Premises in good order, condition and repair. Tenant’s work under this Section 13 hereof7.1 must be performed in compliance with law and in a good and workmanlike manner with materials of at least Building Standard. If any repair that is the obligation of Tenant affects the Base Building, then such repair shall be performed by Landlord at Tenant’s reasonable expense; provided, that if such repair obligation affects a portion of the Base Building that exclusively serves Tenant, at its expense, then Landlord and Tenant shall repair, replace and maintain in good condition all portions cooperate to reasonably determine which of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Landlord or Tenant fail to make any shall perform such repair or replacement or fail to maintain the Premises, Landlord obligation (but in either case such repair obligation shall give Tenant notice of such failurebe performed at Tenant’s reasonable expense). If Tenant fails to perform any of Tenant’s obligations under this Section 7.1 after Landlord gives to Tenant written notice and a reasonable opportunity to perform such obligations (but in any case Tenant shall commence cure performance of such failure obligations within 10 30 days of Landlord’s after Landlord gives to Tenant such notice), and thereafter diligently prosecute such cure to completion, then Landlord may perform such work obligations and Tenant shall pay, as Rent, to Landlord 110% of the reasonable cost of such performance within 30 days after the date Landlord gives to Tenant an invoice therefor. For purpose of performing such obligations, or to inspect the Premises, Landlord may enter the Premises upon giving to Tenant reasonable prior notice (in cases of actual or suspected emergency, only such prior notice as is practicable, if any, shall be reimbursed required) without liability to Tenant for any loss or damage incurred as a result of such entry (unless caused by Tenant within 10 days after demand thereforLandlord’s or its agents’ negligence or willful misconduct); provided, howeverthat Landlord will take reasonable steps in connection with such entry to minimize any disruption to Tenant’s business or its use of the Premises and Tenant may require an employee of Tenant or its security service, if Tenant makes such employee available, to accompany Landlord’s personnel (or its agents or contractors) while in the Premises; and provided further, that if such failure by Tenant creates absent an actual or could create an suspected emergency, Landlord Tenant may immediately commence cure reasonably restrict Landlord’s access to all Secured Areas of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises “Secured Areas” shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work consist of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion areas of the Premises reasonably identified by Tenant as having extraordinary security or confidentiality requirements such that such areas are kept locked or inaccessible to persons unauthorized by Tenant (and trading areas shall not automatically be deemed Secured Areas). Tenant shall notify Landlord of (a) any fire or other casualty in the Premises, (b) any damage to or defect in the Premises, including the fixtures and equipment in the Premises, for the repair of which Tenant believes Landlord is responsible as part responsible, and (c) any damage to or defect in any parts of or appurtenances to the Mechanical Systems located in or passing through the Premises promptly after Tenant learns of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticesame.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good the same condition as of the Commencement Date or as thereafter improved in compliance with the terms hereof, reasonable wear and tear, Landlord’s repair obligations, any damage directly resulting from default by Landlord, a fire or other casualty that is governed by Section 18 and uninsured losses not caused by Tenant or any Tenant Party excepted, all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls; for the avoidance of doubt, uninsured losses shall not mean losses for which Tenant is required to maintain insurance hereunder and for which Tenant fails to maintain such required insurance. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefortherefor for the reasonable out-of-pocket costs of such cure; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, A. Tenant, at its own cost and expense, shall repair, replace and (i) maintain in good condition all portions parts of the Premises, includinglandscape and grounds surrounding the Premises (except those for which Landlord is expressly responsible hereunder) in good condition, without limitation(ii) promptly make all necessary repairs and replacements, entries(iii) keep the parking areas, doors, ceilings, interior windows, interior wallsdriveways and alleys surrounding the Premises in a clean and sanitary condition, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make (iv) maintain any such repair or replacement or fail to maintain spur track servicing the Premises, . Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises if requested by the railroad company. Landlord shall give have the right to coordinate all repairs and maintenance of any rail tracks serving or intended to serve the Premises and, if Tenant notice uses such rail tracks, Tenant shall reimburse Landlord from time to time, upon demand, for its proportionate share of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from repairs and maintenance and any other sums specified in any agreement respecting such tracks to which Landlord is a party. B. Tenant, at its own cost and expense, shall enter into and deliver to Landlord a regularly scheduled preventive maintenance service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air conditioning systems and equipment within the Premises. Subject The service contract must include all services required by the Landlord and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. In the event Tenant does not deliver said contract to Sections 17 Landlord within thirty (30) days of the commencement date, the Landlord has the right to contract for said service without notice to Tenant, and 18Tenant shall upon demand reimburse Landlord for the full cost thereof. Alternatively, Landlord, at the time and in its sole discretion, reserves the right upon ninety (90) days written notice to Tenant to enter into a regularly scheduled preventive maintenance service contract covering the service, repair and/or replacement of any or all such items for the entire building(s) of which the Premises are a part, in which event, Tenant shall bear the full uninsured cost of any repair or replacement to any part be liable for its proportionate share of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and expense of said preventive maintenance of contracts, service contract in form and substance reasonably satisfactory to Landlord, accordance with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeParagraph 4 above.

Tenant’s Repairs. Subject to Section 13 hereofLandlord's obligation in Paragraph 10, and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition the Premises and all portions of areas, improvements and systems exclusively serving the Premises, Premises including, without limitation, dock and loading areas, truck doors, plumbing, above slab water and sewer lines up to points of common connection, entries, doors, ceilings, interior windows, and interior walls, and the interior side of demising walls. Such which repair and replacement may obligations include capital expenditures and repairs whose benefit may extend beyond the TermExpiration Date. Should Notwithstanding Landlord’s obligations with respect to the HVAC units serving the office portion of the Premises as provided in Paragraph 10, Tenant, at Tenant’s expense, shall be responsible for the maintenance, repair, and replacement of any heating, ventilation, or air conditioning systems installed by Tenant fail to make any such repair or replacement or fail to maintain in the Premises, Landlord shall give Tenant notice any specialty HVAC systems (including but not limited to IT room supplemental HVAC or which are necessary for temperature controlled product), and any air conditioning systems serving the warehouse portion of the Premises, as well as the exhaust fans, ductwork, vents, and registers of such failureair conditioning units serving the warehouse portion of the Premises. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticeperform any maintenance, and thereafter diligently prosecute such cure to completionrepair, or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees, or Tenant’s failure to maintain the Premises in accordance with this Lease, and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations.”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject Except for Landlord's Repairs, Warranty Work and subject to the limitation set forth in Section 13 hereof6.6 below, Tenant, at its sole cost and expense, throughout the Term of this Lease, shall take good care of the Demised Premises, and shall keep the same in good order, condition and repair, replace and shall make and perform all routine maintenance thereof and all necessary repairs thereto, interior and exterior. All repairs made by Tenant, except as hereafter provided, shall be at least equal in quality to the original work and, in all events, shall be made by Tenant in Compliance with Laws. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Improvements. In addition, Tenant shall timely and properly maintain in good condition all of the Demised Premises, including, but not necessarily limited to mechanical systems, electrical systems, plumbing and sewage systems, fire protection systems, floor slabs, roof, foundation walls and footings, structural steel, driveways, roadways, sidewalks, curbs, parking areas, loading areas, and landscaping. Tenant shall obtain a preventative maintenance contract on the heating, ventilating and air conditioning systems which shall be subject to Landlord's reasonable approval. Tenant shall provide Landlord with a copy of the preventative maintenance contract no later than ninety (90) days after the Commencement Date. The preventative maintenance contract shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. Tenant shall also keep all portions of the PremisesDemised Premises in a clean and orderly condition, includingfree from unreasonable accumulations of snow, without limitationice, entriesdirt rubbish, doorsdebris and unlawful obstructions. All of Tenant's obligations and requirements described above in this Section 6.2 are collectively called "Tenant's Repairs." In addition to the foregoing, ceilingsexcept for Landlord's Repairs, interior windows, interior walls, Warranty Work and the interior side of demising walls. Such repair and replacement may limitation set forth in Section 6.6 hereof, Tenant's Repairs shall include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such following maintenance (but not repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days obligations that are a part of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part 's Repair) of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as following portions of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.Demised Premises:

Tenant’s Repairs. Subject to (a) Except as provided in Section 13 hereof11 above, TenantTenant shall, at its sole expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, includingimprovements and systems that exclusively serve the Premises including dock, without limitationdock equipment and loading areas, dock doors, plumbing, water, and sewer lines up to points of common connection, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair , HVAC systems, and other building and mechanical systems exclusively serving the Premises; provided, that for the avoidance of doubt, Landlord shall be responsible for the repair, replacement may include capital expenditures and repairs whose benefit may extend beyond maintenance of any of the Term. Should Tenant fail to make any such repair or replacement or fail to maintain foregoing that do not exclusively serve the Premises, Landlord shall give subject to Section 7 hereof. Notwithstanding anything herein to the contrary, the costs incurred by Tenant notice for any Major Repair or Major Replacement that exclusively serves the Premises in which the useful life of such failure. If Tenant fails to commence cure Major Repair or Major Replacement, as determined in accordance with generally accepted accounting principles, exceeds the remainder of the Lease Term, shall be amortized on a straight line basis over the useful life of such failure within 10 days Major Repair or Major Replacement with Tenant being responsible for the amortized portion of Landlordthe cost that relates to the period of time until the expiration or earlier termination of this Lease or Txxxxx’s noticeright to possession and Landlord being responsible for the amortized portion of the cost that relates to the period of time after the expiration or earlier termination of this Lease or Txxxxx’s right to possession. For purposes hereof, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and the term “Major Repair or Major Replacement” shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of mean any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for exclusively serves the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated (other than those that are to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Landlord pursuant to Section 11) that is in excess of $200,000, excluding, in all events, capital expenditures made for Tenant’s sole cost Work. Subject to Section 13, Tenant shall be responsible for paying for any such Major Repair or Major Replacement that exclusively serves the Premises and expense. The Landlord shall reimburse Tenant Maintenance Obligations for Landlord’s portion of such costs by no later than the date that is ten (10) business days following the expiration or earlier termination of this Lease or Tenant’s right to possession, so long as Tenant shall include notify Landlord not less than thirty (30) days prior to the procurement and maintenance commencement of contractsthe performance of such Major Repair or Replacement (except in the event of an emergency, in form and substance reasonably satisfactory which event Tenant shall give such prior notice as may be reasonable under the circumstances) of Tenant’s intention to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of perform any such contracts entered into by Tenant Major Repair or Replacement and seek Lxxxxxxx’s reimbursement therefore pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance ObligationsSection 12(a). The Tenant Maintenance Obligations prior sentence shall not include survive the right expiration or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements sooner termination of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such repair or replacement multiplied by the cost of such capital expenditure or fail to maintain the Premises, repair. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord, in which case the costs of such failurecontracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence cure perform any repair or replacement for which it is responsible under this Lease thirty (30) days after receipt of such failure within 10 days of written notice from Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work using commercially reasonable methods and shall at commercially reasonable rates and be reimbursed by Tenant within 10 30 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party and any repair that benefits only the Premisesinvitees. Notwithstanding anything to the contrary contained herein, Tenant’s repair and replacement obligations shall not be applicable to any costs covered by the Roof Warranty, the Construction Warranty or any costs incurred by Landlord to correct latent defects in this Lease, as the initial construction of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeBuilding.

Tenant’s Repairs. Subject Tenant agrees to Section 13 hereofprovide and pay for all ordinary and necessary maintenance and repairs of the interior and exterior of the Premises including, Tenantbut not limited to, at its expenselighting tubes, ballasts, lavatory fixtures and accessories, all glass, all doors, exit signage, janitorial service, refuse and trash removal, heating and air conditioning, electrical, plumbing, and all systems in a professional manner. Tenant shall be solely responsible for the repair, replace maintenance and maintain in good condition all portions replacement of the heating and air conditioning systems of the Premises during the term of the Tenant’s possession of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, . The Tenant acknowledges that the present heating and air conditioning system serving the interior side Premises is not adequate for the Tenant’s proposed use of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to Tenant shall be responsible for the contrary contained in this Lease, as maintenance of the Rent Commencement Date, roof for a period of one (1) year from the maintenance and repair obligations for date Tenant completes the Premises shall be allocated between Landlord and Tenant as tenant improvement work set forth on Exhibit H attached hereto. The maintenance obligations allocated B. For purposes of this provision, the date that Tenant completes such work shall be deemed to be the date Tenant pursuant to Exhibit H notifies Landlord in writing that such work is complete (the “Tenant Maintenance ObligationsCompletion Date Notice”) shall be performed by Tenant at Tenant’s sole cost ). On and expense. The Tenant Maintenance Obligations shall include after the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part first year anniversary of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within Completion Date Notice and during the requirements remaining term of this Lease, Landlord shall have be responsible for the rightrepair and replacement of the roof. Except in the case of a bona fide emergency, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if agrees to give the Landlord twenty four hours notice prior to entering upon the roof. The Tenant, at its own expense, shall provide all structural repairs and replacements to the Premises and the Building and the replacement of all mechanical systems serving the Premises, including without limitation, the heating and air conditioning systems. The Tenant does not cure will contract for landscaping, snow plowing, shoveling, sanding, salting of sidewalks, entrances, stairs and xxxxxx, as well as to be certain that the parking areas and Premises are safe for use by the Tenant’s failure within 10 days after receipt of such noticeemployees, visitors and invitees.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the PremisesHVAC, includingelectrical, without limitationmechanical plumbing, entrieslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), doorsin a first-class condition. Tenant’s obligations shall include restorations, ceilingsreplacements or renewals, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include including capital expenditures and repairs whose benefit may extend for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Should Tenant fail Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to make any such repair or replacement or fail to maintain the Premises, the improvements located therein or the equipment therein, or the non-structural aspects of the Premises Systems, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord shall give Tenant notice of such failurein its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and Such maintenance contracts shall be reimbursed by Tenant within 10 days after demand therefor; providedwith reputable contractors, howeversatisfactory to Landlord in its sole discretion, that if who shall have not less than ten (10) years of experience in maintaining such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenantsystems in biotechnical facilities. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any Landlord’s repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained obligations in this Lease, as Tenant shall be solely responsible for the cost of all improvements or alterations to the Premises or the Premises Systems required by law. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the Rent Commencement Date, the maintenance and repair obligations cost thereof (to be uniformly established for the Premises shall be allocated between Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon other costs or expenses arising from Landlord’s written request, for and involvement with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises forthwith upon being billed for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticesame.

Tenant’s Repairs. Subject The Tenant covenants with the Landlord to Section 13 hereofrepair, maintain and keep at the Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion there from of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. Except (i) to the extent requested by the Tenant, at its expense(ii) in connection with scheduled maintenance programs, shall repair, replace and maintain and/or (iii) in good condition all portions the event of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, upon twenty-four (24) hours advance written (which for the purposes of this subparagraph (c) notice may be in email form or written form personally delivered to the Leased Premises only and may be in oral form for Landlord’s entry in connection with its repairs and maintenance (other than as set forth herein)), the Landlord may immediately commence cure of such failure enter the Leased Premises at all reasonable times and shall thereafter be entitled view the condition thereof and the Tenant covenants with the Landlord to recover repair, maintain and keep the costs of such cure from TenantLeased Premises in good and substantial repair according to notice in writing, reasonable wear and tear excepted. Subject to Sections 17 and 18, If the Tenant shall bear fail to repair as aforesaid after reasonable notice to do so, the full uninsured Landlord may affect the repairs and the Tenant shall pay the actual, reasonable out-of-pocket cost of any repair or replacement thereof to any part the Landlord within ten (10) business days after written demand therefor. The Tenant covenants with the Landlord that the Tenant will at the expiration of the Project that results from damage caused by Tenant Term or any Tenant Party sooner termination thereof peaceably surrender the Leased Premises and any appurtenances in good and substantial repair that benefits only and condition, casualty and reasonable wear and tear excepted. It is the Premises. Notwithstanding anything to the contrary contained in this Lease, as intention of the Rent Commencement Date, parties hereto that the terms of this Lease govern the respective obligations of the parties for the maintenance and repair obligations for of the Premises shall be allocated between Landlord Leased Premises, and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (hereby expressly waives the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance benefits of contractsany statute, law and/or ordinance, now or hereafter in form and substance reasonably satisfactory to Landlordeffect, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, extent that it is inconsistent with the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements terms of this Lease, Landlord shall have the rightincluding, but not the obligationlimited to, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt right to make repairs, if at all, under Sections 1941 and 1942 of such noticethe California Civil Code, as may be amended or supplemented from time to time.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant creates Texxxx xreates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s Laxxxxxx’x written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Texxxx’x written request, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is responsible under this paragraph. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is Texxxx xs responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided that with respect to the heating, ventilation and air conditioning (“HVAC”) systems Landlord shall complete such HVAC capital repairs and such HVAC capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such HVAC capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such HVAC repair or replacement multiplied by the cost of such HVAC capital expenditure or fail repair. Landlord shall pay for such HVAC capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to maintain Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord’s election, by Landlord, in which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord’s request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject The Tenant covenants with the Landlord to Section 13 hereof, Tenant, at its expense, shall repair, replace maintain and maintain keep at the Tenant's own costs, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good condition all portions and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant's use of the PremisesLeased Premises while using them in a manner consistent with the Lease. The Landlord may enter the Leased Premises at all reasonable time WITH 48 HOURS WRITTEN NOTICE (EXCEPT IN CASE OF EMERGENCY, including, without limitation, entries, doors, ceilings, interior windows, interior walls, AND IN THAT EVENT WITH OR WITHOUT WRITTEN OR ORAL NOTICE AS REASONABLY POSSIBLE GIVEN THE CIRCUMSTANCE,) and view the condition thereof and the interior side of demising wallsTenant covenants with the landlord to repair, maintain and keep the Leased Premises in good and substantial repair according to notice in writing, reasonable wear and tear excepted. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond If the Term. Should Tenant shall fail to make any such repair or replacement or fail as aforesaid after reasonable notice to maintain do so, the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work effect the repairs and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear pay the full uninsured reasonable cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything thereof to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expensedemand. The Tenant Maintenance Obligations shall include covenants with the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in that the respective Tenant Maintenance Obligations. Notwithstanding anything to will at the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance expiration of the applicable equipment. Landlord shallTerm or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, reasonable wear and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticetear excepted.

Tenant’s Repairs. Subject Landlord warrants that all mechanical, electrical and plumbing systems serving the Premises will be in good working condition on the Commencement Date. Landlord makes no warranty as to Section 13 hereofthe condition of the banking equipment and fixtures within the Premises. Tenant shall, through the Term of this Lease, at Tenant’s expense, maintain the Premises in good order and repair, excluding only such repairs as Landlord is specifically obligated to make under this Article, Paragraph C. Tenant shall not suffer or commit waste, Tenant’s obligation to repair shall include the obligation to maintain, at its expenseservice and replace. Without limiting the generality of the foregoing, shall Tenant agrees that the obligation of Tenant to repair, maintain, service and replace shall extend to all electrical, air conditioning, heating and maintain sprinkler systems, plumbing and plumbing fixtures and sewerage pipes serving the Premises. Tenant shall be responsible for damage, from whatever causes, to all glass or plate glass in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior wallsfor all damages to water pipes in the Premises caused by freezing or neglect by Tenant, and for damages to the interior side property of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond other tenants or Landlord caused by the Term. Should Tenant fail to make overflow or breakage of any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only pipes in the Premises. Notwithstanding anything Tenant hereby indemnifies Landlord and agrees to hold Landlord harmless from and against any and all costs, expenses, liens or charges against the contrary contained in Premises arising out of or related to any obligation of Tenant hereunder. Tenant shall, upon the expiration or sooner termination of the Term of this Lease, as surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear excepted. Any damage to the Building or adjacent premises caused by Tenant’s use of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (repaired at the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expenseexpense of Tenant. The Landlord may, but shall not be obligated to, make any repairs to be made by Tenant Maintenance Obligations hereunder, if not promptly made by Tenant, and all such payments made by Landlord shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies be payable by Tenant to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticedemand.

Tenant’s Repairs. (a) Subject to Landlord’s obligation in Section 13 hereof10, Tenant, at its sale expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock, dock equipment and loading areas, dock doors, plumbing, water, and sewerlines up to the perimeter of the Premises, (or up to points of common connection if such damage to the plumbing, water and sewer lines is caused by tenant) entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems, and other building and mechanical systems serving the Premises. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. Should Maintenance and repair of the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises, and, subject to Landlord’s obligation in Section 10, any repairs to the roof, shall be at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant fail or, at Landlord’s written election, by Landlord (but at Tenant’s expense). The scope of services and contractors under such maintenance contracts shall be subject to make Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. (b) In the event that any repair or maintenance obligation required to be performed by Tenant hereunder may affect the structural integrity of the Building (e.g., roof, foundation, structural members of the exterior walls), prior to commencing any such repair, Tenant shall provide Landlord with written notice of the necessary repair or maintenance and a brief summary of the structural component or components of the Building that may be affected by such repair or replacement or fail maintenance. Within ten (10) business days after Landlord’s receipt of Tenant’s written notice (except in cases of emergency, in which case Landlord shall use commercially reasonable efforts to maintain the Premisespromptly respond to Tenant’s written notice), Landlord shall give have the right but not the obligation, to elect to cause such repair or maintenance to be performed by Landlord, or a contractor selected and engaged by Landlord, but at Tenant’s sole cost and expense. The foregoing sentence is not intended to obligate Tenant notice to pay for repairs or maintenance to those structural items which are Landlord’s responsibility pursuant to Section 10 above, but shall only require Tenant to pay for the repair and maintenance to such structural components to the extent such repair or maintenance is necessitated due to the performance of such failureTenant’s repair and maintenance obligations pursuant to this Section 11. (c) Within the fifteen (15) day period prior to the expiration or termination of this Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the hot water equipment and the HVAC system are then in good repair and working order. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 ten (10) days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. therefor Subject to Sections 17 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything (d) Landlord warrants to Tenant that the contrary contained plumbing, electrical, mechanical, irrigation, Parking Area and roof systems in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for and/or serving in the Premises shall be allocated between in good working order as of the Commencement Date. Tenant shall have a ninety (90) day period beginning with the Commencement Date to notify Landlord and of any defects that exist in any of such systems. If Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies delivers to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work notice of any such contracts entered into by Tenant pursuant to this paragraph shalldefects, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided promptly repair the defects in Section 13, for capital repairs and replacements required to be made to the Projectquestion. If Tenant fails to maintain any portion of the Premises All such systems for which Tenant is responsible has not delivered to landlord written notice of a defect therein within such 90-day period shall conclusively be deemed to be in good working order and Tenant shall thereafter maintain such systems in good repair and condition as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of required by this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail to make The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such repair or replacement or fail to maintain capital expenditures, and the Premises, denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures for federal income tax purposes. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, if not done so by Tenant, by Landlord. The scope of services and contractors under such failuremaintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject A. Landlord reserves the prior right, exercisable at any time and in xxx xxxx xiscretion, to Section 13 hereofcoordinate, perform, or to contract of the performance of Tenant's repair, maintenance and replacement obligations under this Paragraph 5. Tenant shall reimburse Landlord upon demand for the costs of any such services or repairs incurred by Landlord. Except only those repairs for which Landlord is responsible under Paragraph 4.A, Tenant, at its expense, shall repair, replace Tenant's sole cost and expense shall: (i) maintain in good condition all portions parts of the Premises, includinglandscape and grounds surrounding the Premises and the building at which the Premises are a part, without limitationin good condition, entries(ii) promptly make all necessary repairs and replacements, doors(iii) keep the parking areas, ceilings, interior windows, interior wallsdriveways and alleys surrounding the Premises in a clean and sanitary condition, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make maintain any such repair or replacement or fail to maintain spur track servicing the Premises. B. Tenant, at its own cost and expense, shall enter into and deliver to Landlord shall give Tenant notice of such failurea regularly scheduled preventative maintenance service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air-conditioning systems and other equipment within the Premises. If Tenant fails to commence cure of such failure The service contract must include all services required by the Landlord and must become effective within 10 thirty (30) days of Landlord’s noticethe date Tenant takes possession of the Premises. In the event Tenant does not deliver said contract to Landlord within thirty (30) xxxx of the commencement date, the Landlord has the right to contract a third-party professional contractor for said service without notice to Tenant, and thereafter diligently prosecute Tenant shall upon demand reimburse Landlord for the full cost thereof. Additionally Landlord, at any time and in its sole discretion, reserves the right upon ninety (90) days written notice to Tenant to enter into a regularly scheduled preventative maintenance service contract covering the service, repair and/or replacement of any or all such cure to completionitems for the entire building(s) of which the Premises are a part, Landlord may perform such work and in which event Tenant shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure liable for its proportionate share of such failure the cost and shall thereafter be entitled to recover the costs expense of such cure from Tenant. said preventative maintenance service contract in accordance with Paragraph 4 above. C. Subject to Sections 17 and 18the provisions of Paragraph 10, Tenant shall bear repair and pay for any damage to the full uninsured cost of any repair Premises or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesTenant's employees, agents or invitees, or caused by Tenant's default hereunder. Notwithstanding anything Access to the contrary contained in this Lease, as roof or the exterior walls xx xxe Premises or Project for purposes of repairs or otherwise by the Rent Commencement Date, the maintenance and repair obligations for the Premises Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory subject to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof 's prior approval and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeconditions as Landlord may require.

Tenant’s Repairs. Subject to the terms of Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require that Tenant also repair, replace and replacement may maintain, at Tenant’s expense, any equipment located within the Premises and/or mechanical systems that exclusively serve the Premises. Tenant’s maintenance obligations under this Section 14 shall include capital expenditures the procurement and repairs whose benefit may extend beyond maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord. Notwithstanding anything to the Termcontrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph with respect to any equipment and/or mechanical systems serving the Premises shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment and/or systems. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Landlord's construction obligations in ---------------- the Tenant Work Letter and Landlord's repair obligations in Section 13 hereof7.2 below, TenantTenant shall, at its Tenant's own expense, shall repair, replace keep the Data Center and maintain in good condition all non- structural portions of the Premises, including all improvements, fixtures and furnishings therein (but excluding the Base Building Systems, as defined in Section 7.2 below), in good order, repair and condition at all times during the Lease Term, except for damage by ordinary wear and tear, and except for any and damage by casualty which is Landlord's obligation to repair in Section 11.1 below. Such repair obligations shall include, without limitation, (i) the obligation to promptly and adequately repair all damaged or broken fixtures and appurtenances, and (ii) maintaining, repairing and replacing, as necessary, at Tenant's sole cost and expense, the Data Center and Data Center Work (including, without limitation, entriesthe Supplemental HVAC Units, doorswhether installed in the Premises or on the roof of the Building), ceilings, interior windows, interior walls, which repairs shall include ordinary wear and the interior side of demising walls. Such repair tear and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work casualty damage and shall be reimbursed performed by a third-party maintenance contractor selected by Tenant within 10 days after demand thereforand approved by Landlord pursuant to a maintenance contract approved by Landlord; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of elect to perform such failure maintenance, repairs and/or replacements, and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory pay to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained hereinas Additional Rent, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shallactual, at a minimum, comply with manufacturer’s recommended maintenance procedures for documented and reasonable cost thereof (including the optimal performance cost of the applicable equipment. Landlord shallmaintenance contract), notwithstanding anything without profit to the contrary contained in this LeaseLandlord, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Projectwithin thirty (30) days after invoice from Landlord. If Tenant fails to maintain the Premises in good order, condition and repair, Landlord shall give Tenant written notice that Tenant must do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Should Tenant refuse or neglect to repair the Premises at any time within ten (10) days from the date on which Landlord makes such written demand on Tenant to effect such repair (or if such repair shall require more than ten (10) days to complete and Tenant shall fail to commence such repair within such ten (10) day period and to thereafter pursue such repair diligently to completion), Landlord may enter the Premises and make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord, as additional rent, Landlord's reasonable costs of completing such repairs plus an amount not to exceed five percent (5%) of such costs for Landlord's overhead, within thirty (30) days of receipt from Landlord of a written itemized xxxx therefor. Prior to commencing any item of repair or maintenance work which is connected to or may potentially adversely affect any structural portion of the Premises Building or any of the Base Building Systems, Tenant shall notify Landlord and Landlord may elect to perform the required work at Tenant's cost, which shall in no event exceed the cost for which Tenant is responsible as part of could have had the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticework performed.

Tenant’s Repairs. At Tenant's expense as provided in Section 6, Landlord shall maintain in good repair and condition the Non-Solar Roof (including the roof membrane), parking areas and other Common Areas of the Building. Subject to Landlord's obligations in Section 13 hereof11 (without limitation, structural walls), and subject to Sections 10 and 16, Tenant, at its expense, shall maintain repair, and replace and maintain in good condition working order all portions areas, improvements and systems exclusively serving the Premises that are not the responsibility of the PremisesLandlord, including, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, interior windows, the heating, ventilation, and air conditioning units serving the Premises (the “HVAC”), and interior walls, and the interior side of demising walls. Such which repair and replacement may obligations include capital expenditures and repairs whose benefit may extend beyond the TermExpiration Date. Should The HVAC systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant fail in accordance with Exhibit C to make any this Lease. The scope of services and contractors under such repair or replacement or fail to maintain the Premises, Landlord maintenance contracts shall give Tenant notice of such failurebe reasonably approved by Landlord. If Tenant fails to commence cure of such failure perform any Tenant maintenance, repair, or replacement required under this Lease within 10 30 days of Landlord’s notice, and thereafter diligently prosecute such cure from written notice to completionTenant, Landlord may perform such work and Tenant shall be reimbursed reimburse Landlord for such costs actually incurred by Tenant Landlord within 10 30 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure along with a 5% administrative fee. 13. Tenant-Made Alterations and shall thereafter be entitled to recover the costs of such cure from TenantTrade Fixtures. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs alterations, additions, or improvements to the Premises ("Tenant-Made Alterations"), which are with respect to the interior of the Premises, do not impact the structure of the Building, and the cost of which does not exceed $250,000 in the aggregate during a calendar year, without Xxxxxxxx's consent; provided Tenant provides Landlord with a written notice of such Tenant- Made Alterations containing reasonably complete information regarding such Tenant-Made Alterations. All other Tenant-Made Alterations shall require Landlord’s prior written consent, and reasonable approval of the plans, not to be unreasonably withheld, delayed or conditioned provided such alteration does not impact the structure of the Building, modify the exterior of the Building, or modify the utility or mechanical systems of the Project. Landlord shall use commercially reasonable efforts to respond within ten (10) business days to any request by Tenant for approval of any such Tenant-Made Alteration. Tenant shall be responsible to ensure that all Tenant-Made Alterations comply with Legal Requirements and are constructed in a good and workmanlike manner by reputable contractors. Tenant shall provide Landlord with the names of all contractors performing work or supplying materials prior to beginning construction, and Landlord may post notices of non-responsibility at the Premises. Tenant shall continuecause its contractor completing Tenant-Made Alterations to provide certificates of insurance for worker's compensation, as part including a waiver of Operating Expensessubrogation in favor of Landlord Parties, and commercial general liability in an amount equal to be responsibleUSD$2,000,000, as including a provision of additional insured status for Landlord Parties. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord final lien waivers from all contractors and subcontractors who provided in Section 13, services for capital repairs and replacements required to be made to the ProjectTenant-Made Alterations. If Tenant fails to maintain any portion Upon surrender of the Premises for which Premises, Tenant is responsible shall remove all Tenant-Made Alterations and any improvements constructed by Tenant, unless Landlord notifies Tenant that they shall remain as part of the Landlord's property. Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure repair any damage resulting from such removal. Upon Tenant’s failure within 10 days after receipt of such notice.'s

Tenant’s Repairs. Subject to Section 13 hereof, TenantA. Tenant shall, at its own cost and expense, shall repair, replace keep and maintain all parts of the Premises (except those for which Landlord is expressly responsible under the terms of this lease) in good condition condition, promptly making all portions of the Premisesnecessary repairs and replacements, including, without limitationbut not limited to, entrieswindows, glass and plate glass, doors, ceilingsspecial store fronts or office entries, interior windowswalls and finish work, interior wallsfloors and floor covering, downspouts, gutters, heating and air conditioning systems, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, keeping the parking areas, driveways, alleys and the interior side whole of demising wallsthe Premises in a clean and sanitary condition. Such Tenant shall not be obligated to repair and replacement may include capital expenditures and any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to subparagraph 13.A below, except that Tenant shall be obligated to repair all wind damage to glass, except with respect to tornado or hurricane damage. Tenant shall not be responsible for repairs whose benefit may extend beyond caused by the Term. Should Tenant fail to make any such repair acts or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days proven negligence of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates its agents or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, employees. B. Tenant shall bear not damage any demising wall or disturb the full uninsured integrity and support provided by any demising wall and shall, at its sole cost of and expense, promptly repair any repair damage or replacement injury to any part of the Project that results from damage demising wall caused by Tenant or any its employees, agents or invitees. C. Tenant Party and any repair that benefits only its employees, customers and licensees shall have the Premises. Notwithstanding anything right to use the contrary contained in this Leaseparking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. Landlord reserves the right to perform the paving and landscape maintenance, exterior painting, common sewage line plumbing, and care for the grounds around the Building, and Tenant shall be liable for its proportionate share (as defined in subparagraph 4.B above) of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The If Tenant Maintenance Obligations or any other particular tenant of the Building can be clearly identified as being responsible for obstructions or stoppage of the common sanitary sewage line, then Tenant, if Tenant is responsible, or such other responsible tenant, shall include pay the procurement entire cost thereof, upon demand, as additional rent. Tenant shall pay, when due, its share, determined as aforesaid, of such costs and maintenance expenses along with the other tenants of contracts, in form and substance reasonably satisfactory to Landlord, with copies the building to Landlord upon Landlord’s written requestdemand, for as additional rent, of the amount of its share as aforesaid of such costs and with contractors reasonably acceptable to Landlord specializing and experienced expenses in the respective Tenant Maintenance Obligationsevent Landlord elects to perform or cause to be performed such work. Notwithstanding anything In the event any such amount is not paid within ten (10) days after the date of Landlord's invoice to the contrary contained hereinTenant, the scope of work of any such contracts entered into unpaid amount shall bear interest from the date due until paid at the maximum interest rate allowed by law. D. Tenant pursuant to this paragraph shall, at its own cost and expense, enter into a minimumregularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, comply with manufacturer’s recommended heating and air conditioning systems and equipment within the Premises. The maintenance procedures for contractor and the optimal performance contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any date Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion takes possession of the Premises for which Premises. At Tenant's request, Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, be authorized to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeregularly scheduled preventive maintenance/service required herein.

Tenant’s Repairs. Subject to Section 13 hereofLandlord's obligations in Paragraph 2(a) and Paragraph 10, and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, concrete floors, dock and loading areas together with all dock-related equipment including but not limited to dock bumpers, dock plates and/or levelers, and seals, truck doors, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, interior windows, interior walls, walls and the interior side of demising walls. Such repair Except to the extent made the obligation of Landlord pursuant to Paragraph 10(a) above, Tenant shall also repair, replace and replacement may include capital expenditures maintain in good condition the mechanical, electrical, fire-life safety, plumbing, and repairs whose benefit may extend beyond HVAC systems installed or furnished by Landlord serving the TermPremises (collectively, the “Building Systems”). Should Heating, ventilation and air conditioning systems and other Building Systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant. The scope of services and contractors under such maintenance contracts shall be subject to Landlord’s prior reasonable approval. Tenant fail shall also deliver to make Landlord quarterly reports from such contractors with respect to Tenant’s maintenance obligations under this Lease. Upon Landlord’s request, Tenant shall deliver to Landlord a copy of any such repair or replacement or fail to maintain all of the Premises, Landlord shall give Tenant notice of such failure. foregoing maintenance service contracts.] If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 ten (10) days after receipt of written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project Building or Exterior Premises that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to the provisions regarding fire and other casualty losses set forth in Section 13 hereof17 hereof and to Sections 16 and 18 of this Lease, Tenant, at its expense, shall repair(i) keep the Premises (including all Tenant’s Work and other Tenant Alterations, replace but excluding any Building structural elements and maintain any portion of any mechanical, plumbing, electrical or other system located within the Premises that does not exclusively serve the Premises) in good order, repair and condition at all portions of times during the Term, and (ii) promptly and adequately repair all damage to the Premises, includingincluding damage to interior windows and to any portion of the Building air conditioning, without limitationheating, entrieselectrical and plumbing systems which run through the Premises and which serve the Premises, doorscaused by Tenant or its contractors, ceilingsagents, interior windowsemployees or invitees. Tenant shall give prompt notice to Landlord of any material repair, interior walls, and the interior side of demising wallsmaintenance or replacement items required under this Section 9(b). Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail All work with respect to make any such maintenance, repair or replacement or fail shall be performed within a reasonable period after the need for such action arises and shall be subject to maintain the Premises, Landlord shall give Tenant notice provisions of such failureSection 14 hereof. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 a period of thirty (30) days after demand thereforwritten notice from Landlord to Tenant (or such longer time period as may be reasonably necessary so long as Tenant commences taking action with respect to such repair work within the first ten (10) days after receiving such notice and diligently pursues completion thereof; provided, howeverfurther, that if no such failure by Tenant creates notice or could create cure period shall be required in the case of an emergency), Landlord may immediately commence cure of may, in its sole discretion, elect to effect such failure and shall thereafter repairs whether or not Tenant would otherwise be entitled prepared to recover the costs of do so, and, in such cure from Tenant. Subject to Sections 17 and 18case, Tenant shall bear pay Landlord the full uninsured cost thereof, plus a coordination and management fee equal to ten percent (10%) of the cost of any such repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Leasework, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipmentdemand. Landlord shall, notwithstanding anything to the contrary contained in this Lease, shall also have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continuerecover from Tenant, as part of Operating ExpensesRent hereunder, to be responsibleany reasonable cost incurred by Landlord for architectural, engineering or other costs and expenses as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt result of such noticework.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 15 business days after demand therefor; provided, however, that if such failure by Tenant creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The parties hereby acknowledge and agree that Exhibit G may be amended following the date of this Lease, as reasonably determined by the parties. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Notwithstanding anything to the contrary contained herein, if Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations Obligations, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 10 business days after receipt of such notice.

Tenant’s Repairs. Subject Except for damage to Section 13 hereofthe Leased Premises or the Building caused by an act or omission of Landlord or Landlord's employees, Tenantagents, contractors, or invitees following the Commencement Date, Tenant shall, at its Tenant's expense, shall repair, replace and maintain keep the Leased Premises in good condition and repair at all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond times during the Term. Should Tenant fail shall repair any damage to make any such repair the Project directly or replacement indirectly caused by or fail to maintain arising out of the Premises, Landlord shall give acts or omissions of Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticeor Tenant's Agents, and thereafter diligently prosecute all such cure to completion, Landlord may perform such work and repairs shall be reimbursed performed by Tenant within 10 days after demand thereforBuilding maintenance personnel at Tenant's sole expense; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure Tenant's obligations hereunder are subject to the mutual waiver of such failure and shall thereafter be entitled to recover subrogation contained herein. At the costs end of such cure from Tenant. Subject to Sections 17 and 18the Term, Tenant shall bear surrender to Landlord the full uninsured cost of any repair or replacement to any part Leased Premises and all alterations, additions, and improvements thereto in the same condition as when received, ordinary wear and tear excepted. Tenant shall receive the benefit of the Project that results from damage caused coverage afforded to Landlord by Tenant any warranty or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything maintenance/service contract relating to the contrary contained in this Lease, as Leased premises. Tenant shall commence such repair within ten (10) days of the Rent Commencement Dateearlier of (i) Tenant's receipt of written notice from Landlord of a defect or need for repairs, or (ii) the maintenance and repair obligations date upon which Tenant first became aware of a defect or need for the Premises shall be allocated between Landlord repairs, and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated shall thereafter have a reasonable opportunity under the particular circumstance to Tenant pursuant repair same or cure such defect in a good and workmanlike manner and shall diligently prosecute the repair to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Projectcompletion. If Tenant fails to maintain any portion make needed repairs as provided above, Landlord may make such repairs, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs plus a fee in the amount of 10% of the Premises for which Tenant is responsible as part actual costs of performing such work to cover the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements costs of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeLandlord's supervision.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all interior portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and 732202571.1 to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. (a) Subject to Section 13 hereofLandlord’s obligation in Paragraph 10 and/or elsewhere in this Lease, Tenant, Tenant at its sole expense, shall repair, replace and maintain in good condition and in compliance with all Legal Requirements all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, equipment and loading areas, plumbing, water, and sewer lines up to points of common connection, entries, doors, door frames, ceilings, interior windows, window frames, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems, and other building and mechanical systems serving the Premises. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. Should If a capital replacement of any currently existing element of the Premises is required then, provided that such capital replacement (i) was not necessitated by Tenant’s misuse, failure to perform ordinary repair and maintenance in a commercially reasonable manner, or failure to timely comply with any of the terms of this Lease (it being understood that, subject to Section 9(c), Tenant fail shall solely be responsible for the cost thereof if such capital replacement was necessitated by Tenant’s misuse, failure to make perform ordinary repair and maintenance in a commercially reasonable manner, or failure to timely comply with any such repair or replacement or fail of the terms of this Lease), and (ii) is not with respect to maintain the Premisesany Tenant-Made Alterations, Landlord shall give perform such capital replacement and the cost thereof shall be amortized on a straight line basis (with interest at 8% per annum) over a period equal to the useful life thereof for federal income tax purposes, and Tenant notice shall pay such amortized payments to Landlord on the first day of such failureeach month together with its Base Rent payments (but without regard to any credit or abatement of Base Rent) through and including the expiration of the Lease Term (and any extensions thereof). If Tenant fails to commence cure of such failure within 10 Within ten (10) days of Landlordthe Commencement Date, Tenant, at Tenant’s noticeexpense, shall enter into maintenance service contracts for the maintenance and thereafter diligently prosecute such cure to completionrepair of the heating, Landlord may perform such work ventilation and shall be reimbursed by Tenant within 10 days after demand thereforair conditioning systems and other mechanical and building systems serving the Premises; provided, however, that if at Landlord’s written election (but at Tenant’s expense), Landlord shall have the right (but not the obligation) to enter into such failure maintenance service contracts. The scope of services and contractors under such maintenance contracts maintained by Tenant creates shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover delayed. (b) In the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of event that any repair or replacement maintenance obligation required to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at hereunder may affect the structural integrity of the Building (e.g., roof, foundation, structural members of the exterior walls) or any Building systems (e.g., plumbing, electrical, HVAC, fire and life safety), prior to commencing any such repair, Tenant shall provide Landlord with written notice of the necessary repair or maintenance and a brief summary of the structural component or components of the Building, and/or the Building systems, that may be affected by such repair or maintenance. Within ten (10) business days after Landlord’s receipt of Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Leasenotice, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof elect to cause such repair or maintenance to be performed by Landlord, or a contractor selected and to assume the Tenant Maintenance Obligations if Tenant does not cure engaged by Landlord, but at Tenant’s failure within 10 days after receipt of such noticesole cost and expense.

Tenant’s Repairs. Subject (c) The Tenant covenants with the Landlord to Section 13 hereof, Tenant, at its expense, shall repair, replace maintain and maintain keep at the Tenant's own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good condition all portions and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant's use of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, Leased Premises while using them in a manner consistent with this Lease. The Landlord may enter the Leased Premises at all reasonable times and view the condition thereof and the interior side Tenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good and substantial repair according to notice in writing, reasonable wear and tear excepted. If the Tenant shall fail to repair as aforesaid after reasonable notice to do so, the Landlord may effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand. The Tenant covenants with the Landlord that the Tenant will at the expiration of demising walls. Such the Term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and replacement may include capital expenditures condition, reasonable wear and repairs whose benefit may extend beyond the Termtear excepted. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. INDEMNIFICATION (d) If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project Property becomes out of repair, damaged or destroyed through the negligence of, or misuse by, the Tenant or its employees, agents, invitees or others under its control, the Tenant shall pay the Landlord on demand the expense of repairs or replacements, including the Landlord's reasonable administration charge thereof, necessitated by such negligence or misuse. DAMAGE AND DESTRUCTION (e) It is agreed between the Landlord and the Tenant that; (i) In the event of damage to the Property or to any part thereof, if the damage is such that results from the Leased Premises or any substantial part thereof is rendered not reasonably capable of use and occupancy by the Tenant for the purposes of its business for any period of time in excess of ten (10) days, then (1) unless the damage was caused by the fault or negligence of the Tenant or any Tenant Party its employees, agents, invitees or others under its control, from the date of occurrence of the damage and any repair that benefits only until the Premises. Notwithstanding anything Leased Premises are again reasonably capable for use and occupancy as aforesaid, the Rent payable pursuant to this Lease shall abatx xxxm time to time in proportion to the contrary contained part or parts of the Leased Premises not reasonably capable of such use and occupancy, and (2) unless this Lease is terminated as hereinafter provided, the Landlord or the Tenant as the case may be (according to the nature of the damage and their respective obligations to repair as provided in sub-paragraphs (a), (b) and (c) of this paragraph) shall repair such damage with all reasonable diligence, but to the extent that any part of the Leased Premises is not reasonably capable of such use and occupancy by reason of damage which the Tenant is obligated to repair hereunder, any abatement of Rent to which the Tenant would otherwise be entitled hereunder shall not extend later than the time by which, in the reasonable opinion of the Landlord, repairs by the Tenant ought to have been completed with reasonable diligence; and (ii) if the Leased Premises are substantially damaged or destroyed by any cause and if in the reasonable opinion of the Landlord given in writing within thirty (30) days of the occurrence the damage cannot reasonably be repaired within one hundred and eighty (180) days after the occurrence thereof, then the Lease shall terminate, in which event neither the Landlord nor the Tenant shall be bound to repair as provided in sub-paragraphs (a), (b) and (c) of this paragraph, and the Tenant shall instead deliver up possession of the Leased Premises to the Landlord with reasonable expedition and Rent shall be apportioned and paid to the date of the occurrence; and (iii) if premises whether of the Tenant or other tenants of the Property comprising in the aggregate half or more of the total number of square feet of rentable office area in the Property or half or more of the total number of square feet of rentable office area in Building (as determined by the Landlord) or portions of the Property which affect access or services essential thereto, are substantially damaged or destroyed by any cause and if in the reasonable opinion of the Landlord the damage cannot reasonably be repaired within one hundred and eighty (180) days after the occurrence thereof, then the Landlord may, by written notice to the Tenant given within thirty (30) days after the occurrence of such damage or destruction, terminate this Lease, as of in which event neither the Rent Commencement Date, Landlord nor the maintenance and repair obligations for the Premises Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated bound to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, repair as provided in Section 13, for capital repairs sub-paragraphs (a) (b) and replacements required to be made to the Project. If Tenant fails to maintain any portion (c) of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.this

Tenant’s Repairs. Subject to Section 13 hereof, TenantTenant will, at its sole cost and expense, shall maintain the Premises and the fixtures and appurtenances therein in good order, condition and repair, replace and will neither commit nor suffer any active or permissive waste or injury thereof. At all times. Tenant shall maintain the Premises in good condition accordance with all portions laws, rules and regulations governing its occupancy of the Premises. Tenant's responsibilities in conjunction therewith shall include, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail but not be limited to maintain the Premises in a satisfactory condition and state of repair. All such repair work, maintenance and any alterations permitted by Landlord (I) shall be done at Tenant's sole cost and expense; (ii) shall be done by Landlord's employees or agents or, with Landlord's express written consent, by persons requested by Tenant; and (iii) shall first be consented to in writing by Landlord. Tenant shall, at Tenant's expense, with Landlord's express written consent, by persons requested by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. In the event any repairs are required to be made in or to the Premises as a result of the actions or inactions of Tenant, its agents, contractors, servants, employees, subtenant, concessionaires, licensees, invitees Or guests. Tenant shall be responsible for payment of all such repairs, which shall be made by Landlord shall give Tenant notice of such failureor its contractors. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticedoes not make repairs promptly and adequately. Landlord may, but need not, make repairs, and thereafter diligently prosecute such cure Tenant shall promptly pay the cost thereof as Rent in addition to completionthe Base Rental and Additional Rent. Tenant shall pay Landlord as Rent in addition to the Base Rental and Additional Rent for overtime and for any other expense incurred in the event repairs, Landlord may perform such alterations, decorating or other work and shall be reimbursed by Tenant within 10 days after demand therefor; providedin the Premises are not made, howeverat Tenant's request, that if such failure by Tenant creates during ordinary business hours. Upon expiration or could create an emergency, Landlord may immediately commence cure other termination of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18me Term, Tenant shall bear the full uninsured cost of any repair or replacement quit and surrender to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only Landlord the Premises. Notwithstanding anything to the contrary contained , broom clean, in good order and condition as provided in this Lease, as of the Rent Commencement Dateordinary wear and tear excepted, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance remove all of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeits property.

Tenant’s Repairs. Subject Any and all repairs, maintenance and replacements required at the Project and not included in the Landlord Repairs set forth in Section 9.01(B) shall be deemed to Section 13 hereofbe Tenant’s repair, Tenantmaintenance and replacement obligation. In connection therewith, Tenant shall, at its expense, shall repair, replace keep and maintain the interior, nonstructural portions of the Leased Premises including but not limited to all mechanical systems and plumbing hot water heater, fire extinguishers, sprinkler system, elevator maintenance, extermination services, and all HVAC ​ equipment, mechanical systems, in good condition and repair at all portions times. Tenant shall, at its expense, keep and maintain Tenant’s Work and signage in good condition and repair at all times. Tenant shall keep and maintain the exterior including parking areas and driveways and drive aisles in good condition and repair. The Landlord will provide the scope and specification of the Premisespaving detail which shall demonstrate the quality and workmanship of a Class A finished product for a period of five (5) years. Any replacements due to latent defect to the pavement will be the responsibility of the Landlord during the first sixty (60) months. All such repairs and necessary replacements shall be in quality and class equal to the original work and materials. Landlord shall provide Tenant with any owner’s manuals and manufacturer’s warranties in Landlord’s possession for any equipment that Tenant is responsible to maintain and/or repair. With respect to the heating ventilating and air conditioning (“HVAC”), includingat all times during the term of this Lease and any extensions thereof, without limitationTenant shall be responsible for the maintenance, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures of the HVAC system and repairs whose benefit may extend beyond the Term. Should Tenant fail shall maintain a quarterly service agreement with a reputable HVAC contractor acceptable to make any such repair or replacement or fail to maintain the PremisesLandlord, Landlord and shall give Tenant notice provide a copy of such failure. If Tenant fails to commence cure of such failure agreement within 10 thirty (30) days of Landlordoccupancy of the Premises or the Tenant may elect to self-perform the HVAC maintenance and repair. The Landlord will have the right to audit Tenant’s noticeHVAC maintenance records, upon written request, and thereafter diligently prosecute such cure to completion, Landlord may perform such be assured the work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover is being conducted correctly. Each year during the costs of such cure from Tenant. Subject to Sections 17 and 18term, Tenant shall bear the full uninsured cost provide Landlord with a current copy of any repair or replacement said contract. Tenant’s failure to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in maintain such contract shall be considered a default under this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Leasesuch contract, Landlord shall have the rightmay, but shall not be obligated to obtain a contract and the obligationcost of same shall be considered additional rent, to provide payable by Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after upon receipt of such noticean invoice.

Tenant’s Repairs. Subject to Section 13 hereofhereof (and except as otherwise expressly set forth in the fourth full paragraph of Section 2(a) of this Lease and the fourth full paragraph of Section 2(b) of this Lease), Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement DateDate with respect to the Initial Premises and as of the Subsequent Premises Commencement Date with respect to the balance of the Project, the maintenance and repair obligations for the Premises and the Project shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating ExpensesExpenses (except as otherwise expressly excluded from Operating Expenses pursuant to Section 5 and except as otherwise expressly set forth in the fourth full paragraph of Section 2(a) of this Lease and the fourth full paragraph of Section 2(b) of this Lease), to be responsible, responsible as provided in Section 13, 13 for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises Project for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this LeaseLease (each, a “Maintenance Obligation Failure”), Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof thereof. If Tenant does not cure such Maintenance Obligation Failure within 10 business days (unless the nature of such repair or maintenance is such that longer than 10 business days is reasonably required to cure, in which case Tenant shall have additional time so long as Tenant is diligently pursuing such cure) of Landlord’s written notice, Landlord shall provide to Tenant with a second written notice stating that Tenant’s failure to cure its Maintenance Obligation Failure within 5 days after Tenant’s receipt of the second notice may result in Landlord assuming the maintenance obligation with respect to which the Maintenance Obligation Failure exists. Landlord and Tenant acknowledge and agree that (a) the administrative rent of 1% of Base Rent provided for in Section 5 assumes Tenant continues to assume maintain the portions of the Project for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease as provided in this Section 14, and (b) if at any time during the Term, Landlord assumes any or all of the Tenant does Maintenance Obligations as provided for in the immediately preceding sentence, then such administrative rent shall be increased to 3% of Base Rent. If Landlord has assumed any of Tenant Maintenance Obligations pursuant to the terms of this paragraph, either Landlord or Tenant may elect, upon not cure Tenant’s failure within 10 less than 30 days after receipt written notice to the other, to have Landlord assume the balance of the Tenant Maintenance Obligations and Tenant shall not be required to perform any of the Tenant Maintenance Obligations following such noticedate.

Tenant’s Repairs. Subject to Section 13 hereofExcept as otherwise provided herein, Tenant, at its expense, Tenant shall maintain in clean condition and good repair, replace and maintain in good condition pay the costs and expense thereof, the nonstructural walls (including all patching and painting thereof), gutters, downspouts, exterior and all interior nonstructural portions of the Premises, includingall healing, without limitationventilating and air conditioning systems and all plumbing, entrieselectrical, doorsgas, ceilingssprinkler and sewage systems, interior windowslocated within the building constructed by Landlord upon the Premises. Landlord shall be responsible for maintenance, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures of all structural walls, the foundation, the roof and all mechanical and utility installations located outside of the building constructed by Landlord upon the Premises. Landlord and Tenant shall cause to be established a reserve fund for the expense of said Landlord’s repairs, as determined by an independent, objective third party experienced in the determination of appropriate and necessary reserves for the Premises (“Reserve”), which Reserve amounts shall be payable by Tenant as additional Rent on a monthly basis and which amounts shall be escrowed and set aside as a separate Reserve for payment of said expenses. Notwithstanding the Reserve, Landlord shall be responsible for the full cost of Landlord’s repairs whose benefit may extend beyond in excess of the TermReserve at the time of the repair. Should Tenant fail further covenants to make any such repair or replacement or fail to inspect, maintain and repair, and pay the costs and expense thereof, the fire sprinkler system serving the Premises, (if any) including without limitation the performance of flow tests on such systems on a periodic basis, but in no event less frequently than as may be required or recommended by industry standards for a like-kind system. Landlord shall give agrees to correct any defects in Landlord’s Work or the Construction arising prior to the first anniversary of the Commencement Date provided Tenant gives written notice of such failure. If defects to Landlord within thirty (30) days after the first anniversary of the Commencement Date, This time limitation shall not apply to latent defects in Landlord’s Work or the Construction which Tenant fails could not reasonably have discovered prior to commence cure the expiration of such failure within 10 days time period. Landlord further agrees to make all repairs to the Premises, unless occasioned by the negligence of LandlordTenant or Tenant’s noticeemployees, and thereafter diligently prosecute such cure to completionservants, agents or contractors, for a period of one (1) year after the Commencement Date, Landlord may perform such shall maintain on file warranties and guaranties pertaining to the General Contractor’s work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure the mechanical systems of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything Thereafter, to the contrary contained in this Leaseextent assignable, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises Landlord shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated assign to Tenant pursuant to Exhibit H (all applicable warranties and guaranties benefiting Landlord or Tenant in connection with the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost construction of and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of systems serving the Premises for which Tenant has a repair obligation hereunder. Notwithstanding the foregoing to the contrary, Tenant shall be obligated to make those repairs which (i) are occasioned by its negligence, or the negligence of its employees, agents, servants and contractors; (ii) relate to damage encompassed in the insurance coverage required to be maintained by Tenant pursuant to Section 9.3 hereof (except to the extent that Tenant’s insurance coverage overlaps or is responsible secondary to Landlord’s primary coverage); or (iii) arises as part a direct and proximate result of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeto perform Tenant’s repair obligations in Section 6.2 below.

Tenant’s Repairs. (A) Subject to Section 13 the terms of this Article 8 and to Article 15 hereof and Article 16 hereof, Tenant, at its Tenant’s expense, shall repair, replace and maintain in take good condition all portions care of the Premises, Premises (including, without limitation, entries, doors, ceilings, interior windows, interior walls, (i) the fixtures and equipment that are installed in the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond Premises on the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, (ii) the maintenance Alterations, and repair obligations for (iii) the systems within the Premises that distribute within the Premises electricity or water). Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything make all repairs to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant Premises as and when needed to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of preserve the Premises in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 15 hereof. Nothing contained in this Section 8.2(A) shall require Tenant to perform any repairs to the Premises that are Landlord’s obligation to perform under Section 8.1 hereof. All repairs made by Tenant as part contemplated by this Section 8.2(A) shall be in conformity with the standards that are customary for first-class office buildings in the vicinity of the Building. Tenant Maintenance Obligations shall perform such repairs in accordance with the terms of Article 7 hereof. (B) Subject to the terms of this Section 8.2(B), if (a) Landlord gives Tenant a manner notice that Tenant has failed to perform a repair that this Section 8.2 obligates Tenant to perform, and (b) Tenant fails to proceed with reasonable diligence to make such repair within thirty (30) days after the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably acceptable required under the circumstances to alleviate an imminent threat to persons or property), then (i) Landlord may make such repair, and (ii) Tenant shall pay to Landlord, as additional rent, the reasonable Out-of-Pocket Costs thereof, with interest thereon at the Applicable Rate calculated from the date that Landlord incurs such expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. If (x) a particular repair that this Section 8.2 obligates Tenant to perform cannot be performed with reasonable diligence during the aforesaid period of thirty (30) days (or during such shorter period that Landlord designates, as the case may be), and (y) Tenant commences such repair during such period of thirty (30) days (or such shorter period that Landlord designates), then Landlord shall not have the right to perform such repair on Tenant’s behalf as otherwise described in this Section 8.2(B) unless Tenant fails to pursue such repair with reasonable continuity and diligence. Nothing contained in this Section 8.2(B) limits the remedies that are available to Landlord within after the requirements occurrence of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt an Event of such noticeDefault.

Tenant’s Repairs. (A) Subject to Section 13 the terms of this Article 8 and to Article 15 hereof and Article 16 hereof, Tenant, at its Tenant's expense, shall repairtake good care of the Premises (including, replace without limitation, (i) the fixtures and maintain equipment that are installed in the Premises on the Pre-Delivery Work Substantial Completion Date, (ii) the Alterations, and (iii) the systems within the Premises that distribute within the Premises electricity, HVAC (other than the perimeter fin tube heating system within the Premises) and water). Tenant shall make all repairs to the Premises as and when needed to preserve the Premises in good condition all portions condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 15 hereof. Nothing contained in this Section 8.2(A) shall require Tenant to perform any repairs to the Premises that are Landlord's obligation to perform under Section 8.1 hereof or any other provisions of this Lease. All repairs made by Tenant as contemplated by this Section 8.2(A) shall be in conformity with the standards that are customary for first-class office buildings in the vicinity of the PremisesBuilding. Tenant shall perform such repairs in accordance with the terms of Article 7 hereof, including, without limitation, entriesSection 7.4 and Section 7.9 hereof. (B) Subject to the terms of this Section 8.2(B), doors, ceilings, interior windows, interior wallsif (a) Landlord gives Tenant a notice that Tenant has failed to perform a repair that this Section 8.2 obligates Tenant to perform, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If (b) Tenant fails to commence cure of proceed with reasonable diligence to make such failure repair within 10 twenty (20) days of Landlord’s noticeafter the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably required under the circumstances to alleviate an imminent threat to persons or property), then (i) Landlord may make such repair, and thereafter diligently prosecute (ii) Tenant shall pay to Landlord, as additional rent, the Out-of-Pocket Costs thereof, with interest thereon at the Applicable Rate calculated from the date that Landlord incurs such cure expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. If (x) a particular repair that this Section 8.2 obligates Tenant to completionperform cannot be performed with reasonable diligence during the aforesaid period of twenty (20) days (or during such shorter period that Landlord designates, as the case may be), and (y) Tenant commences such repair during such period of twenty (20) days (or such shorter period that Landlord may designates), then Landlord shall not have the right to perform such work repair on Tenant's behalf as otherwise described in this Section 8.2(B) unless Tenant fails to pursue such repair with reasonable continuity and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenantdiligence. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary Nothing contained in this Lease, as of Section 8.2(B) limits the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies remedies that are available to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in after the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope occurrence of work an Event of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeDefault.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at all times during the term hereof and at its own cost and expense, shall repair, replace and maintain in good condition order and repair the Premises, and every part thereof, excluding the roof, any marquee, exterior walls, structural parts and structural floors (floor covering to be maintained by Tenant), but including without limitation all portions utility meters, pipes and conduits to the point of connection by Tenant, all so-called “Building Systems” (i.e., plumbing, electrical, heating and air conditioning equipment serving the Premises exclusively, ceiling (including ceiling tiles and light fixtures), all fixtures, signs (excluding any awning and cabinet signs), equipment, grease trap or like, and movable personal property in the Premises, the exterior of the storefront or storefronts of the Premises, includingall window sashes, without limitation, entriesframes, doors, ceilingsdoor frames and glass or plate glass, interior windowsall appurtenances to the Premises and all such items of repair, interior wallsmaintenance, and improvement or reconstruction as at any time may be required for the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Premises by any governmental or quasi - governmental agency or authority having jurisdiction, but Tenant fail shall not be required to make any such repairs required to be made because of Landlord’s gross negligence or by Landlord pursuant to Section 13.05, Article 14 or elsewhere in this Lease. All glass, exterior and interior, shall be at the sole risk of Tenant, and any broken or seriously damaged or defaced glass shall be replaced promptly by Tenant with glass of the same kind, size and quality, and by the same means. The provisions of Article 9 above shall apply to all work under this Section other than ordinary and usual periodic maintenance. Tenant, as a part of its air conditioning/heating maintenance obligation, shall be required to have a service contract with an air conditioning repair or replacement or fail firm, fully licensed to repair air conditioning units in the State of California. Tenant shall furnish to Landlord, not later than the date of commencement of the term of this lease a copy of said contract. This service contract shall include, but not be limited to, service calls on the unit(s), changing belts, filters and other parts as required, with frequency of not less than quarterly, and an annual service report listing all work performed on and the condition of the unit(s). Nothing set forth herein shall limit Tenant’s obligation to maintain the Premisesair conditioning/heating unit(s) in good condition and repair throughout the term of this Lease. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, including but not limited to Sections 1941 and 1942 of the Civil Code of California. It is specifically understood and agreed that Landlord shall give has no obligation and has made no promises to alter, remodel, improve, repair, or decorate the Premises or any part thereof and that no representations respecting the condition of the Premises of the building have been made by Landlord to Tenant notice of such failureexcept as specifically herein set forth. If Tenant fails refuses or neglects to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates make repairs or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for maintain the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance a manner reasonably satisfactory to Landlord, with copies or if Tenant shall fail to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance or perform any of the applicable equipment. Landlord shallcovenants, notwithstanding anything to the contrary contained conditions or agreements herein and in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation Lease contained on the Tenant’s part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsibleperformed, then after such notice as provided in Section 13, for capital repairs and replacements required to may be made to reasonable under the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, circumstances Landlord shall have the right, right (but not the obligation) to make such repairs, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure perform such maintenance for Tenant’s failure within 10 days after account, or perform said covenants, conditions or agreements and Tenant shall pay, as additional rent, the amount of the cost thereof immediately upon receipt of such noticeLandlord’s xxxx. Landlord’s performance of any of Tenant’s obligations hereunder shall not constitute a waiver of Tenant’s default in failing to do the same.

Tenant’s Repairs. Subject to Landlord's obligation in Section 13 hereof10 and subject to Sections 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising wallswalls and the heating, ventilation and air conditioning system. Tenant shall also be responsible for any in-rack fire sprinklers or other fire sprinklers and fire sprinkler systems exclusively serving the Premises and not part of the Building-standard fire sprinklers and fire sprinkler system. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Should At Tenant’s expense, Tenant fail shall maintain maintenance and repair contracts for the heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises and shall, upon Landlord's request, provide Landlord with a copy thereof and proof that such contract is in full force and effect. The scope of services and contractors under such maintenance and repair contracts shall be subject to make any such repair Landlord’s prior written approval, which shall not be unreasonably withheld, delayed or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failureconditioned. If Tenant fails to commence cure of such failure perform any maintenance, repair or replacement for which it is responsible within 10 days of a commercially reasonable period after Landlord’s noticenotice to do so (except in case of an emergency or situation involving imminent harm to persons or property, and thereafter diligently prosecute such cure to completionin which case Landlord may act immediately), Landlord may may, but shall not have the obligation to, perform such work and shall be reimbursed by Tenant Tenant, as additional rent hereunder, within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project Building that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees, and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof(a) Tenant shall at its own cost and expense keep and maintain all parts of the Leased Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in good condition, Tenantpromptly making all necessary repairs and replacements, including but not limited to, windows, glass, plate glass doors, any special office entry, interior walls and finish work, floors and floor covering, downspout, gutters, heating and air conditioning systems, lighting, electrical systems, dock boards, truck doors, door bumpers, paving, plumbing lines, equipment, and fixtures, termite and pest extermination, regular removal of trash and debris, keeping the whole of the Leased Premises in a clean and sanitary condition. (b) Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such promptly repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair damage or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement injury to any part of the Project that results from damage demising wall caused by Tenant or any its employees, agents or invitee. (c) Tenant Party and any repair that benefits only its employees, customers and licensees shall have the Premises. Notwithstanding anything non-exclusive right to use the contrary contained in this Leaseparking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of the Rent Commencement Date, the maintenance ingress and repair obligations egress of other tenants. Landlord shall not be responsible for the Premises enforcing Tenant's parking rights against any third parties. Tenant shall be allocated between Landlord and Tenant as set forth entitled to use the ten (10) parking spaces shown on Exhibit H "F" attached hereto. (d) Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or exclusively serving the Leased Premises. The maintenance obligations allocated to Tenant pursuant to Exhibit H (contractor and the “Tenant Maintenance Obligations”) shall contract must be performed approved by Tenant at Tenant’s sole cost and expenseLandlord. The Tenant Maintenance Obligations shall service contract must include all services suggested by the procurement equipment manufacturer within the operation/maintenance manual and maintenance of contracts, in form must become effective (and substance reasonably satisfactory a copy thereof delivered to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance ) within thirty (30) days of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any date Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion takes possession of the Leased Premises and provide for which Tenant is responsible as part of the Tenant Maintenance Obligations in service not less than a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 quarterly basis. Within ten (10) days after receipt of a request from Landlord, Tenant shall deliver to Landlord copies of all maintenance or service reports performed in connection with or pursuant to such noticemaintenance/service contract.

Tenant’s Repairs. Subject to Section 13 7.2 and Article 24, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all keep the interior nonstructural portions of the Premises, includingincluding all improvements, without limitationfixtures and furnishings therein, entriesin good order, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures condition at all times during the Lease Term, reasonable wear and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, tear and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises casualty (which shall be allocated between Landlord and governed by the terms of Article 11 below) excepted. In addition, subject to Section 7.2 below, Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimumTenant's own expense, comply with manufacturer’s recommended maintenance procedures for but under the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything supervision and subject to the contrary contained in this Leaseprior approval of Landlord, have no obligation to perform and within any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part reasonable period of Tenant to make any structural and/or capital repairs or improvements time specified by Landlord, pursuant to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant, and (ii) damage by fire or other casualty (which shall be governed by the terms of Article 11 below); provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord (or Landlord's property manager) may, but need not, make such repairs and replacements, and Tenant shall pay Landlord (or Landlord's property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord (or Landlord's property manager's) for all overhead, general conditions, fees and other costs or expenses arising from Landlord's (or Landlord's property manager) involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, upon reasonable prior notice, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall have the right, but not the obligation, desire or deem necessary or as Landlord may be required to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticedo by governmental or quasi-governmental authority or court order or decree.

Tenant’s Repairs. Subject to Landlord's repair obligations set forth in Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 187.1 above, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimumTenant's own expense, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything pursuant to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, equipment (including without limitation the Supplemental Equipment) and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall have desire 14 21 or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, provided that Landlord shall use commercially reasonable efforts to ensure that any such repairs, alterations or improvements do not materially interfere with or unreasonably disrupt Tenant's use and occupancy of the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticePremises.

Tenant’s Repairs. Subject A. Landlord reserves the prior right, exercisable at any time and in xxx xxxx xxscretion, to Section 13 hereofcoordinate, perform, or to contract of the performance of Tenant's repair, maintenance and replacement obligations under this Paragraph 5. Tenant shall reimburse Landlord upon demand for the costs of any such services or repairs incurred by Landlord. Except only those repairs for which Landlord is responsible under Paragraph 4.A, Tenant, at its expense, shall repair, replace Tenant's sole cost and expense shall: (i) maintain in good condition all portions parts of the Premises, includinglandscape and grounds surrounding the Premises and the building at which the Premises are a part, without limitationin good condition, entries(ii) promptly make all necessary repairs and replacements, doors(iii) keep the parking areas, ceilings, interior windows, interior wallsdriveways and alleys surrounding the Premises in a clean and sanitary condition, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make maintain any such repair or replacement or fail to maintain spur track servicing the Premises. B. Tenant, at its own cost and expense, shall enter into and deliver to Landlord shall give Tenant notice of such failurea regularly scheduled preventative maintenance service contract with a maintenance contractor approved by Landlord for servicing all hot water, heating and air-conditioning systems and other equipment within the Premises. If Tenant fails to commence cure of such failure The service contract must include all services required by the Landlord and must become effective within 10 thirty (30) days of Landlord’s noticethe date Tenant takes possession of the Premises. In the event Tenant does not deliver said contract to Landlord within thirty (30) xxxx xf the commencement date, the Landlord has the right to contract for said service without notice to Tenant, and thereafter diligently prosecute Tenant shall upon demand reimburse Landlord for the full cost thereof. Additionally Landlord, at any time and in its sole discretion, reserves the right upon ninety (90) days written notice to Tenant to enter into a regularly scheduled preventative maintenance service contract covering the service, repair and/or replacement of any or all such cure to completionitems for the entire building(s) of which the Premises are a part, Landlord may perform such work and in which event Tenant shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure liable for its proportionate share of such failure the cost and shall thereafter be entitled to recover the costs expense of such cure from Tenant. said preventative maintenance service contract in accordance with Paragraph 4 above. C. Subject to Sections 17 and 18the provisions of Paragraph 10, Tenant shall bear repair and pay for any damage to the full uninsured cost of any repair Premises or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesTenant's employees, agents or invitees, or caused by Tenant's default hereunder. Notwithstanding anything Access to the contrary contained in this Lease, as roof or the exterior walls xx xxx Premises or Project for purposes of repairs or otherwise by the Rent Commencement Date, the maintenance and repair obligations for the Premises Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory subject to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof 's prior approval and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeconditions as Landlord may require.

Tenant’s Repairs. Subject to Section 13 (a) Throughout the term hereof, Tenant, at its expense, Tenant shall repair, replace repair and maintain the interior of the Premises good order and condition, including the heating, ventilating and air conditioning (HVAC) system, plumbing and electrical systems which are located in good condition all portions of and the Premises, including, without limitation, entries, doors, ceilings, interior windowswindow glass, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticefloor coverings, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates doors. Upon the expiration or could create an emergency, Landlord may immediately commence cure termination of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18this Lease, Tenant shall bear surrender the full uninsured cost Premises to Landlord good condition and repair, reasonable wear and tear, damage and destruction, condemnation, repairs required by Landlord, and acts or omissions of Landlord, its agents, employees, or independent contractors excepted. Landlord agrees to assign to Tenant (or enforce for Tenant's benefit) all warranties, extended warranties and guarantees with respect to mechanical parts of the HVAC system, and all other systems, of any repair kind or replacement nature, serving the Premises and for which Tenant is required to any part of the Project repair, maintain and replace hereunder. (b) Landlord represents and warrants that results from damage caused by Tenant or any Tenant Party all utility, mechanical, plumbing, and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for other systems serving the Premises shall be allocated between Landlord in good operating condition and Tenant repair as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the ProjectFixture Date, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, pay for capital repairs and any replacements required to be made for such systems during the first full calendar year after the earlier of so long as such date occurs subsequent to the ProjectFixture Date, the date of delivery of a Certificate of Substantial Completion from the General Contractor or the Commencement Date. If Tenant fails required to maintain replace any portion such systems during the last three (3) years of the Premises for which Tenant is responsible term (or extended term, as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements case may be) of this Lease, Landlord shall have the rightLandlord, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 fifteen (15) days after receipt receiving copies of paid bills therefor, shall reimburse Tenant for an amount equal to the product obtained by ,,-- (1) minus a fraction, the numerator of which shall be the number of days subsequent to tho date Tenant replaces such system to and the last day of the tern: (or extended term, as the case may be) of this Lease, and the denominator of which shall be the number of days the entire of such noticesystems. During the term of this Lease, Tenant shall maintain a service contract providing for the maintenance of the HVAC System on a quarterly basis.

Tenant’s Repairs. Subject to Section 13 hereofLandlord's obligations in Paragraph 10.1 below, TenantTenant shall, at its Tenant's sole cost and expense, shall repairkeep the non-structural, replace non-Base Building and maintain non-"Premises Systems" (as that term is defined in good condition all Paragraph 10.1 below) portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, Premises in good and the interior side of demising walls. Such sanitary condition and repair and replacement may include capital expenditures and repairs whose benefit may extend beyond at all times during the Term. Should All damage, injury or breakage to any part or portion of the Premises or the Building or the Project caused by the willful misconduct or negligent act or omission of Tenant fail or Tenant's agents, contractors, employees, licensees, directors, officers, partners, trustees, visitors or invitees (collectively, "Tenant's Employees") shall be promptly repaired by Tenant to make any such repair or replacement or fail the satisfaction of Landlord at Tenant's sole cost and expense and pursuant to maintain the Premisesprovisions of Paragraph 7.3 above (collectively, Landlord shall give Tenant notice the "Repairs") (except to the extent the cost of such failureRepairs are covered by insurance carried or required to be carried by Landlord pursuant to the terms of this Lease). If Tenant fails Upon reasonable advance notice to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionTenant, Landlord may perform such work and shall be reimbursed make any Repairs which are not made by Tenant within 10 days after demand therefor; provideda reasonable amount of time (except in the case of emergency when such Repairs can be made immediately), however, that if such failure by and charge Tenant creates or could create an emergency, Landlord may immediately commence cure for the cost of such failure and shall thereafter be entitled to recover the costs of such cure from TenantRepairs. Subject to Sections 17 and 18, Tenant shall bear be solely responsible for the full uninsured cost design and function of any repair all of Tenant's Extra Improvements whether or replacement to any part of the Project that results from damage caused not installed by Tenant or any Tenant Party and any repair that benefits only the PremisesLandlord at Tenant's request. Notwithstanding anything to the contrary contained Except as specifically set forth in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant waives all rights to make any structural and/or capital repairs Repairs at Landlord's cost, or improvements to deduct the Project, and Landlord shall continue, as part cost of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain such Repairs from any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable payment owed to Landlord within under the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, TenantTenant shall, at its expense, shall repair, replace all times during the Term and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include , keep the procurement Premises and maintenance of contractseverything within the Premises, including but not limited to any alterations, improvements, fixtures and Personal Property, in form good and substance reasonably satisfactory sanitary condition and repair. All damage or injury to the Premises or the Property caused by the act or negligence of Tenant or any agents, contractors, employees or other representatives of Tenant (collectively “Tenant’s Representatives”) shall be promptly repaired by Tenant, at Tenant’s sole cost and expense, to the satisfaction of Landlord. Landlord may make any repairs that are not promptly made by Tenant and charge Tenant for the cost thereof as rent. Tenant shall be solely responsible for the design and function of all Improvements, whether or not installed by Landlord at Tenant’s request. Tenant waives all rights to make repairs at the expense of Landlord, with copies or to deduct the cost thereof from rent. Subject to the provisions of Paragraph 7, above, Tenant shall upon the expiration or termination of this Lease surrender to Landlord upon Landlord’s written requestthe Premises and all alterations, for additions and with contractors reasonably acceptable to Landlord specializing and experienced Improvements thereto in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained hereinsame condition as when received, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipmentordinary wear and tear excepted. Landlord shall, notwithstanding anything to the contrary contained in this Lease, shall have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include shampoo or replace the right carpeting or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion window coverings of the Premises for which Tenant is responsible as or to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof during the Term or any extension of the Tenant Maintenance Obligations Term, except as expressly set forth in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacement, restorations and/or renewals when necessary as well as painting. THE TERM "REPAIR" SHALL NOT INCLUDE REPLACEMENT OF HEATING, VENTILATING AND AIR CONDITIONING ("HVAC") EQUIPMENT DURING THE FIRST TWO (2) YEARS OF THE LEASE TERM ONLY EXCEPT ON HVAC EQUIPMENT INSTALLED BY TENANT AS PART OF THE FINAL TENANT IMPROVEMENT PLANS PURSUANT TO EXHIBIT "D" AND UNLESS SUCH REPLACEMENT IS DUE TO TENANT'S ABOVE "STANDARD USE", TENANT'S MISUSE, OR TENANT'S FAILURE TO MAINTAIN THE HVAC EQUIPMENT, AS REQUIRED BELOW. THE TERM "STANDARD USE" SHALL BE DEFINED AS OPERATION BASED ON A NORMAL BUSINESS DAY'S HOURS, NOT TO EXCEED TEN (10) HOURS. ANY OPERATION THAT EXCEEDS THE "STANDARD USE" HOURS SHALL BE DEEMED TO BE "ABOVE STANDARD USE". Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doors, ceilings, interior windows, interior wallsventilating and air conditioning ("HVAC") equipment with an HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and the interior side Tenant shall provide Landlord with a copy of demising walls. Such repair such contract and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termall periodic service reports. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon FIFTEEN (15) DAYS WRITTEN notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail to maintain alternative remedies, may make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as additional rent for the full uninsured cost of any such maintenance or repairs within five (5) days of written demand by Landlord Landlord shall have no maintenance or repair or replacement obligation whatsoever with respect to any part the Premises except as expressly provided in Paragraphs 10.A and 11. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Section 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only all rights to make repairs at the Premisesexpense of Landlord as provided in Section 1942 of said Civil Code. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises There shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord (EXCEPT FOR LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) by reason of inconvenience, annoyance or injury to make business arising from the making of or the failure to make, any structural and/or capital repairs repairs, alternations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part or the Building or Common Area (or any or the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant Maintenance Obligations in a manner reasonably acceptable or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to Landlord within have arisen from any of the requirements of this Lease, foregoing matters. Tenant hereby agrees that Landlord shall have not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the rightgoods, but not wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the obligationPremises, the Building, or the Common Area, nor shall Landlord be liable for injury to provide Tenant with written notice thereof the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portion of the Building, or from other sources or places and to assume regardless of whether the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt cause of such noticedamage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Building or the Parcel.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant Xxxxxx creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon LandlordXxxxxxxx’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Upon Xxxxxx’s written request, Landlord shall cooperate with Tenant to determine the manufacturer’s recommended maintenance procedures with respect to equipment for which Tenant is responsible under this paragraph. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant Xxxxxx is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall promptly make all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with the Premises. Landlord shall not be required to make any repair, replace and whether foreseen or unforeseen, or to maintain in good condition all portions any of the PremisesPremises in any way. Any repair or replacement shall be performed at the Tenant’s expense by contractors approved by Landlord, includingor at Landlord’s option, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising wallsby Landlord. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Lease Term. Should Tenant fail Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to make any maintenance service contracts entered into by Tenant. The scope of services and contractors under such repair or replacement or fail to maintain the Premises, Landlord maintenance contracts shall give Tenant notice of such failurebe reasonably approved by Landlord. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 ten (10) days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 the Restoration and 18Condemnation Paragraphs, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project Premises that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything If any present or future improvements to the contrary Premises are made or authorized to be made by Tenant, its agents or employees, and such improvements shall encroach upon any property or street adjacent to the Premises, or shall violate any agreement or condition contained in this Leaseany restrictive covenant affecting or applicable to the Premises, as or shall impair the rights of the Rent Commencement Date, the maintenance and repair obligations for others under any easement or right-of-way to which the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant are subject, then upon request of Landlord, Tenant, at Tenant’s sole its cost and expense. The Tenant Maintenance Obligations , shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory take such action as shall be necessary to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligationsremove such encroachments or end such violation or impairment. Notwithstanding anything the foregoing, Tenant shall not be required to the contrary contained herein, the scope of work of remove any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations encroachments if Tenant does not cure Tenant’s failure within 10 days after receipt of has or obtains such noticeeasements, licenses or similar rights as may be necessary to permit such encroachments to remain.

Tenant’s Repairs. Subject to Landlord's obligations in Section 13 hereof10, and subject to Sections 9 and 15, Tenant, at its expense, shall maintain, repair, and replace and maintain in good condition working order all portions of areas, improvements and systems exclusively serving the Premises, including, without limitation, entriesPremises including floor slab, doors, ceilingsand Tenant HVAC and related components. “Tenant HVAC” means HVAC systems installed by Tenant, interior windows, interior wallsspecialty HVAC equipment (including IT room HVAC), and warehouse air conditioning systems (other than the interior side of demising wallsWarehouse Systems) including temperature-controlled product systems. Such In addition, Tenant, at Tenant’s expense, shall repair and replacement may include capital expenditures replace in good working order the dock doors, dock levelers, and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain dock bumpers serving the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure perform any Tenant maintenance, repair, or replacement required under this Lease within 10 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionfrom demand, Landlord may perform such work and Tenant shall be reimbursed by Tenant reimburse Landlord for such costs within 10 30 days after demand therefor; providedalong with a 5% administrative fee. 12. Tenant-Made Alterations and Trade Fixtures. Tenant must obtain Landlord’s written consent for any alterations or improvements made to the Premises or Project by, howeveror on behalf of, Tenant ("Tenant-Made Alterations"). Tenant shall be responsible to ensure that if such failure all Tenant-Made Alterations comply with Legal Requirements and are constructed in a good and workmanlike manner by reputable contractors. Tenant creates shall provide Landlord with the names of all contractors performing work or could create an emergencysupplying materials prior to beginning construction, and Landlord may immediately commence cure post notices of such failure non-responsibility at the Premises. Tenant shall cause its contractor completing Tenant-Made Alterations to provide certificates of insurance for worker's compensation, including a waiver of subrogation in favor of Landlord Parties, and shall thereafter be entitled commercial general liability in an amount equal to recover the costs $2,000,000, including a provision of such cure from additional insured status for Landlord Parties. Upon completion of any Tenant. Subject to Sections 17 and 18-Made Alterations, Tenant shall bear deliver to Landlord final lien waivers from all contractors and subcontractors which provided services for the full uninsured cost of any repair or replacement to any part Tenant-Made Alterations. Upon surrender of the Project that results from damage caused by Premises, Tenant or any Tenant Party shall remove all Tenant-Made Alterations and any improvements constructed by Tenant, unless Landlord notifies Tenant that they shall remain as Landlord's property. Tenant shall repair that benefits only the Premisesany damage resulting from such removal. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Upon Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s 's written request, for Landlord shall provide Tenant a list of Tenant-Made Alterations Landlord will shall allow to remain upon the Expiration Date. Without Landlord’s approval, Tenant may erect shelves, racking, machinery and with contractors reasonably acceptable to Landlord specializing and experienced trade fixtures in the respective Tenant Maintenance Obligations. Notwithstanding anything to Premises (collectively "Trade Fixtures"), provided such items: (a) do not overload the contrary contained hereinslab, (b) may be removed without damaging the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shallslab or the Premises, at a minimum, and (c) comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipmentall Legal Requirements. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.Upon

Tenant’s Repairs. Subject to Landlord’s obligations under Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, the Building Systems of the Premises along with all entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises (excluding Landlord’s maintenance and repair obligations under Section 13 above), Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 30 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything Repairs required as the result of fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18. Tenant’s obligation to maintain the Building Systems of the Premises in good condition shall include, without limitation, any and all required servicing, repairs, maintenance and replacements. In addition, Tenant shall, at its expense, implement and strictly comply with (i) any maintenance program reasonably required by Landlord including, without limitation, maintaining service contracts with vendors reasonably acceptable to Landlord, and (ii) the recommendations contained in any inspections reports obtained from time to time by Landlord and/or Tenant with respect to the contrary contained in this LeaseBuilding and Building Systems. Tenant shall, as upon written request from Landlord from time to time, provide Landlord with a written summary of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed other work undertaken by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory order to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements provisions of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeSection 14.

Tenant’s Repairs. Subject to Section 13 hereofCommencing on the Delivery Date, TenantTenant shall maintain the Premises in good condition, except for Landlord's Work, which shall be the responsibility of Landlord, and Tenant shall be responsible, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital all other repairs and replacements required to be made to the Project. If Tenant fails to maintain Premises or any portion thereof after the Delivery Date, which repairs and replacements shall be executed in accordance with applicable Legal Requirements. It is the intention of the parties that after the Delivery Date and subject to final completion of the Improvements and the Punchlist items remaining in Landlord’s Work, Tenant shall perform or cause to be performed all maintenance, repair and other work with respect to the Premises required hereunder and Landlord shall have no obligation with respect thereto. Landlord agrees to cooperate with and support Tenant in enforcing any warranty available under or in relation to the Design-Build Agreement at no cost to Landlord. After the Delivery Date, except to the extent of any Punchlist items remaining in Landlord's Work, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the Premises, including, without limitation, the entire interior and exterior of the Building, the roof, the foundations, sidewalks, parking areas, water, sewer, gas and electricity connections, pipes, mains and all other fixtures, machinery, apparatus, equipment and appurtenances which as of the Delivery Date or thereafter belong to, are connected with or are used in conjunction with the Premises. All such repairs and replacements to be performed by Tenant or its contractors shall be procured in accordance with Tenant's policies and procedures and of a quality consistent with those completed in Landlord’s Work and sufficient for the proper maintenance and operation of the Premises, and in accordance with the Legal Requirements (as defined in Section 21.1). After the Delivery Date, excluding clean-up, removal and disposal obligations constituting Landlord's Work, Tenant shall keep and maintain the Premises, including the Building and all sidewalks, parking areas and areas adjacent thereto, safe and clean, specifically including, but not by way of limitation, landscaping and removal of waste, debris and refuse matter.‌ From and after the Delivery Date, Tenant, at its own cost and expense, shall promptly comply with any and all Legal Requirements now or hereafter affecting and applicable to the Premises or any part thereof. Landlord shall not be required to furnish or cause to be furnished any services or facilities whatsoever to the Premises, except for Landlord’s Work. Tenant shall, at no cost to Landlord, furnish or cause to be furnished services for operation, repair, alteration, improvement, replacement, maintenance and management of the Premises after the Delivery Date which are not required for which Tenant is responsible as part of the Tenant Maintenance Obligations Landlord’s Work to be Substantially Complete and are not Punchlist items remaining in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeLandlord's Work.

Tenant’s Repairs. Subject to Save and except for the one-year guaranty against defective materials and workmanship or other guaranties provided for in Section 13 2.4 hereof, and the completion of incomplete items provided for in Section 2.5 hereof, Tenant, at its sole cost and expense, throughout the term of this Lease, shall take good care of the Demised Premises (including any improvements hereafter erected or installed on the Land), and shall keep the same in good order, condition and repair, replace and maintain in good condition irrespective of such guaranty shall make and perform all portions of the Premises, including, without limitation, entries, doors, ceilingsroutine maintenance thereof and all necessary repairs thereto, interior windowsand exterior, interior wallsstructural and nonstructural, ordinary and the interior side extraordinary, foreseen and unforeseen, of demising wallsevery nature, kind and description. Such repair When used in this Article VIII, "repairs" shall include all necessary replacements, renewals, alterations, additions and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand thereforbetterments; provided, however, that if (a) Tenant properly, regularly, and continuously maintains the roof, Building, foundation, and load-bearing walls in good condition, (b) the roof structure or the structural elements of the foundation, exterior walls, or load-bearing walls (each a "Structural Item") fail, or otherwise require replacement, and (c) such failure or need is not due to Tenant's use, Tenant's alterations, or casualty, then Landlord agrees to replace the Structural Item as necessary. The costs, fees and expenses of any such replacement (each a "Replacement Cost") shall be amortized on a straight-line basis over the useful life of the replaced item, as reasonably determined by Tenant creates or could create an emergencyLandlord, Landlord may immediately commence cure using applicable guidelines provided by GAAP, taking into account interest at the rate of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant8% per annum. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part pay Landlord equal monthly payments of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only monthly amortized amount of the Premises. Notwithstanding anything to the contrary contained Replacement Cost, with interest as provided in this Section, beginning 30 days after Landlord's invoice and continuing on the first day of each calendar month thereafter throughout the Term of the Lease, as it may be extended. All repairs made by Tenant shall be at least equal in quality to the original work and shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of the Rent Commencement Date, the maintenance and repair obligations for the Premises repairs shall be allocated between Landlord measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated shall in any event make all repairs necessary to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything avoid any structural damage or other damage or injury to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeImprovements.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises and all building systems located therein, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all portions of times during the PremisesLease Term, includingwhich repair obligations shall include, without limitation, entriesthe obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances. Landlord reserves the right, doorsfollowing written notice to Tenant, ceilingsto perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, interior windows, interior walls, all at Tenant’s expense. All work shall be performed in accordance with the rules and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failureprocedures described in Article 8. If Tenant fails to commence cure make any repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of such failure within 10 days of the Building), Landlord may, in addition to any other remedy available to Landlord’s notice, make the repairs, and thereafter diligently prosecute such cure Tenant shall pay the reasonable cost of the repairs to completionLandlord, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord may perform such work if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and shall be reimbursed allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by Tenant within 10 days after demand thereforor associated with moisture or the growth of or occurrence of mold or mildew on the Premises; provided, however, that if such failure by Tenant creates or could create an emergencyLandlord, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any as part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the its maintenance and repair obligations under Section 7.2 below, shall be responsible for the removal of any mold or mildew in the Premises and the repair of any damage caused thereby; provided further, however, that if any such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall be allocated between pay to Landlord as additional rent, the reasonable cost of such maintenance and Tenant as set forth on Exhibit H attached heretorepairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed In addition, execution of this Lease constitutes acknowledgment by Tenant at Tenant’s sole cost that control of moisture and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory mold prevention are integral to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeits Lease obligations.

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such repair or replacement multiplied by the cost of such capital expenditure or fail to maintain the Premises, repair. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord, in which case the costs of such failurecontracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. Tenant shall not utilize the rail service to the Building. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repair, replace and maintain in good condition all portions of keep the Premises, includingincluding all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, entriesthe obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, doorsthat, ceilingsat Landlord’s option, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If if Tenant fails to commence cure make such repairs within ten (10) days after written notice, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of such failure within 10 days of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s noticeinvolvement with such repairs and replacements forthwith upon being billed for same. Tenant agrees to promptly notify Landlord or its representative of any accidents or defects in the Building of which Tenant becomes aware, including defects in pipes, electrical wiring and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from TenantHVAC equipment. Subject to Sections 17 and 18In addition, Tenant shall bear the full uninsured cost provide Landlord with prompt notification of any repair matter or replacement condition which may cause injury or damage to any part of the Project that results from damage caused by Tenant Building or any person or property therein. Tenant Party and any repair that benefits only shall maintain during the Premises. Notwithstanding anything to the contrary contained in this LeaseLease Term, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include , the procurement and maintenance of contracts, Supplemental HVAC (as defined in form and substance reasonably satisfactory Exhibit B) to Landlord, with copies to be installed by Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything pursuant to the contrary contained herein, the scope terms of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at Exhibit B on a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part roof of the Building to be designated by Landlord (“Roof Space”). The location and size of Tenant’s Supplemental HVAC shall be approved by Landlord pursuant to the terms of Exhibit B. Upon Tenant Maintenance Obligations in giving Landlord at least two (2) business days notice, Tenant and its contractors shall have the right to access the roof to perform such maintenance, and a manner reasonably acceptable to Landlord within the requirements representative of this Lease, Landlord shall have the rightright to accompany such persons and be present during such maintenance activities. Tenant shall indemnify, but not defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Landlord may suffer or incur arising out of or related to the obligationoperation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure maintenance and/or replacement of Tenant’s failure within 10 days after receipt of such noticeSupplemental HVAC or any portion thereof.

Tenant’s Repairs. Subject to Section 13 and Section 18 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair , and replacement may include capital expenditures the building systems serving the Premises, including HVAC, plumbing, fire sprinklers, elevators and repairs whose benefit may extend beyond all other building systems serving the TermPremises and other portions of the Project (“Building Systems”). Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days after Tenant’s receipt of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, contracts for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance ObligationsLandlord. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and 743522686.11 Net Laboratory 10102 Xxxx Xxxx/Arrowhead - Page 14 replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the those Tenant Maintenance Obligations that are consistent with duties performed by Landlord or affiliates of Landlord at other landlord-managed single-tenant projects in the San Diego area, if Tenant does not cure Tenant’s failure within 10 30 days after receipt of such notice. Landlord shall identify the Tenant Maintenance Obligations to be assumed by Landlord in such notice. Notwithstanding anything to the contrary contained herein, if at any time during the Term Landlord assumes such Tenant Maintenance Obligations pursuant to the immediately preceding sentence, the administration rent (or, if applicable, the costs of Landlord’s third party manager) shall be increased to 3% of Base Rent. Tenant shall cause any vendors and other service providers providing regular service at the Project (including, service providers hired by Tenant to perform services with respect to the Building Systems or to perform janitorial services with respect to the Premises) hired by Tenant to perform services at the Premises or the Project to maintain in effect workers’ compensation insurance as required by Legal Requirements and reasonable commercial general liability insurance with coverage amounts reasonably acceptable to Landlord. Tenant shall cause such vendors and service providers to name Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies and shall provide Landlord with certificates of insurance evidencing the required coverages (and showing Landlord and Alexandria Real Estate Equities, Inc. as additional insureds under such policies) prior to the applicable vendor or service provider providing any services to Tenant at the Project.

Tenant’s Repairs. At Tenant's expense as provided in Xxxxxxxxx 0, Xxxxxxxx shall maintain in good repair and condition the roof membrane, parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord's obligation in Paragraph 11, and subject to Paragraphs 10 and 16, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of areas, improvements and systems exclusively serving the Premises, Premises including, without limitation, dock and loading areas, dock doors, dock equipment, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, interior windows, the heating, ventilation, and air conditioning units serving the Premises (the “HVAC”), and interior walls, and the interior side of demising walls. Such which repair and replacement may obligations include capital expenditures and repairs or capital replacements whose benefit may extend beyond the TermExpiration Date. Should The HVAC systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant fail in accordance with Exhibit E to make any this Lease. The scope of services and contractors under such repair or replacement or fail to maintain the Premises, Landlord maintenance contracts shall give Tenant notice of such failurebe reasonably approved by Landlord. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticeperform any maintenance, and thereafter diligently prosecute such cure to completionrepair, or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 15 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenantwritten demand. Subject to Sections 17 Paragraphs 10 and 1816, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party and any repair that benefits only invitees, or Tenant’s failure to maintain the PremisesPremises in accordance with this Lease. Notwithstanding anything contained herein to the contrary contained in this Leasecontrary, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises Landlord shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything warrant any repairs or replacements to the contrary contained hereinheating, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, ventilation and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs air conditioning systems and replacements required to be made to the Project. If Tenant fails to maintain any portion of equipment related thereto servicing the Premises for which a period of 6 months from the Commencement Date; provided, however, that such warranty shall not be effective for any repairs or replacements necessitated due to the misuse of, lack of maintenance by, or damages caused by, Tenant, its employees, contractors, agents, subtenants, or invitees. Notwithstanding the foregoing, Tenant is shall continue to be responsible as part of for the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt maintenance of such noticeheating, ventilation and air conditioning systems and equipment related thereto during such 6 -month period and thereafter during the Lease Term.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, roofing and roof membrane truck doors, doors and all door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doors, ceilings, interior windows, interior wallsventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and the interior side Tenant shall provide Landlord with a copy of demising walls. Such repair such contract and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termall periodic service reports. Should Tenant fail to commence to make repairs required of Tenant hereunder forthwith upon thirty (30) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail to maintain alternative remedies, may make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as additional rent the full uninsured cost of any such maintenance or repairs within Thirty (30) days written demand by Landlord. Landlord shall have no maintenance or repair or replacement obligations whatsoever with respect to any part the Premises except as expressly provided in Paragraphs 10.A and 11. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only all rights to make repairs at the Premisesexpense of Landlord as provided in Section 1942 of said Civil Code. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises There shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord by reason of inconvenience, annoyance or injury to make business arising from the making of, or the failure to make, any structural and/or capital repairs repairs, alterations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part or the Building or Common Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant Maintenance Obligations in a manner reasonably acceptable or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to Landlord within have arisen from any of the requirements of this Lease, foregoing matters. Tenant hereby agrees that Landlord shall have not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the rightgoods, but not wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the obligationPremises, the Building, or the Common Area, nor shall Landlord be liable for injury to provide Tenant with written notice thereof the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam , electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires., appliances, plumbing, air conditioning or lighting fixtures, or from any other cause other than the negligence or willful misconduct of Landlord or a breach of Landlord's obligations hereunder, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and to assume regardless of whether the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt cause of such noticedamage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Building or the Parcel.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the Premises, replace including all improvements, fixtures and maintain furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, together with all portions of the PremisesHVAC, includingelectrical, without limitationmechanical plumbing, entrieslife safety and lab systems from the point that such systems solely serves the Premises and all portions of all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), doorsin a first-class condition. Tenant’s obligations shall include restorations, ceilingsreplacements or renewals, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include including capital expenditures and repairs whose benefit may extend for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in first-class order, condition and repair and in compliance with all applicable laws. Should Tenant fail Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to make any such repair or replacement or fail to maintain the Premises, the improvements located therein or the equipment therein, or the Premises Systems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its sole discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall give be with reputable contractors, satisfactory to Landlord in its sole discretion, who shall have not less than ten (10) years of experience in maintaining such systems in biotechnical facilities. Tenant notice shall be solely responsible for the cost of such failureall improvements or alterations to the Premises or the Premises Systems required by law. If Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to commence cure make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of such failure within 10 days of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s notice, and thereafter diligently prosecute involvement with such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises forthwith upon being billed for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticesame.

Tenant’s Repairs. Subject Except for the one-year guaranty against defective materials and workmanship provided for in Section 2.4, and the completion of incomplete items provided for in Section 2.5, and subject to Section 13 hereofand Section 14, TenantTenant agrees, at its expensesole cost, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, all parts thereof, all loading docks contiguous thereto and all Tenant's signs in good order, condition and repair, ordinary wear and tear excepted, including keeping the inside of all glass in doors and windows of the Premises clean, promptly replacing any broken door or door closers and any cracked or broken glass with glass of like kind and quality. Tenant, at its sole cost, shall also: keep any garbage removed on a regular basis and temporarily stored in the Premises or in exterior dumpsters approved by Landlord; maintain, repair, and replace the mechanical systems (including HVAC) and all utility lines serving the Premises, including those beneath the slab and within the exterior or demising walls; keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the Premises; and maintain a contract with a licensed and bonded mechanical contractor reasonably acceptable to Landlord for the repair and maintenance of the heating, ventilating and air conditioning equipment serving the Premises in accordance with the recommendations of manufacturers and suppliers. When used in this Section 8, the term, "repair" shall give include making all necessary replacements, renewals, alterations and additions. All repairs shall be at least equal in quality to the original work and shall be made by Tenant notice of such failurein accordance with all applicable laws, ordinances and regulations. If Tenant fails to commence cure perform any of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionits obligations under this Section 8.1, Landlord may may, in addition to exercising any other remedies provided herein, perform such work and repairs or maintenance. Any sums expended by Landlord in performing such repairs or maintenance shall be reimbursed due and payable, together with interest thereon at the Agreed Rate from the date of expenditure by Tenant Landlord to file date of repayment by Tenant, within 10 days after demand therefor; providedTenant's receipt of Landlord's written request for reimbursement, however, that if such failure which request shall be accompanied by Tenant creates or could create an emergency, Landlord may immediately commence cure reasonable evidence of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticecosts.

Tenant’s Repairs. (A) Subject to Section 13 the terms of this Article 8 and to Article 15 hereof and Article 16 hereof, Tenant, at its Tenant’s expense, shall repair, replace and maintain in take good condition all portions care of the Premises, Premises (including, without limitation, entries, doors, ceilings, interior windows, interior walls, (i) the fixtures and equipment that are installed in the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond Premises on the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, (ii) the maintenance Alterations, and repair obligations for (iii) the systems within the Premises that distribute within the Premises electricity, HVAC or water). Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything make all repairs to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant Premises as and when needed to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of preserve the Premises in good condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible pursuant to the provisions of Article 15 hereof. Nothing contained in this Section 8.2(A) shall require Tenant to perform any repairs to the Premises that are Landlord’s obligation to perform under Section 8.1 hereof. All repairs made by Tenant as part contemplated by this Section 8.2(A) shall be in conformity with the standards that are customary for first-class office buildings in the vicinity of the Building. Tenant Maintenance Obligations shall perform such repairs in accordance with the terms of Article 7 hereof. (B) Subject to the terms of this Section 8.2(B), if (a) Landlord gives Tenant a manner notice that Tenant has failed to perform a repair that this Section 8.2 obligates Tenant to perform, and (b) Tenant fails to proceed with reasonable diligence to make such repair within twenty (20) days after the date that Landlord gives such notice to Tenant (or such shorter period that Landlord designates in such notice to the extent reasonably acceptable required under the circumstances to alleviate an imminent threat to persons or property), then (i) Landlord may make such repair, and (ii) Tenant shall pay to Landlord, as additional rent, the reasonable Out-of-Pocket Expenses thereof, with interest thereon at the Applicable Rate calculated from the date that Landlord incurs such expenses, within thirty (30) days after Landlord gives Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. If (x) a particular repair that this Section 8.2 obligates Tenant to perform cannot be performed with reasonable diligence during the aforesaid period of twenty (20) days (or during such shorter period that Landlord designates, as the case may be), and (y) Tenant commences such repair during such period of twenty (20) days (or such shorter period that Landlord designates), then Landlord shall not have the right to perform such repair on Tenant’s behalf as otherwise described in this Section 8.2(B) unless Tenant fails to pursue such repair with reasonable continuity and diligence. Nothing contained in this Section 8.2(B) limits the remedies that are available to Landlord within after the requirements occurrence of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt an Event of such noticeDefault.

Tenant’s Repairs. Subject Except to the extent the same is expressly a Landlord obligation pursuant to Section 13 hereof13, Tenant, at its sole expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, reasonable wear and tear, casualty (subject to the provisions of Section 17), condemnation, and damages caused by Landlord, or by any of Landlord’s agents, servants, employees, invitees and contractors (collectively, “Landlord Parties”) excluded. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term; provided that if Tenant is able to keep the Premises in good condition, repair and working order (reasonable wear and tear, casualty (subject to the provisions of Section 17), condemnation, and damages caused by Landlord or Landlord Parties excepted) without capital repairs or replacements during the last 3 years of the Term, then Tenant shall not be obligated to make capital repairs or replacements during such time. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 20 days of Landlord’s notice, and thereafter diligently prosecute such cure to completioncompletion within a reasonable period, Landlord may perform such work and shall be reimbursed by Tenant for the reasonable out of pocket costs of such cure within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergencyemergency is imminent, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the reasonable out of pocket costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject Except as expressly provided in Subparagraph A above and subject to Section 13 hereofParagraphs 15 and 16 below, Tenant shall, at its sole cost, keep and maintain the entire Premises and every part thereof in the same condition as delivered to Tenant by Landlord, ordinary wear and tear excepted, including without limitation the exterior walls, roof, specialized or supplemental shell and core improvements, specialized roof reinforcement improvements, roof membrane, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, parking areas, exterior landscaping, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all Tenant Improvements installed by Tenant and alterations, additions and improvements to the Premises and Tenant Improvements, and all fixtures and appurtenances therein and thereto. Landlord hereby assigns to Tenant for the Term of this Lease all of its rights and interests under all manufacturer and installation warranties covering the heating, ventilation and air conditioning ("HVAC") equipment or other fixtures or personal property within the Premises and agrees to reasonably cooperate, at no cost to Landlord, with Tenant in enforcing such warranties. Should Tenant fail to commence making repairs required of Tenant hereunder forthwith upon thirty (30) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as additional rent for the cost of such maintenance or repairs within thirty (30) days of written demand by Landlord. In the event that Tenant is required to effect repairs or replacements to any portion of the Premises or Tenant Improvements (or to any alterations, additions or improvements to any of portion of the Premises or Tenant improvements) or to any portion of the Expansion Project, then, to the extent Tenant is permitted or required under this Lease to make such repairs or replacements, the same shall be made at Tenant's sole cost and expense. Landlord shall have no maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Paragraphs 11.A. Anything herein to the contrary notwithstanding, the parties hereto acknowledge and agree that Landlord shall not be responsible or liable for the maintenance or repair of any portion of the Expansion Project; it being understood and agreed that Tenant, at its sole cost and expense, shall repair, replace maintain the Expansion Project and maintain in good condition all portions of thereof in safe condition during the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Lease Term. Should Tenant fail to make maintain the Expansion Project or any such repair or replacement portion thereof or fail to maintain commence making repairs required of Tenant hereunder forthwith upon thirty (30) days notice from Landlord or should Tenant fail thereafter to diligently complete the Premisesrepairs, Landlord shall give Tenant notice of such failure. If Tenant fails Landlord, in addition to commence cure of such failure within 10 days of Landlord’s noticeall other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as additional rent for the full uninsured cost of any repair such maintenance or replacement to any part repairs within thirty (30) days of written demand by Landlord. Tenant hereby expressly waives the provisions of Subsection I of Section 1932 and Sections 1941 and 1942 of the Project that results from damage caused by Tenant or any Tenant Party Civil Code of California and any repair that benefits only all rights to make repairs at the Premisesexpense of Landlord as provided in Section 1942 of said Civil Code. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises There shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord by reason of inconvenience, annoyance or injury to make business arising from the making of any structural and/or capital repairs repairs, alterations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Total Project, the Premises, the Buildings, the Tenant is responsible as part Improvements or the Land (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant Maintenance Obligations or any other tenant or occupant of the Land. Landlord shall use reasonable efforts to minimize the disruption to Tenant's business resulting from such activities by Landlord or its Agents. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in a manner reasonably acceptable or about the Total Project or any portion thereof, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from any other cause, whether the said damage or injury results from conditions arising upon the Total Project or upon any portion thereof, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord within shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the requirements Total Project, or any portion thereof However, the provisions of this Lease, paragraph shall not apply in the event of the negligence or willful misconduct of Landlord shall have the rightor its Agents, but not the obligationin no event shall Landlord be liable for consequential damages, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt including without limitation, lost profits or loss of such noticebusiness.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all interior portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and and 732202571.1 to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph ---------------- 10.A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doors, ceilings, interior windows, interior wallsventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof, and the interior side Tenant shall provide Landlord with a copy of demising walls. Such repair such contract and replacement may include capital expenditures and repairs whose benefit may extend beyond the Termall periodic service reports. Should Tenant fail to commence to make repairs required of Tenant hereunder forthwith upon fifteen (15) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any such repair or replacement or fail alternative remedies, upon written notice to maintain Tenant may make the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticesame, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, in that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18event, Tenant shall bear reimburse Landlord as Additional Rent for the full uninsured cost of any such maintenance or repairs within five (5) days of written demand by Landlord. Landlord shall have no maintenance or repair or replacement obligations whatsoever with respect to any part the Premises except as expressly provided in Subparagraph 10.A and Paragraph 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Project that results from damage Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. Unless caused by Tenant Landlord's active negligence or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Leasewillful misconduct, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises there shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated no allowance to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost for diminution of rental value, and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation liability on the part of Tenant Landlord, by reason of inconvenience, annoyance or injury to make business arising from the making of, or the failure to make, any structural and/or capital repairs repairs, alterations, decorations, additions or improvements in or to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part or the Building or Common Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within or any other tenant or occupant of the requirements of this LeaseParcel. Unless caused by Landlord's active negligence or willful misconduct, Tenant hereby agrees that Landlord shall have not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the rightgoods, but not wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the obligationPremises, the Building, or the Common Area, nor shall Landlord be liable for injury to provide Tenant with written notice thereof the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and to assume regardless of whether the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt cause of such noticedamage or injury or the means of repairing the same is inaccessible to Tenant. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the Buildings or the Parcel.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant for the actual costs incurred by Landlord with respect thereto within 10 30 days after demand thereforTenant’s receipt of a reasonably detailed invoice; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from TenantTenant within 30 days after written demand therefor. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replacements performed or constructed by Landlord in accordance with the other provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all interior portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises as required under this Section 14, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s written notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after following written demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 14 from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject Pursuant to Section 13 hereof4.02, TenantTenant shall keep the Project and its Common Areas in good, clean and habitable condition and shall at its expensesole cost and expense keep the Premises free of insects, shall repairrodents, replace vermin and maintain in good condition other pests and make all portions needed repairs and replacements, including replacement of cracked or broken glass (but not any replacements which constitute a capital improvement). Notwithstanding the foregoing, it is understood that Tenant’s responsibilities herein include, but are not limited to, the repair and maintenance of the foundation, exterior/interior walls, plate glass windows, doors and other exterior openings, windows and door frames, molding, locks and hardware, plumbing and any other pipes, wiring and structural components, equipment and nonstructural items located in, under and above the Premises, includingincluding paint, without limitationceiling tiles, entrieswall and floor coverings, glass, doors, ceilings, interior windows, interior wallslighting (bulbs, ballasts and fixtures), heating, air conditioning, plumbing, sprinklers and other electrical, mechanical and electromotive installation, fixtures, all utility repairs to ducts, conduits, and any sewer stoppage located in, under and above the interior side Project, structure and roof of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand thereforProject; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the ’s foregoing maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of be construed to require Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for replacements which would constitute capital improvements. If any repairs and replacements required to be made by Tenant hereunder are not commenced within ten (10) business days after written notice delivered to the ProjectTenant by Landlord, Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable shall pay to Landlord within upon demand, as additional rent, the requirements cost of such repairs plus fifteen percent (15%). At the expiration of this Lease, all HVAC, plumbing, electrical and mechanical equipment and fixtures shall remain in the Project and become the property of Landlord (unless Landlord requests the items removal) and Tenant shall have surrender the rightPremises in good condition, but not the obligation, to provide Tenant with written notice thereof excepting reasonable wear and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticetear.

Tenant’s Repairs. Subject to Section 13 Sections 13, 18 and 19 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (reasonable wear and tear and damage by fire or other casualty excepted) all non-structural portions of the interior of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond walls and, pursuant to the Termterms of the immediately following paragraph, the Building Systems. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 15 business days after demand therefor; provided, however, that if such failure by Tenant Xxxxxx creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, Tenant shall be responsible for the maintenance and repair obligations for of the Premises shall be allocated between Landlord Building Systems serving the Building (“Building System Maintenance”), at Tenant’s cost and Tenant expense, as more specifically set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Building System Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Building System Maintenance Obligationsobligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance ObligationsBuilding System Maintenance. The Building System Maintenance for which Tenant Maintenance Obligations is responsible shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs repairs, replacements or improvements to the ProjectBuilding Systems, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the ProjectBuilding Systems. If Notwithstanding anything to the contrary contained herein, if Tenant fails to maintain any portion of perform the Premises for which Tenant is responsible as part of the Tenant Building System Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations Building System Maintenance, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 10 30 days after receipt of such notice.; provided that if the nature of cure is such that it requires more than 30 days to complete, then Landlord shall not assume the Building System Maintenance so long as Tenant continues to diligently pursue such cure to completion. Net Laboratory Lease 00 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 13

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (subject to normal wear and tear, casualty and condemnation) all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 30 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant for the actual costs incurred by Landlord with respect thereto within 10 30 days after demand thereforTenant’s receipt of a reasonably detailed invoice; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from TenantTenant within 30 days after written demand therefor. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party Party. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during the performance of repair and maintenance of the Premises pursuant to this Section 14. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to perform or construct any repair that benefits only capital repairs or replacements, but Tenant shall be required to pay for capital repairs and replacements performed or constructed by Landlord in accordance with the Premisesother provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H G (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall shall, during any period that Tenant is responsible for the Tenant Maintenance Obligations, continue, as part of Operating Expenses, to be responsible, as provided in Section 13the immediately preceding paragraph, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises (“Building Systems”). Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Tenant shall, at its expense, procure and maintain contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord, for, and with contractors specializing and experienced in the maintenance and repair of the Building Systems and all other parts of the Premises that Tenant is responsible for under this Lease. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesPremises or maintain any contracts, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and maintain any such contracts and shall be reimbursed by Tenant within 10 business days after demand therefor; provided, however, that if such failure by Tenant creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed that results from damage caused by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform or any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeParty.

Tenant’s Repairs. Subject The Tenant covenants with the Landlord to Section 13 hereof, Tenant, at its expense, shall repair, replace maintain and maintain keep at the Tenant’s own costs, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements in good condition all portions and substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant’s use of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, Leased Premises while using them in a manner consistent with this Lease. The Landlord may enter the Leased Premises at all reasonable times and view the condition thereof and the interior side of demising wallsTenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good and substantial repair according to notice in writing, reasonable wear and tear excepted. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond If the Term. Should Tenant shall fail to make any such repair or replacement or fail as aforesaid after reasonable notice to maintain do so, the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work effect the repairs and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear pay the full uninsured reasonable cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything thereof to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expensedemand. The Tenant Maintenance Obligations shall include covenants with the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in that the respective Tenant Maintenance Obligations. Notwithstanding anything to will at the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance expiration of the applicable equipmentTerm or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear excepted. Landlord shallAbove standard office fixtures such as supplemental air conditioning, notwithstanding anything to dishwashers, garbage disposals, kitchen water heaters, are the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part sole responsibility of Tenant to make any structural and/or capital repairs or improvements to the Project, maintain and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticereplace.

Tenant’s Repairs. Subject to Section 13 hereof13, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Notwithstanding anything to the contrary contained in the preceding sentence, Tenant shall not be required to make any structural repairs or replacements within the Premises unless such repairs or replacements are required as a result of the Tenant Improvements, Alterations, Tenant’s particular use of the Premises or Tenant’s negligence or willful misconduct. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Landlord, at Tenant’s expense as provided in Paragraph 6, shall maintain in good repair and condition the roof membrane, interior load-bearing walls, underground and subsurface utility piping, parking areas and other common areas of the Building and the Project, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord’s obligation in Paragraphs 2 and 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term, and such capital expenditures and repairs shall be amortized in accordance with the Formula (defined hereafter) over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail to make The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after the replacement of any such repair or replacement or fail to maintain capital expenditures, and the Premises, denominator of which shall be the maximum amortization period (in months) allowable for determining depreciation of such capital expenditures under generally accepted accounting principles. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such failurereimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, if not done by Tenant, by Landlord. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence perform any repair or replacement for which it is responsible within applicable notice and cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperiods, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything Landlord agrees to the contrary contained in this Leaseenforce all contractor’s or subcontractor’s guarantees or warranties, as of the Rent Commencement Dateif any, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated which relate to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of any construction work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for concerning which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, obligation to provide Tenant with written notice thereof and make repairs to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticebenefit.

Tenant’s Repairs. Landlord, at Tenant's expense as provided in Paragraph 6, shall maintain in good repair and condition the parking areas and other common areas of the Building, including, but not limited to driveways, alleys, landscape and grounds surrounding the Premises. Subject to Section 13 hereofLandlord's obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term, provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The "Formula" shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such repair or replacement multiplied by the cost of such capital expenditure or fail repair. Landlord shall pay for such capital expenditures and repairs and Tenant shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to maintain Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord's election, by Landlord, in which case the costs of such contracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. At Landlord's request, Tenant shall enter into a joint maintenance agreement with any railroad that services the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperform any repair or replacement for which it is responsible, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s repair obligations in Sections 7.2 and 11.1 below, TenantTenant shall, at its Tenant’s own expense, shall repairkeep the non-structural, replace and maintain in good condition all interior portions of the Premises, including all improvements, fixtures and furnishings, in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure and the Building Systems, except pursuant to the BS/BS Exception (as all such terms are defined in Section 7.2, below)). In addition, except as provided as part of Landlord’s repair obligation set forth above or elsewhere in this Lease, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, entriesArticle 8 hereof, doorspromptly and adequately repair all damage to the Premises and replace or repair all damaged, ceilingsbroken, interior windowsor worn fixtures and appurtenances, interior walls, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant (but such obligation shall not extend to the Building Structure and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond Building Systems, except pursuant to the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the PremisesBS/BS Exception); provided however, Landlord shall give Tenant notice of such failure. If that, at Landlord’s option, but only if Tenant fails to commence cure of make such failure within 10 days of Landlord’s notice, repairs and thereafter diligently prosecute such cure to completionreplacements, Landlord may perform may, but need not, make such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required within thirty (30) days after notice thereof from Landlord (or such sooner period in the case of an emergency), and Tenant shall pay Landlord the cost thereof, sufficient to reimburse Landlord for all the actual costs thereof, as well as a percentage of the actual costs thereof (to be made uniformly established for the Building, but in no event to exceed five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, to the Project. If Tenant fails to maintain any portion extent not duplicative of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof Operating Expenses or Utilities Costs and to assume the Tenant Maintenance Obligations if Tenant does extent the work is not cure Tenant’s failure within 10 days after receipt performed by people whose salaries are paid out of such noticeOperating Expenses or Utilities Costs, forthwith upon being billed for same.

Tenant’s Repairs. Subject a. Tenant shall repair and pay for any damage of the building containing the Demised Premises caused by Tenant, or Tenant’s employees, agents, servants, invitees or guests, or caused by Tenant’s default hereunder. b. Tenant shall at its own cost and expense keep and maintain all parts of the Demised Premises (except those for which Landlord is expressly responsible under the terms of this Lease), including but not limited to all equipment and fixtures located therein or thereon, in good condition, promptly making all necessary repairs and replacements. c. Upon Landlord meeting its responsibilities pursuant to Section 13 hereof8, Subsection a., Tenant shall thereafter provide all service, maintenance and repair (“Service”) (except as otherwise provided below with respect to Landlord’s replacement obligations) to all garage doors, mechanical systems and equipment, heating, ventilating and air conditioning equipment, water chillers, water systems, process pipes, and corresponding equipment existing (the “Mechanical and HVAC”) servicing the Demised Premises. Tenant is required to Service the Mechanical and HVAC (including the chillers) as necessary to keep it in good repair and properly maintained. The Service work shall be performed by reputable contractors who shall be approved by Landlord which approval shall not be unreasonably withheld. A record of the Service shall be maintained by the Tenant and provided to Landlord upon Landlord’s request. Tenant shall be solely responsible for all Service labor and material costs. Notwithstanding the foregoing to the contrary, in the event the Mechanical and HVAC needs to be totally replaced (and such replacement is not the result of the negligence or misuse of Tenant, its employees, agents, customers or invitees, or the failure of Tenant to maintain the Mechanical and HVAC equipment as set forth above), then Landlord shall replace such Mechanical and HVAC equipment at its sole cost and expense. Notwithstanding the foregoing to the contrary, Landlord shall not be responsible for replacing any of the garage doors of the Demised Premises. d. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole cost and expense, promptly repair any damage or injury to any demising wall caused by Tenant or its employees, agents, servants, invitees or guests. e. Except as otherwise provided herein, before undertaking repairs to the Demised Premises (other than minor interior non-structural and emergency repairs), Tenant shall repairfirst obtain Landlord’s approval of the plans and specifications, replace and maintain Landlord’s approval shall not be unreasonably withheld. f. Tenant represents, warrants, and covenants that in good the operation of its business in the Premises that it shall comply with all applicable statutes, ordinances, rules, regulations, orders and requirements, and that said business shall be in full compliance with all applicable building and zoning codes. Tenant further warrants that it will not create any conditions on the Premises or operate its business at the Premises which would constitute a violation of any applicable federal, state or local environmental law, rule regulation or code, nor which would, under any existing federal, state or local environmental laws, rules, regulations, or codes, or require any remediation or cleanup. Notwithstanding anything to the contrary, Tenant agrees to indemnify and hold Landlord harmless for any such violations or deficiencies and shall further hold harmless and indemnify Landlord for any environmental liability arising from any condition all portions of the Premises, including, without limitationbut not limited to: i. indemnification for all costs, entriesif any, doorsincurred by Landlord in curing, ceilingscorrecting, interior windowscleaning up or otherwise eliminating any environmental contamination of the Premises; ii. indemnification for any and all liability of Landlord under the Comprehensive Environmental Response, interior wallsCompensation and Liability Act, 42 U.S.C. Section 9601 et. seq.. and/or the applicable state statute or regulation; and iii. indemnification for any and all liability, including fines and penalties, incurred under any other federal or state environmental statute. Tenant's liability under this Subsection f. shall extend to and include all costs, expenses and reasonable attorneys' fees incurred or sustained by Landlord in making any investigation on account of any such claim, demand, loss, liability, cost, charge, suit, order judgment or adjudication, in prosecuting or defending any action brought in connection therewith, in obtaining or seeking to obtain a release therefrom and in enforcing any of the agreements herein contained. Upon expiration or termination of the lease, to ensure that Tenant has complied with the provisions of this Subsection f., Tenant shall have a Phase I Environmental Inspection performed. In the event that the Phase I identifies the need for a Phase II Environmental Inspection, the Tenant shall have a Phase II Inspection performed. If the Phase I or the Phase II inspection identifies any conditions that would be in violation of this Subsection f., then Tenant shall remedy the condition as provided in this Subsection f. at its sole cost and expense and shall further comply with all requirements of this Subsection f. The Tenant shall not be responsible, nor shall a Phase II inspection be required, for any matters shown on the “Baseline Phase I” dated 05/01/2014 conducted by Midwest Environmental Consultants and provided to the Tenant by the Landlord on or near even date with the effective date of this Lease. The parties further acknowledge and agree that the tenant, during the course of its initial concrete work with respect to the Tenant Improvements, will cause to be done an additional environmental inspection involving an examination of the soil where the concrete is to be cut in connection with the Tenant Improvements, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any anything discovered during such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days inspection in violation of Landlord’s notice, representations and thereafter diligently prosecute such cure to completion, Landlord may perform such work and warranties under Section 8 of this Lease Agreement shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover remain the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part responsibility of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything Landlord to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, remedy as provided in said Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice8.

Tenant’s Repairs. Subject to Section 13 Sections 13, 18 and 19 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition (reasonable wear and tear and damage by fire or other casualty excepted) all non-structural portions of the interior of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond walls and, pursuant to the Termterms of the immediately following paragraph, the Building Systems. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant written notice of such failure. If Tenant fails to commence cure of such failure within 10 business days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 15 business days after demand therefor; provided, however, that if such failure by Tenant Txxxxx creates or could reasonably create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the actual costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the PremisesParty. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, Tenant shall be responsible for the maintenance and repair obligations for of the Premises shall be allocated between Landlord Building Systems serving the Building (“Building System Maintenance”), at Tenant’s cost and Tenant expense, as more specifically set forth on Exhibit H G attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Building System Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Building System Maintenance Obligationsobligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance ObligationsBuilding System Maintenance. The Building System Maintenance for which Tenant Maintenance Obligations is responsible shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs repairs, replacements or improvements to the ProjectBuilding Systems, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the ProjectBuilding Systems. If Notwithstanding anything to the contrary contained herein, if Tenant fails to maintain any portion of perform the Premises for which Tenant is responsible as part of the Tenant Building System Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations Building System Maintenance, as part of Operating Expenses, if Tenant does not cure Tenant’s failure within 10 30 days after receipt of such notice.; provided that if the nature of cure is such that it requires more than 30 days to complete, then Landlord shall not assume the Building System Maintenance so long as Tenant continues to diligently pursue such cure to completion. DocuSign Envelope ID: 3D9421BF-E23B-4F57-8C3D-FC854D1C296D 20 Xxxxxxxx Xxxxxx – Suite 100/Greenlight - Page 16

Tenant’s Repairs. Subject to Section 13 hereofExcept as expressly provided in Subparagraph 10.A above, TenantTenant shall, at its expensesole cost, shall repair, replace keep and maintain the entire Premises and every part thereof, including without limitation, the windows, window frames, plate glass, glazing, skylights, truck doors, doors and all door hardware, the walls and partitions, and the electrical, plumbing, lighting, heating, ventilating and air conditioning systems and equipment in good order, condition and repair. The term "repair" shall include replacements, restorations and/or renewals when necessary as well as painting. Tenant's obligation shall extend to all portions of alterations, additions and improvements to the Premises, includingand all fixtures and appurtenances therein and thereto. Tenant shall, without limitationat all times during the Lease Term, entrieshave in effect a service contract for the maintenance of the heating, doors, ceilings, interior windows, interior wallsventilating and air conditioning ("HVAC") equipment with an HVAC repair and maintenance contractor approved by Landlord. The HVAC service contract shall provide for periodic inspection and servicing at least once every three (3) months during the term hereof and any other service required to maintain any applicable warranty issued by the manufacturer of such equipment, and Tenant shall provide Landlord with a copy of such contract and all periodic service reports. Tenant shall have the interior side benefit of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond any warranty available to Landlord for the TermHVAC equipment. Should Tenant fail to make repairs required of Tenant hereunder forthwith upon five (5) days notice from Landlord or should Tenant fail thereafter to diligently complete the repairs, Landlord, in addition to all other remedies available hereunder or by law and without waiving any alternative remedies, may make the same, and in that event, Tenant shall reimburse Landlord as Additional Rent for the cost of such maintenance or repairs within five (5) days of written demand by Landlord. Landlord shall have no maintenance or repair obligations whatsoever with respect to the Premises except as expressly provided in Subparagraph 10.A and Paragraph 11 and 16. Tenant hereby expressly waives the provisions of Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Landlord as provided in Section 1942 of said Civil Code. There shall be no allowance to Tenant for diminution of rental value, and no liability on the part of Landlord, by reason of inconvenience, annoyance or replacement injury to business arising from the making of, or fail the failure to maintain make, any repairs, alterations, decorations, additions or improvements in or to any portion of the Premises or the Building or Common Area (or any of the areas used in connection with the operation thereof, or in or to any fixtures, appurtenances or equipment), or by reason of the negligence of Tenant or any other tenant or occupant of the Parcel. In no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, the Building, or the Common Area, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall give Tenant notice not be liable for any damages arising from any act or neglect of such failureany other tenant, if any, of the Building or the Parcel. If Tenant fails to commence cure of such failure within Nothing in this Paragraph 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and or elsewhere in this Lease shall be reimbursed construed as a waiver by Tenant within 10 days after demand thereforof any rights which it may have where Landlord's failure to maintain at all times those items which are the responsibility of the Landlord herein and/or Landlord's failure to assure Tenant's quiet enjoyment of the Premises results in Tenant's constructive eviction from the Premises; provided, however, that if such failure by Tenant creates or could create an emergency, in no event shall Landlord may immediately commence cure of such failure and shall thereafter be entitled liable for injury to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant 's business or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as loss of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticeincome therefrom.

Tenant’s Repairs. Subject (a) From and after the date Landlord delivers possession of the Premises to Section 13 hereof, Tenant, at its expenseand until the end of the Lease Term, shall repairand for so long thereafter as Tenant occupies any part of the Premises, replace Tenant will keep neat, and maintain in good order, condition all portions of and repair, including replacements as necessary, the Premises, and every part thereof, including, without limitationbut not limited to, entriesthe glass, windows, and doors, ceilingsthe maintenance of exterior entrances and all non-structural partitions, interior windowsfixtures, interior wallsflooring, ceiling tiles, equipment and appurtenances thereof, that serve the Premises (including, but not limited to, the lighting, electrical and plumbing fixtures, equipment and systems), and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair all signs in or replacement or fail to maintain on the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticeexcepting only damage by fire or other casualty, and thereafter diligently prosecute such cure as a consequence of the exercise of the power of eminent domain, and further excepting reasonable wear and tear; and Tenant shall surrender the Premises, and all appurtenances and equipment, at the termination of the Lease, in good condition and operating order, and shall remove all of Tenant’s signs. Further, Tenant shall be responsible for the cost of repairs, excluding normal wear and tear, damage by the elements and casualty loss, which may be necessary by reason of damage to completionthe Building by Tenant, or by Tenant’s contractors, invitees, agents, servants, employees and licensees. Tenant shall replace any glass which may be damaged or broken with glass of the same quality. (a) If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may perform demand that Tenant promptly commence the same within ten (10) days, and proceed thereafter with due diligence and if Tenant refuses or neglects to commence such work repairs and shall be reimbursed by Tenant within 10 days complete the same with reasonable diligence, after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergencydemand, Landlord may immediately commence cure of (but shall not be required to do so) make or cause such failure repairs to be made and shall thereafter not be entitled responsible to recover Tenant for any loss or damage that may accrue to Tenant’s business by reason thereof. If Landlord makes or causes such repairs to be made, Tenant agrees that Tenant will forthwith, on demand, pay to Landlord the cost thereof, plus the greater of (i) two hundred and fifty dollars ($250.00); or (ii) five per cent (5%) of the costs of such cure from Tenant. Subject to Sections 17 and 18expenses, for Landlord’s management and overhead, and if Tenant shall bear default in such payment, Landlord shall have the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations remedies provided for the Premises nonpayment of rent or other charges payable hereunder. (b) Tenant shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated maintain, or cause its contractor to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at maintain, during all periods of Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contractsconstruction so-called “Builders Risk” insurance, in form and substance reasonably satisfactory to approved by Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such notice.

Tenant’s Repairs. Subject to Section 13 hereofTenant shall, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and own expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything pursuant to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein and all heating, ventilating, air conditioning, electrical and utility systems that are located within or exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, and ordinary wear and tear; provided however, that Landlord shall have the exclusive right, exercisable at Landlord’s option, but not the obligation, upon reasonable prior notice to provide Tenant, to make such repairs and replacements in the event Tenant fails to timely do so, and Tenant shall pay to Landlord the reasonable cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with written such repairs and replacements within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor, together with reasonable back-up documentation. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon reasonable prior notice thereof to Tenant (which may be oral and which shall not be required in cases of emergency) to assume make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt hereby waives any and all rights under and benefits of such noticesubsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Tenant’s Repairs. Subject to Section 13 hereofLandlord’s obligation in Paragraph 10 and subject to Paragraphs 9 and 15, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the PremisesPremises and all areas, improvements and systems exclusively serving the Premises including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems. Such repair and replacement may replacements include capital expenditures and repairs whose benefit may extend beyond the Term; provided in all events Landlord shall complete such capital repairs and such capital expenditures shall be fully amortized in accordance with the Formula (defined hereafter) and reimbursed to Landlord over the remainder of the Lease Term, without regard to any extension or renewal option not then exercised. Should Tenant fail The “Formula” shall mean that number, the numerator of which shall be the number of months of the Lease Term remaining after such capital expenditures, and the denominator of which shall be the amortization period (in months) equal to make any the useful life of such repair or replacement multiplied by the cost of such capital expenditure or fail to maintain the Premises, repair. Landlord shall give pay for such capital expenditures and repairs and Tenant notice shall reimburse Landlord for its amortized share of same (determined as hereinabove set forth) in equal monthly installments in the same manner as the payment by Tenant to Landlord of the Operating Expenses. In the event Tenant extends the Lease Term either by way of an option or negotiated extension, such reimbursement by Tenant shall continue as provided above until such amortization period has expired. Heating, ventilation and air conditioning systems and other mechanical and building systems exclusively serving the Premises shall be maintained at Tenant’s expense pursuant to maintenance service contracts entered into by Tenant or, at Landlord’s election, by Landlord, in which case the costs of such failurecontracts entered into by Landlord shall be included as an Operating Expense. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. If Tenant fails to commence perform any repair or replacement for which it is responsible, beyond any applicable notice and cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionperiods, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 Paragraphs 9 and 1815, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Building or Project that results from damage caused by Tenant Tenant, its agents, contractors, or any Tenant Party invitees and any repair that benefits only the Premises. Notwithstanding anything contained herein to the contrary contained in this Leasecontrary, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises Landlord shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything warrant any repairs or replacements to the contrary contained hereinheating, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, ventilation and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs air conditioning systems and replacements required to be made to the Project. If Tenant fails to maintain any portion of equipment related thereto servicing the Premises for which a period of 6 months from the Commencement Date; provided, however, that such warranty shall not be effective for any repairs or replacements necessitated due to the misuse of, lack of maintenance by, or damages caused by, Tenant, its employees, contractors, agents, subtenants, or invitees. Notwithstanding the foregoing, Tenant is shall continue to be responsible as part of for the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt maintenance of such noticeheating, ventilation and air conditioning systems and equipment related thereto during such warranty period and thereafter during the Lease Term.

Tenant’s Repairs. Subject The Tenant shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, the repairs required of Landlord pursuant hereto, and maintenance or replacement necessitated as the result of the act or omission or negligence of the Landlord, its employees, agents, or contractors. Requirements of the Law: The Tenant agrees that if any federal, state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and regulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section 13 hereofa) and c) of this Article; and such federal, Tenantstate or municipal government or any other department or division thereof, at its expensehas ordered or required, or shall repairhereafter order or require, replace any alterations or repairs thereof or installations and maintain repairs as may be necessary to comply with such laws, orders or requirements (the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in good condition all portions connection therewith, the Tenant is deprived of the use of the Leased Premises, includingthe rent shall be abated or adjusted, without limitationas the case may be, entriesin proportion to that time during which, doorsand to that portion of the Leased Premises of which, ceilings, interior windows, interior wallsthe Tenant shall be deprived as a result thereof, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail Landlord shall be obligated to make any such repair repairs, alterations or replacement or fail to maintain the Premisesmodifications at Landlord's expense. All such rebuilding, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s noticealtering, installing and thereafter diligently prosecute such cure to completion, Landlord may perform such work and repairing shall be reimbursed done in accordance with Plans and Specifications approved by Tenant within 10 days after demand thereforthe Tenant, which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the Tenant's obligation to repair pursuant to Section b) of this Article 9 or with respect to Tenant's own costs and expenses, no abatement or adjustment of rent shall be granted; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter also be entitled to recover contest the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises. Notwithstanding anything to the contrary contained in this Lease, as of the Rent Commencement Date, the maintenance and repair obligations for the Premises shall be allocated between Landlord and Tenant as set forth on Exhibit H attached hereto. The maintenance obligations allocated to Tenant pursuant to Exhibit H (the “Tenant Maintenance Obligations”) shall be performed by Tenant at Tenant’s sole cost and expense. The Tenant Maintenance Obligations shall include the procurement and maintenance of contracts, in form and substance reasonably satisfactory to Landlord, with copies to Landlord upon Landlord’s written request, for and with contractors reasonably acceptable to Landlord specializing and experienced in the respective Tenant Maintenance Obligations. Notwithstanding anything to the contrary contained herein, the scope of work of any such contracts entered into by Tenant pursuant to this paragraph shall, at a minimum, comply with manufacturer’s recommended maintenance procedures for the optimal performance of the applicable equipment. Landlord shall, notwithstanding anything to the contrary contained in this Lease, have no obligation to perform any Tenant Maintenance Obligations. The Tenant Maintenance Obligations shall not include the right or obligation on the part of Tenant to make any structural and/or capital repairs or improvements to the Project, and Landlord shall continue, as part of Operating Expenses, to be responsible, as provided in Section 13, for capital repairs and replacements required to be made to the Project. If Tenant fails to maintain any portion of the Premises for which Tenant is responsible as part of the Tenant Maintenance Obligations in a manner reasonably acceptable to Landlord within the requirements of this Lease, Landlord shall have the right, but not the obligation, to provide Tenant with written notice thereof and to assume the Tenant Maintenance Obligations if Tenant does not cure Tenant’s failure within 10 days after receipt of such noticevalidity thereof.