Common use of Tenant’s Responsibilities Clause in Contracts

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during During the Lease Term, a certificate Tenant will repair and maintain the following at Tenant's expense: (i) The interior portion of maintenance the demising walls, the interior partition walls of the Premises and their wall-covering, and the entry door to the Premises. (ii) The electrical and mechanical systems not considered Building standard which have been installed by either Landlord or its equivalentTenant, signed by a licensed for the exclusive use and benefit of Tenant. The following examples are for clarification and are not all inclusive: (a) electrical services for computers or similar items, (b) projection room equipment such as dimmers, curtains, or similar items, (c) water closet plumbing, kitchen plumbing or similar items, (d) HVAC for other than comfort cooling in the Premises, (e) security systems for the Premises, (f) telephone system for the Premises; and (g) other similar systems. (iii) Except for the janitorial services, if any, set forth in Section 11.(a) of this Lease, the repair and maintenance contractor and stating that of the heating and air conditioning systems servicing floor covering of the Premises have been inspectedPremises, serviced and are in good orderincluding VAT flooring, condition and repair. ceramic tiles, marble, wood flooring, or similar coverings, shall be performed by Landlord upon Tenant's failure request, at Tenant's expense, and Tenant will be billed for same as Other Rent. At least once per year, if necessary, Landlord will clean Tenant's carpeting at Tenant's expense to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default billed to Tenant as Other Rent. Should additional cleaning be requested by Tenant, such cleaning will be available at Tenant's expense and will be billed to Tenant as Other Rent. (iv) All cabinets and millwork (regardless of ownership) so long as said cabinets and millwork are for the exclusive use and benefit of Tenant. (v) All other personal property, improvements or fixtures, except Building standard improvements and those items enumerated in Section 11.(a) hereof. If Those items to be repaired and maintained by Tenant fails to make repairs include, but are not limited to, the following: (a) ceiling tiles and ceiling grid, (b) molding or perform maintenance work required of Tenant hereunder within fifteen other woodwork and paneling, (15c) days after notice from Landlord specifying light fixtures and bulbs, (d) draperies, blinds or wall hangings, (e) glass partition walls, (f) water closets, sinks and kitchen areas, (g) doors and locksets, and (h) vaults, safes, or secured areas. For the need for such repairs or maintenance workaforesaid items, Landlord or Landlord's agents maymay elect, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance approval (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord which approval will not be liable unreasonably withheld) to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand maintain and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or repair same at Tenant's agents, employees or contractors. expense and Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderwill be billed for same as Other Rent.

Tenant’s Responsibilities. Except Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building within the exclusive control of Tenant 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 expressly the original, including but not limited to interior windows, glass and plate glass, doors, skylights, any, special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning, electrical systems and fixtures, sprinkler systems, water heaters, truck doors, and plumbing work and fixtures, all of the foregoing systems inside the Premises. Tenant as part of its obligation hereunder shall keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way. Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be secured pursuant to section 14 excepted (but not excepting any damage to glass or loss not reimbursed by insurance because of the existence of a deductible under the appropriate policy, ordinary wear and tear excepted). Tenant shall not damage any demising wall or disturb the integrity and supports provided in Paragraph 10.1 aboveby any demising wall and shall, at its sole cost and expense, properly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. Tenant shall, at its sole costown cost and expense, maintain as additional rent, pay for the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver repair of any damage to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspectedor the Building, serviced and are resulting from and/or caused in good orderwhole or in part by the negligence or misconduct of Tenant, condition and repair. Tenant's failure to deliver said certificate its agent, servants, employees, patrons, customers, or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying any other person entering upon the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents Building as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is Tenant's business activities caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due default hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 aboveTenant shall contract and pay for the maintenance, Tenant shall, at its sole cost, maintain operation and repair of all of the entire Premises and every part thereoffor the provision of all services and utilities which Tenant desires in the Premises, including without limitationincluding, windowsbut not limited to, skylightsheating, window framesventilation, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems ("HVAC"), electricity, water, telephone, lights and window washing. The standard of maintenance, operation and repair which Tenant shall meet shall be the standard which a prudent, institutional owner of real estate would require for premises similar to the Premises, in good orderLandlord's reasonable judgment. Landlord may require Tenant to enter into maintenance contracts with service providers to maintain and repair all building systems; each of said contracts and the providers shall be subject to Landlord's approval, condition and repairalthough Landlord shall have no responsibility or liability with respect to the performance of such service providers. Tenant shall deliver pay in arrears, directly to Landlordthe appropriate supplier before delinquency, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing for all telephone services supplied to the Premises have been inspectedas well as any other service or utility, serviced together with all taxes, assessments, surcharges and are in good order, condition similar expenses relating to such utilities and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantservices. If Tenant fails to make repairs any such utilities or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into services are jointly metered with the Premises and make such repairs and/or perform such maintenance work. If another part of the Project, Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for determine Tenant's share of the cost of such repairs and/or maintenance work. Landlord jointly metered utilities and services based on Landlord's estimate of usage, and Tenant shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or pay as Additional Rent Tenant's agents as a result share of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunderjointly metered utilities and services to Landlord within ten (10) or to terminate this Lease because days after receipt of Landlord's failure written statement for such cost. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to keep have occurred by reason of, any interruption of any such utilities and services, or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises in good and sanitary orderor the Project.

Tenant’s Responsibilities. Except as expressly provided in ------------------------- Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 hereof, Tenant shall, at its sole sole' cost, maintain the entire Premises and every part thereof, including without limitation, the windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant's obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in ------------------------- Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant's agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's Tenant"s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, roof surface, freight docks, doors and related hardware, interior walls and partitions, non-structural portions of the exterior walls, non-structural portions of the roof, and the electrical, plumbing, lighting, heating and air conditioning systems (unless Landlord has elected to keep and maintain the heating and air conditioning systems pursuant to Paragraph 10.1 above) in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen thirty (1530) days after notice from Landlord Landlord, in its sole discretion, specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for one hundred and ten (110%) percent of the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant's obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant's agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems (unless Landlord has elected to keep and maintain the heating and air conditioning systems pursuant to Paragraph 10.1 above) in good order, condition and repair. If Landlord has not elected to keep and maintain the heating and air conditioning systems, Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's ’s failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by TenantTenant (subject to any grace period applicable under Paragraph 14 below). If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen five (155) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain keep in good order, condition and repair the entire Premises and every part thereof, including including, without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repairserving the Premises. Tenant shall deliver to Landlord, Landlord every six (6) twelve months during the Lease Term, Term a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems system servicing the Premises have has been inspected, serviced and are is in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work its obligations required of Tenant hereunder within fifteen ten (1510) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance workand repair obligation. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, roof membrane, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating heating, ventilation and air conditioning systems in good order, condition and repair. Unless Landlord otherwise elects, at any time while Tenant is in default of its obligations to maintain and repair same, to be responsible for the repair and maintenance of the heating, ventilation and air conditioning system servicing the Premises, Tenant shall deliver to Landlord, every six (6) months during the Lease Term, maintain a certificate of maintenance or its equivalent, signed by service contract with a licensed HVAC repair and maintenance contractor (covering quarterly inspection and stating that servicing) for the heating heating, ventilation and air conditioning systems servicing of the Premises have been inspectedPremises. Tenant shall provide to Landlord, serviced promptly following Tenant’s receipt of the same, all repair recommendations and are in good orderquarterly inspection and maintenance reports and records with respect to the HVAC units to be maintained, condition and repair. Tenant's failure or caused to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default maintained by Tenant. Tenant’s obligations with respect to the heating, ventilation and air conditioning systems of the Premises shall not include the replacement of components thereof. If Tenant fails is in default of its obligation to make repairs repair or perform maintenance work required of maintain the HVAC units pursuant to the terms above, and such default is not cured by Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance workapplicable cure period set forth in Paragraph 14.2.1 below, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance workwork in accordance with the preceding sentence, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's ’s agents, employees reasonable wear and tear and loss or contractorsdamage caused by casualty not caused by or contributed to by Tenant or condemnation excepted. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant’s obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen thirty (1530) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises after providing Tenant at least two (2) business day prior notice, except for an emergency and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the reasonable cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits ’s agents within thirty (30) days of any statute now or hereafter in effect (including without limitation the provisions receipt of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderwritten notice.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. i. Tenant shall deliver pay to LandlordLandlord as rent the sum of One Dollar and 00/100 ($1.00) per year, every six (6) months payable in advance on the date of commencement of this lease and thereafter on or before the first day of each year during the Lease Term, a certificate term of maintenance or its equivalent, signed this lease. All rent payable by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due Tenant shall be a Default by Tenantwithout previous demand, set off, or deduction. If Tenant fails All money rent shall be paid to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying at the need for such repairs or maintenance work, address to which notices to Landlord or Landlord's agents may, are given as set forth in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance workparagraph entitled "Notices" hereunder. ii. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand for property damage caused by Tenant on the Property. iii. Tenant shall provide Landlord with one annual membership in the Chamber of Commerce each year and recognize the Landlord as Additional Renta Platinum Peak Performer. Tenant shall provide Landlord with tickets to WakeUp Apex Events and Women’s Network Events. iv. Tenant may sub-lease offices and conference rooms to Apex Chamber of Commerce members with or without consideration and without consent of the Landlord so long as there is no violation of Town ordinances, for the cost sale or consumption of such repairs and/or maintenance workalcohol, or conflict with prior scheduled Town meetings or events. Tenant shall not sub-lease to non-members. v. Landlord shall have no liability designate a space in the reception area of not less than 74x94 where Tenant may place marketing materials of Chamber members or promote Tenant events. This space may be provided as two separate spaces totaling aforementioned area. Upon competition of renovations described in Section 4(b)(ii) of this agreement, Landlord may at its discretion require such materials to be relocated to the renovated area. Tenant for may not place marketing materials or displays in the Common Areas or any damage, inconvenience or interference with the use other part of the Building without the written consent of the Landlord. vi. Tenant is responsible for office supplies, kitchen supplies, and consumables located in the Leased Premises used by Tenant or Tenant's agents ’s guests. Such supplies should be designated clearly as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused for use by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomeTenant. vii. Tenant shall reimburse Landlord, on demand and as Additional Rent, not sell alcohol at the Building or Property. Tenant may allow for the cost consumption of damage to alcohol at events with Alcoholic Beverage Commission approval through Apex Police Department and Wake County. viii. Landlord shall designate two (2) parking spaces in the Premises and/or Common Area caused parking lot in front of the Building for use by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives so long as the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderparking lot exists.

Tenant’s Responsibilities. Except It is the intent of the parties that Tenant perform all maintenance, service, cleaning and care for the premises unless said duties are expressly designated to Landlord under this Agreement. This Agreement is conditioned upon Tenant’s assurances that the subject ballfields and facilities shall be operated solely by Tenant and no other person, corporation, association, or legal entity whatsoever. All of Tenant’s personnel and volunteers, such as, but not limited to, players, administration, umpires, scorekeepers, and ball shags, shall be the sole responsibility of Tenant. Tenant shall be responsible for ticket sales and collecting tickets at the gate and shall be entitled to all proceeds therefrom, excepted as expressly provided for in Paragraph 10.1 abovethis Agreement. Additionally, Tenant, at its own expense, shall maintain premises in its present condition: a. Tenant shall, at its sole costown expense, care for and maintain leased premises in a reasonably safe and serviceable condition. Tenant will not permit the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems premises to be damaged or depreciated in good order, condition and repairvalue by any act or negligence. Tenant shall deliver use due diligence to keep faucets closed so as to prevent waste of water and flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. Tenant shall make no structural alterations or improvements without written approval of the Landlord. Any construction or improvements made to the Stadium, every six (6) months during improvements, and real estate shall remain the Lease Termsole property of the Landlord. b. Tenant shall make operational repairs to equipment and buildings as needed for damage caused by Tenant’s use of the Stadium. c. Tenant shall make operational repairs to fencing for damage caused by Tenant use of the Stadium. Tenant is responsible for and agrees to keep the club house, restroom, concession, luxury boxes and the stadium facilities in a certificate clean and sanitary condition. This may require regular cleaning and sanitizing by Tenant. d. Tenant shall not allow trash of any kind to accumulate on said premises on the grounds, or the front, side, or rear thereof. e. Tenant shall be responsible for any maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repairexpenses under $1,000.00. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform responsible for all maintenance work required and repair expenses exceeding $1,000.00. f. On the last day of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance workterm, Tenant shall reimburse return the facility to the Landlord upon demand in the same condition as the first day of the term, normal wear and tear excluded. Tenant shall not be obligated to paint the facility. g. Landlord shall train Tenant on how to maintain the artificial turf and Tenant shall perform maintenance on the turf as Additional Rent, recommended by the manufacturer as well as other required maintenance for the cost of such repairs and/or maintenance work. Landlord facilities. h. Tenant shall have no liability to Tenant for any damage, inconvenience or interference with prohibit the use of metal cleats on the Premises by Tenant artificial turf areas of the field, including but not limited to, the pitcher’s mound and batter’s box. i. No sunflower seeds or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits seeds of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 kind shall be allowed at any of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderfacilities.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraphs 15 and 16 hereof and excluding any repairs to the Building Structure (unless such structural repairs are required to repair any damage caused by the negligence or willful misconduct of Tenant or any Tenant Related Party or any breach of Tenant’s obligations under this Lease, in which event Tenant shall perform such repairs at Tenant’s sole cost and expense or, at Landlord’s election, Landlord shall undertake such structural repairs and Tenant shall reimburse Landlord for the actual and reasonably structural repair costs incurred or paid by Landlord within thirty (30) days following receipt of an invoice and reasonable back-up documentation evidencing such structural repair costs incurred or paid by Landlord), Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, interior windows, skylights, window door frames, plate glassappliances, freight docksinterior glass (if any), doors doors, door closures and related hardware, interior walls and partitions, and the fixtures, electrical, plumbing, lightingfire extinguisher equipment and other equipment installed in the Premises that exclusively serves the Premises and all Alterations constructed by or on behalf of Tenant pursuant to Paragraph 13 below, heating and air conditioning systems together with any supplemental HVAC equipment installed by or on behalf of Tenant serving only the Premises, or applicable part thereof, in good order, condition and repair. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Paragraphs 13 and 17 below. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall deliver to Landlord, every six promptly reimburse Landlord as Additional Rent for all reasonable costs incurred (6but in no event may Landlord charge a market supervision fee) months during the Lease Term, a certificate upon submission of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantan invoice. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents or designated contractors may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand within thirty (30) days after receipt of an invoice and reasonable back-up documentation with respect thereto and as Additional Rent, for the actual and reasonable cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant Related Parties during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents any Tenant Related Parties as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.performing

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant’s obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly (a) Tenant shall, at its sole cost and expense and subject to ordinary wear and tear, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Building, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided in Paragraph 10.1 abovethat Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas of the Premises, including paved and landscaped areas in a neat and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been maintained by Tenant subject, in all cases, to ordinary wear and tear. Landlord has no responsibility for any cost, maintain repair, maintenance or replacement of any portion of the entire Building, Premises, systems or equipment. Tenant acknowledges and agrees that Tenant is accepting the Building and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors replacements made by or on behalf of Tenant shall be made in a good and related hardware, interior walls and partitionsworkmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the electrical, plumbing, lighting, heating Building and air conditioning systems in good order, condition and repairPremises. All replacement materials utilized by Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due hereunder shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage an equal quality to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives existing materials currently utilized at the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderPremises.