Common use of Tenant’s Responsibility Clause in Contracts

Tenant’s Responsibility. During the Lease Term, Tenant shall, at its own cost and expense, maintain the interior, non-structural portions of the Leased Premises in good condition and repair, including, but not limited to the maintenance, repair and replacement, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coverings, windows and doors, sprinkler and plumbing systems, to the extent all of the foregoing exclusively serve the Leased premises and shall obtain a preventive maintenance contract on the heating, ventilating and air-conditioning systems, and provide Landlord with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. In the event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing to the contrary, in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or invitees.

Tenant’s Responsibility. During the Lease Term, Tenant shall, at its own cost and expense, maintain the interior, non-structural portions of the Leased Premises in good condition condition, regularly servicing and repairpromptly making all repairs thereto, including, including but not limited to the maintenance, repair and replacement, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coverings, windows and doors, sprinkler and plumbing systems, to the extent all of the foregoing exclusively serve the Leased premises and shall obtain a preventive maintenance contract on the heating, ventilating and air-conditioning systemssystems serving the Leased Premises (hereinafter referred to as "HVAC System"), and provide Landlord with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord’s 's standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system HVAC System on not less than a semi-annual basis. In the event Tenant fails to maintain the Leased Premises in any material respect as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rentadditional rent, together with interest at the Interest Raterate of eight percent (8%) per annum from the date of making such payments. Notwithstanding Provided however, at Landlord's sole expense, Landlord agrees to hire Shumate Mechanical to inspect the foregoing HVAC system and to cause it to be ix xxxxxlent working order at lease commencement and at its cost and expense make, any repairs or replacements of the contrary, in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, HVAC system required during the last twenty-four first twelve (2412) months of the Lease Term it is term, except any repairs necessary because of Tenant's negligent or tortuous actions or omissions. During the term of the Lease, Tenant agrees to reimburse Landlord for Tenant a fraction of the replacement cost of any compressor equal to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over number of years remaining on the Lease divided by the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or inviteesHVAC compressor.

Tenant’s Responsibility. During the Lease Term, Tenant shall, at its own cost and expense, shall maintain the interior, non-structural portions of the Leased Premises in substantially the same good order and condition as it is on the commencement of the Lease Term and repairshall return the Leased Premises to Landlord in such condition at the Expiration Date or at the earlier termination of this Lease, includingordinary wear and tear excepted. Except as obligations to repair are expressly delegated to Landlord as described in Section 11(b) below, Tenant shall be responsible for the full cost of all maintenance and repair of (i) the Leased Premises, including but not limited to the maintenancedoors, repair door jambs, windows, window casings and replacementsills, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glassscreens, floor coverings, windows walls (excluding load bearing xxxxxtures), and doorsceilings located in the Leased Premises, sprinkler and plumbing systemsall pipes, to gutters, downspouts, wires, conduits and other equipment and fixtures located in the extent all Leased Premises, and (ii) the common areas of the foregoing exclusively serve Property (including all landscaping thereon, except for the Leased premises landscaping immediately surrounding the Adjacent Laboratory Building). Tenant, at its expense, shall perform routine maintenance, repair, and shall obtain a preventive maintenance contract on replacement of the plumbing, electrical, heating, ventilating and air-conditioning systems, and provide Landlord all other systems and equipment, serving the Leased Premises. Tenant will throughout the Lease Term obtain and keep in force a maintenance contract with a copy thereof. The preventive qualified service company to regularly inspect and perform maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of services to the heating, ventilating and air air-conditioning system on not less than serving the Leased Premises. Tenant, at its expense, shall furnish Landlord with a semi-annual basiscopy of said maintenance contract, and of renewals or replacements thereof, promptly after the effective date thereof. In the event All repairs and maintenance required to be performed by Tenant fails to maintain at the Leased Premises as required herein shall be made or fails to commence repairs performed within a reasonable period of time upon the occurrence of the necessity therefor, and shall be made or performed in a workmanlike manner, using first class materials, by a contractor duly licensed in the State of Maryland, and shall be made or performed in accordance with (requested by Landlord in writingi) within thirty all applicable federal, state and county governmental codes and regulations, and (30ii) days after such requestinsurance requirements. Tenant shall also be responsible for keeping all sidewalks and parking areas on the Property free and clear of dirt, or fails diligently to proceed thereafter to complete such repairstrash, debris, ice, snow, and any other obstructions; provided, however, that Landlord shall have upon request promptly reimburse Tenant for nine percent (9%) of the right cost of any such services. Tenant shall keep its trash and garbage in order to preserve enclosed containers in a trash holding area within the Leased Premises, and shall perform regular trash removal from such trash holding area. Tenant shall also be responsible for the performance of regular, periodic pest control services at the Leased Premises. All glass, both exterior and interior, shall be maintained in the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing sole risk of Tenant, and Tenant agrees to the contrary, replace any glass promptly at its sole expense in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or inviteesbreakage.

Tenant’s Responsibility. During Tenant shall not bring, use, or permit upon the Lease TermPremises, Tenant shallor generate, at its own cost and expenseemit, maintain or dispose from the interiorPremises any chemicals, non-structural portions toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Leased Premises Environmental Protection Agency’s lists of hazardous wastes or which are identified in good condition and repair, including, but not limited to the maintenance, repair and replacement, if necessary Sections 66680 through 66685 of Title 22 of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coverings, windows and doors, sprinkler and plumbing systems, California Administrative Code as the same may be amended from time to the extent time (“Hazardous Materials”) except in compliance with all applicable laws. Landlord consents to Tenant’s use of the foregoing exclusively serve the Leased premises and shall obtain a preventive maintenance contract Hazardous Materials on the heatingPremises on the condition that Tenant represents and warrants that Tenant will (i) adhere to all reporting and inspection requirements imposed by Federal, ventilating State, County or Municipal laws, ordinances or regulations including without limitation, any applicable requirement that Tenant prepare a Hazardous Materials Management Plan under California Health and air-conditioning systemsSafety Code §25505.5 and will provide Landlord a copy of any such reports or agency inspections, (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling Hazardous Materials on the Premises, (iii) enforce Hazardous Materials handling and disposal practices consistent with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteriaindustry standards, and shall provide for (iv) properly close the inspection facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or trenches which have come into contact with Hazardous Materials and maintenance of complete any action required to obtain a closure certificate from the heating, ventilating and air conditioning system on not less than a semi-annual basislocal administering agency prior to the Expiration Date. Landlord may employ an independent engineer or consultant to periodically inspect Tenant’s operations to verify that Tenant is complying with its obligations under this paragraph. In the event it is determined by Landlord’s consultant that Tenant fails is in material violation with respect to maintain its obligations under this paragraph and such violation has not previously been reported by Tenant or has not been cured, then Tenant shall pay the Leased Premises as required herein reasonable future expense of employing Landlord’s independent engineer or fails consultant to commence repairs (requested periodically inspect Tenant’s operations. The foregoing right of inspection shall be exercised by Landlord in writing) within thirty (30) days after such request, or fails diligently only if Landlord believes it may be subject to proceed thereafter to complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing to the contrary, in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary liability because of the wrongful or negligent acts or failure to act (where obligated to do so) Tenant’s handling of Tenant, its agents, contractors, employees or inviteeshazardous materials.

Tenant’s Responsibility. During the Lease Term, Tenant shallagrees to maintain, at its own cost and expense, maintain the interior, non-structural portions elements of the Leased Premises in a reasonable condition and in no event less than the condition as at the beginning of the Term of this Lease, excepting only reasonable wear and tear arising from proper use thereof, and will make all necessary repairs and maintenance to keep the non-structural elements of the Premises in good condition order and repair, including, but not limited to the maintenancecondition. Tenant will maintain, repair and replacementreplace, if necessary of when necessary, the air conditioning, heating, plumbing, gas and electrical systemsappurtenances and fixtures in the Premises. All outside window breakage, heating and air conditioning systems, elevator, including plate glass, floor coveringswill be repaired by Tenant and Tenant's expense. Tenant shall, windows and doorsupon the expiration or sooner termination of this Lease, sprinkler and plumbing systems, surrender the Premises to the extent Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted, with all repairs referred to in this Section to have been made at or before the time of such surrender. Any injury or damage to the foregoing exclusively serve Premises caused by or resulting from the Leased premises and act, omission or neglect of Tenant or Tenant's employees, servants, agents, invitees, assignees, or subtenants shall obtain a preventive maintenance contract on be repaired or replaced by Tenant, or at Landlord's option by Landlord, at the heating, ventilating and air-conditioning systems, and provide Landlord with a copy thereofexpense of Tenant. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. In the event If Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, repair or fails diligently to proceed thereafter to complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing replace any damage to the contrary, in Premises resulting from the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration negligence or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to intentional act (where obligated to do so) of Tenant, its employees, servants, agents, contractorsinvitees, employees assignees or inviteessubtenants, Landlord may, but shall not be obligated to cause such maintenance, repair or replacement to be done, as Landlord deems necessary, and Tenant shall immediately pay to Landlord all costs related thereto. Tenant shall keep the Premises and the Building free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Tenant. All persons contracting with Tenant for furnishing or rendering labor or materials in connection with the Premises must look only to Tenant for payment. If any lien is filed against Tenant's leasehold interest of the Premises as a result of action taken by Tenant, Tenant shall discharge or bond around same following written demand from Landlord. If Tenant fails to discharge such lien in a timely manner, then in addition to any other right or remedy of Landlord, Landlord may, at its election, and not earlier than 30 days following the written notice referred to in the preceding sentence, discharge the lien by either paying the amount claimed to be due or by depositing any necessary sums of money with any court or title company or by bonding around such lien. Tenant shall pay the Landlord, upon demand, any amount paid by Landlord for the discharge or satisfaction of any lien and all reasonable expenses incurred by Landlord in connection with such lien.

Tenant’s Responsibility. During the Lease Term, Tenant shall, at its own cost and expense, maintain the interior, non-structural portions of the Leased Premises in good condition condition, regularly servicing and repairpromptly making all repairs and replacements thereto, including, including but not limited to the maintenance, repair and replacement, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coveringsfloors, windows and doors, sprinkler and plumbing systems, to the extent all of the foregoing exclusively serve the Leased premises and shall obtain a preventive maintenance contract on the heating, ventilating and air-conditioning systems, and provide Landlord with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. In the event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (reasonably requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant for the cost thereof as Additional Rentadditional rent, together with interest at the Interest Raterate of twelve percent (12%) per annum from the date of making such payments. Landlord shall provide Tenant with a key to the fire pump serving the Building and shall have direct access to such fire pump at all times for purposes of conducting tests, weekly or at other intervals, of the proper functioning of the fire protection systems at the Building. Such testing shall be conducted, at Tenant’s sole cost and expense and a copy of the results of any such tests shall be promptly provided to Landlord. Tenant shall indemnify, defend and hold harmless Landlord, its agents, employees and contractors from and against any and all claims, demands, penalties, costs, liabilities, losses and expenses (including reasonable attorneys’ fees actually incurred) to the extent arising from or based upon any alleged act, omission or negligence of Tenant or Tenant’s agents, employees contractors or invitees or otherwise arising in connection with Tenant’s access or use of the fire pump serving the Building, except to the extent caused by the negligence or willful misconduct of Landlord or its agents or contractors. Notwithstanding the foregoing foregoing, nothing contained in this Section 8.05 shall override (or be deemed to override) the contrary, waivers contained in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same Section 8.03 above. This provision shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of survive the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or invitees.

Tenant’s Responsibility. During From and after the Lease TermOriginal Premises Delivery Date, except as otherwise provided hereinbelow, Tenant shallshall be solely responsible, at its own sole cost and expense, maintain for the interior, non-structural portions furnishing of all services and utilities to the Leased Premises in good condition and repairPremises, including, but not limited to HVAC, electricity, water, telephone, telecommunications (subject to Section 8.4 below), janitorial, cleaning, pest control, trash removal, security services, and replacement of all light bulbs, lamps, starters and ballasts for lighting fixtures within the maintenancePremises (as well as maintenance and repairs of the Premises in accordance with the provisions of Section 7.1 below); provided, repair however, that during the period from the Original Premises Delivery Date until the day before the Must-Take Space Commencement Date, (i) Tenant shall not be required to perform any services (including janitorial, cleaning, pest control, trash removal, security services, and replacementreplacement of all light bulbs, lamps, starters and ballasts for lighting fixtures) for the Must-Take Space, and (ii) for each invoice from the utility companies for utilities provided to the Building during such period that Tenant delivers to Landlord within fifteen (15) days after Tenant’s receipt thereof, Landlord shall reimburse Tenant for those costs, if necessary any, of the electrical systemsutilities set forth in such invoice that Landlord determines, heating in its sole and air conditioning systemsabsolute discretion, elevator, plate glass, floor coverings, windows and doors, sprinkler and plumbing systems, is attributable to utilities provided directly to the extent all of the foregoing exclusively serve the Leased premises and Must-Take Space, which reimbursement shall obtain a preventive maintenance contract on the heating, ventilating and air-conditioning systems, and provide Landlord with a copy thereof. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. In the event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) be made within thirty (30) days after Landlord’s receipt of such request, or fails diligently invoice from Tenant. During the period from the Original Premises Delivery Date until the date Landlord commences construction of the Must-Take Space Tenant Improvements (as defined in and pursuant to proceed thereafter to complete such repairsthe Must-Take Space Work Letter), Landlord shall have not consume any HVAC, electricity, water or other utilities in the right Must-Take Space; provided, however, that Landlord shall be permitted to consume HVAC, electricity, water or other utilities in order the Must-Take Space to preserve the Leased Premises or portion thereofextent required (A) in the event of an emergency, and/or (B) in connection with the appearance thereofmaintenance of the interior of the Must-Take Space (including, without limitation, the implementation of periodic air circulation measures in the Must-Take Space). Tenant hereby agrees that (1) Landlord shall have absolutely no obligation to make provide any such repairs or have other services or utilities to the Premises, it being agreed that this Lease is in the nature of a contractor make “net” lease (although Landlord shall maintain and keep in service the existing utility connections located outside the Building and connected to the exterior of the Building as necessary for distribution of such repairs utilities to the Premises by Tenant), (2) Tenant shall contract directly with the applicable utility providers to provide all such utilities to the Premises, which utilities shall be separately metered, at Tenant’s cost (provided that Tenant shall not be required to pay to separately meter the Must-Take Space from the original Premises), (3) Tenant shall contract directly with the applicable service providers to provide all such services to the Premises (subject, however to the provisions of clause (i) hereinabove), and charge (4) Tenant shall pay for the cost thereof as Additional Rent, together with interest of all utilities consumed at the Interest Rate. Notwithstanding the foregoing Premises and for all services provided to the contrary, Premises directly to the applicable provider thereof (subject to reimbursement from Landlord pursuant to clause (ii) hereinabove). All such services and utilities for the Premises shall be provided in such a manner so as to maintain the event Tenant has maintained the heating and air conditioning systems Premises and Building sprinkler systems as herein provided and, during in clean and first-class condition consistent with the last twentyfirst-four (24) months class nature of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafter, accruing interest at the Interest Rate after the expiration of such 30-day period, and as a covenant of Landlord surviving the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or inviteesProject.

Tenant’s Responsibility. During Subject to the Lease Termprovisions of Section 11(b) below, Tenant shall, at its own shall be responsible for the full cost of all maintenance and expense, maintain the interior, non-structural portions repair of the Leased Premises in good condition Building and repair, Building systems (including, but not limited to without limitation, the maintenancemechanical, repair electrical, plumbing, life safety, and replacement, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coverings, windows and doors, sprinkler and plumbing systems, to the extent all of the foregoing exclusively serve the Leased premises and shall obtain a preventive maintenance contract on the heating, ventilating and air-air conditioning systemssystem), including the doors, interior glass, floors, interior walls, ceilings, and provide Landlord with a copy thereofequipment and fixtures located in the Building and any pipes, wires, and conduits located in or traversing the Building which serve the Building. The preventive All repairs and maintenance contract required to be performed by Tenant shall meet be made or exceed Landlord’s standard maintenance criteriaperformed as soon as reasonably practicable upon the occurrence of the necessity therefor, and shall provide for be made or performed in a first class manner, using first class materials, by a contractor approved by Landlord and bonded unless waived by Landlord, and shall be made or performed in accordance with (i) all laws and all applicable governmental codes and requirements, and (ii) insurance requirements. Tenant, at its sole expense, will throughout the inspection term of this Lease obtain and keep in force a maintenance of contract with a qualified service company to regularly inspect and perform maintenance services to the (i) elevators that serve the Building, and (ii) the heating, ventilating and air conditioning system on that serves the Building. Tenant shall furnish Landlord with a copy of said maintenance contract(s), and of renewals or replacements thereof. Tenant shall also be responsible for causing its laboratory waste (but not less than a semi-annual basisordinary trash) to be removed from the Demised Premises and disposed of in accordance with all applicable laws and regulations. In the event If Tenant fails to maintain the Leased Premises as required herein or fails refuses after written notice from Landlord to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to and complete such repairs, Landlord shall have the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor maintenance necessary to satisfy the provisions of this Section, the Landlord may, but shall not be required to, make such and complete said repairs or maintenance and charge Tenant for shall pay the cost thereof therefor (including overhead) to Landlord upon demand, as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing to the contrary, in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24shall perform its obligations under Section 11(a) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed by Landlord to Tenant within thirty (30) days thereafterin a first class manner which is consistent with how other buildings that are located in Rockville, accruing interest at the Interest Rate after the expiration of such 30-day periodMaryland, and as a covenant of Landlord surviving which are comparable to the expiration or termination of this Lease; provided that Landlord shall not have any obligation to reimburse Tenant for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of TenantBuilding, its agents, contractors, employees or inviteesare maintained and repaired.

Tenant’s Responsibility. During A. Except as otherwise expressly provided in Section 2.02D and Section 7.02, during the Lease Termterm of this Lease, Tenant shall, at its own cost and expense, maintain the interior, non-structural portions of the Leased Premises in good condition and repairrepair as a warehouse/industrial development, including, but not limited regularly servicing and promptly making all repairs and replacements to the maintenance, repair and replacement, if necessary of the electrical systems, heating and air conditioning systems, elevator, plate glass, floor coveringsfloors, windows and doors, sprinkler and plumbing systems, to the extent all of the foregoing exclusively serve the Leased premises electrical systems, interior walls, and mechanical systems. Tenant, at its expense, shall obtain a preventive maintenance contract on the heating, ventilating and air-air conditioning systems, and systems which shall be subject to Landlord’s reasonable approval. Tenant shall provide Landlord with a copy thereofof the preventive maintenance contract no later than thirty (30) days after the Commencement Date. The preventive maintenance contract shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. . B. In the event Tenant fails Defaults in connection with its obligation to maintain or repair the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such requestPremises, or fails diligently to proceed thereafter to complete such repairsin the case of emergency, in which case no Default is required, Landlord shall have the right (but not the obligation) in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to perform such maintenance and/or to make such repairs repairs, or have a contractor make [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. such repairs repairs, and charge Tenant for the cost thereof (including a four percent (4%) management/administrative fee for such work) as Additional Rent, together with interest at the Interest Rate. Notwithstanding the foregoing to the contrary, in the event Tenant has maintained the heating and air conditioning systems and Building sprinkler systems as herein provided and, during the last twenty-four (24) months of the Lease Term it is necessary for Tenant to replace any heating and air conditioning systems and Building sprinkler systems, the cost for same which shall be amortized over the useful life of such item (under generally accepted accounting principles), and, as of the expiration or earlier termination of this Lease, the then-remaining unamortized amount of such cost shall be reimbursed paid by Landlord to Tenant within thirty (30) days thereafterfollowing Landlord’s demand for reimbursement. Notwithstanding anything contained herein to the contrary, accruing interest at the Interest Rate after the expiration if Tenant Defaults more than three (3) times in any consecutive twelve (12) month period with respect to separate instances of a particular and ongoing maintenance or repair obligation, regardless of whether such failures were ultimately cured, then Landlord may assume Tenant’s responsibilities with respect to that particular obligation upon thirty (30-day period) days’ prior written notice to Tenant, and as a covenant of Landlord surviving upon such assumption, the expiration or termination of this Lease; provided that costs related thereto and incurred by Landlord shall not have any obligation to reimburse be paid by Tenant as Additional Rent (including a four percent (4%) management/administrative fee for such replacement if such replacement is necessary because of the wrongful or negligent acts or failure to act (where obligated to do so) of Tenant, its agents, contractors, employees or inviteeswork).