Common use of Maintenance and Operation Clause in Contracts

Maintenance and Operation. 10.1 During the Standby Sub-Lease Period the Sub-Lessee shall at its own expense maintain the Equipment and every part of the Equipment in a good state of repair, in efficient operating condition and in accordance with good commercial maintenance practice (fair wear and tear expected) and so as to comply with the provisions of all regulations and requirements (statutory or otherwise) from time to time applicable to the Equipment, wherever the Equipment may be located. 10.2 The Sub-Lessee shall be permitted at its own risk to make such substitutions of or modifications to all or any part of the Equipment (including the fitting of additional equipment) as are required to ensure the Equipment's compliance with the DOR and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do anything which, nor omit to do anything the omission of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Equipment to ascertain the condition of the Equipment and satisfy itself that the Equipment is being properly repaired and maintained in accordance with the provisions of this Agreement. The Sub-Lessee shall afford all proper and reasonable facilities for inspection. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee shall have the use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, and the same or their substantial equivalent shall be returned to the Standby Lessor on redelivery in good order and condition fair wear and tear alone expected. 10.6 Notwithstanding the provisions of Clauses 10.1 to 10.5, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 of the General Assignment.

Maintenance and Operation. 10.1 During Tenant shall be solely responsible for ensuring (and Landlord shall have no responsibility for ensuring) the Standby Sub-Lease Period proper operation of Tenant’s Specialized Equipment in compliance with all Applicable Legal Requirements, including without limitation the Sub-Lessee requirements of Section 9.3 and any Environmental Laws in accordance with Section 9.4. Landlord shall reasonably cooperate with Tenant, at its own no cost or expense maintain the Equipment and every part of the to Landlord, to address Tenant’s reasonable requests regarding any operational issues concerning Tenant’s Specialized Equipment in a good state of repair, manner consistent with comparable equipment usage in efficient operating condition Comparable Mixed-Use Laboratory/Office Buildings. Tenant shall comply with all reasonable requirements from time to time imposed by Landlord in a uniform and nondiscriminatory manner with respect to Tenant’s Specialized Equipment installations and similar equipment installed by other tenants in accordance with good commercial maintenance practice the Rooftop Operating Standards. If Tenant’s Rooftop Equipment causes physical damage to the roof or the structural integrity of the Building or interferes (fair wear in a manner inconsistent with the Rooftop Operating Standards) with other rooftop equipment from time to time installed on the roof, or if any Tenant’s Specialized Equipment interferes (in a manner inconsistent with the Rooftop Operating Standards) with any of the Building’s mechanical or other systems or with the use or occupancy of any other portion or the Building or with the business operations of any other Building tenant or occupant, then Tenant shall within ten (10) business days (or immediately in the case of emergency) after notice of a claim of damage or interference reasonably cooperate with Landlord to determine the source of the damage or interference and tear expected) and so as (to the extent such damage or interference arises from the failure of Tenant’s Specialized Equipment to comply with the provisions terms of all regulations this Section 11) to effect a prompt solution at Tenant’s expense. To the extent the rooftop equipment of any other tenant causes physical damage to, or interference (in a manner inconsistent with the Rooftop Operating Standards) with Tenant’s Specialized Equipment, Landlord will reasonably cooperate with Tenant to determine the source of the damage or interference and requirements use commercially reasonable efforts, in a manner consistent with Comparable Mixed-Use Laboratory/Office Buildings, to effect a prompt solution without cost to expense to Tenant (statutory or otherwise) from time to time applicable to the Equipment, wherever extent such damage or interference arises from the Equipment may be located. 10.2 The Sub-Lessee shall be permitted at its own risk failure of such other party’s installations to make such substitutions of or modifications to all or any part of the Equipment (including the fitting of additional equipment) as are required to ensure the Equipment's compliance comply with the DOR Rooftop Operating Standards and does not arise from the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do anything which, nor omit to do anything the omission failure of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Tenant’s Specialized Equipment to ascertain the condition of the Equipment and satisfy itself that the Equipment is being properly repaired and maintained in accordance comply with the provisions terms of this Agreement. The Sub-Lessee shall afford all proper and reasonable facilities for inspection. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee shall have the use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, and the same or their substantial equivalent shall be returned to the Standby Lessor on redelivery in good order and condition fair wear and tear alone expected. 10.6 Notwithstanding the provisions of Clauses 10.1 to 10.5, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 of the General Assignment.this

Maintenance and Operation. 10.1 During (a) Except as provided in Clause 20, the Standby Sub-Lease Vessel shall during the Charter Period be in the Sub-Lessee shall full possession and at the absolute disposal for all purposes of the Charterer and under its complete control in every respect. The Charterer hereby covenants and agrees with the Owner that during the Charter Period (and subject to the provisions of Clause 13): (i) The Charterer will at its own expense maintain the Equipment Vessel, her machinery, cargo handling equipment, boilers, appurtenances and every part of the Equipment spare parts in a good state of repair, repair and in efficient operating condition and in accordance with good commercial maintenance practice (fair commensurate with other vessels in Charterer's fleet of similar size and trade, ordinary wear and tear expectedexcepted; and (ii) The Charterer will at its expense keep the Vessel with unexpired classification in accordance with the highest classification of the American Bureau of Shipping (or such other classification society as shall previously have been approved in writing by the Owner) and so as other required certificates in force and shall make any improvement or structural changes or acquire any new equipment necessary to comply with the provisions requirements of all regulations such classification; and (iii) The Charterer shall be at liberty to fit any additional equipment required for the services of the Charterer, beyond that on board at the commencement of this Charter, such work to be done at the Charterer's expense and requirements on its time, and such equipment may be removed by the Charterer at its cost and on its time at any time (statutory provided, however, that such removal does not adversely affect the class or otherwiseseaworthiness of the Vessel) from time to time applicable prior to the Equipmentexpiration or any other termination of the Charter. The Vessel is to be redelivered to the Owner in the same condition and class as that in which she is delivered by the Owner, wherever ordinary wear and tear excepted and any additional equipment that cannot be or is not so removed shall become the Equipment may be located.property of the Owner; and 10.2 (iv) The Sub-Lessee Charterer shall be permitted at its own risk not permit the Vessel to make such substitutions proceed to any port which is then subject to a prohibition by the government of the Registration Jurisdiction or modifications to all or the national government of the port in question; and (v) In the event of any hostilities in any part of the Equipment world (including whether war be declared or not) the fitting Charterer will not employ the Vessel nor suggest her employment in carrying any goods which are declared contraband nor suffer her to enter or trade to any zone which is declared a War Zone by the War Risks Insurers unless the Charterer has made arrangement with the said insurers for the payment of such additional equipmentpremiums as said insurers may require to maintain the relevant insurances in force or in any zone in respect of which the War Risks Insurers have withdrawn cover for the Vessel; and (vi) as are required to ensure The Charterer will not use the Equipment's Vessel in any manner or for any purpose excepted from any insurance policy or policies taken out in compliance with Clause 11 hereof or for the DOR purpose of carriage of goods of any description excepted from the said insurance policy or policies and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do or permit to be done anything which, nor omit which could reasonably be expected to do anything the omission of which, prejudices invalidate any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment said insurance policy or policies; and (vii) The Charterer will not use the Vessel in respect any manner or for any purpose or trade or permit or suffer to be done any act which will prejudice the Owner's ownership of the Equipment of Vessel or any part thereof. 10.4 (b) During the Charter Period (subject to the provisions of Clause 13), the Charterer shall at its own expense or by its own procurement man, victual, navigate, operate, supply, fuel and repair the Vessel whenever required and shall, as between itself and the Owner, be responsible for all charges and expenses of every kind and nature whatsoever incidental to the Charterer's use and operation of the Vessel under this Charter, including any foreign, general, municipal, value added or other taxes except that the Charterer shall not be responsible for Owner Taxes. During the Charter Period, the master, officers and crew of the Vessel shall be engaged and employed by the Charterer and shall remain the Charterer's servants, navigating, managing and working the Vessel on behalf of and at the risk of the Charterer. (c) As between the Charterer and the Owner, the Charterer shall also be responsible for any charges and expenses incidental to the use and operation of the Vessel while under requisition for hire, during the Charter Period. The Standby Lessor foregoing provision of this sub-clause shall be without prejudice to the rights of the Owner and the Charterer against other parties in respect of any such charges or expenses. The Charterer shall, subject to the prior written approval of the Owner (such approval not to be unreasonably withheld), be entitled to take action in the name of the Owner against other parties in respect of such charges or expenses. If as a result of any such action any moneys are received the same shall be recovered by the Charterer. (d) The Charterer shall make no changes in the structure of the Vessel nor major changes in her machinery, appurtenances, spare parts or boilers without in each instance first securing the written approval of the Owner, which approval shall not be unreasonably withheld; provided that if any such changes are required to meet classification society requirements, applicable regulations and/or any relevant laws the Owner shall not withhold such approval and the Charterer shall not be obliged to reinstate the Vessel to its condition prior to the making of such changes. (e) The Charterer shall drydock the Vessel and clean and paint her underwater parts in accordance with good commercial practice, but not less than as may be required by the American Bureau of Shipping or such other classification society as provided in Clause 7(a)(ii) to maintain the Vessel's highest classification. The Charterer shall give the Owner not less than seven (7) days prior notice of the Charterer's intention to drydock the Vessel, such notice to specify the intended time and place of drydocking. (f) The Owner (or such persons as it shall appoint or authorize) shall have the right at all any time on reasonable times notice, and intervals in a manner which shall not interfere with the Vessel's trading requirements to inspect or survey the Equipment Vessel in order to ascertain the condition of the Equipment Vessel and to satisfy itself that the Equipment Vessel is being properly repaired and maintained in accordance with the provisions of this AgreementCharter. The SubInspection or survey in drydock shall be made only when the Vessel is in drydock under the provisions of sub-Lessee shall afford all proper and reasonable facilities for inspectionclause (e) of this Clause. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee However, the Owner shall have the use right to require the Vessel to be drydocked for inspection, if the Charterer is not docking her at the required classification intervals. The costs incurred in respect of all such booksdrydocking and any inspection or survey made under this sub-clause shall be paid by the Charterer to the Owner only if repairs are found to be required. Otherwise, manuals, handbooks, data, drawings the costs of drydocking and any inspection or survey shall be paid by the Owner. All repairs as shall be shown to be required by any inspection or survey shall be made at the Charterer's expense and shall be completed within a reasonable period of time or such other documentation (including updating documentation period as is specified by the relevant classification society referred to include modifications) in regard Clause 7(a)(ii). Time taken in respect of inspection, survey or repairs shall form part of the Charter Period. The Charterer shall whenever requested, on reasonable notice, permit the Owner to inspect the Vessel's log books and furnish the Owner promptly with full information regarding any casualties or other damage to the EquipmentVessel. (g) The Owner shall not be liable for any expense in repairing or maintaining the Vessel or be liable to supply a vessel or any part in lieu thereof if the Vessel or any part thereof is lost, damaged, rendered unfit for use, confiscated, seized, requisitioned, restrained or appropriated and the same Charter Hire and any Additional Charter Hire payable in respect of the Vessel shall continue to be payable notwithstanding loss or their substantial equivalent shall be returned damage (not amounting to a Total Loss) to the Standby Lessor on redelivery in good order Vessel or any part thereof (and condition fair wear and tear alone expected. 10.6 Notwithstanding notwithstanding that the Vessel or any part thereof is rendered unfit for use or is requisitioned for hire). In the event of a Total Loss the provisions of Clauses 10.1 Clause 12 shall apply. (h) The Charterer shall not have or be deemed to 10.5have any authority to pledge the Owner's credit for any purpose, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 including any maintenance overhauls, replacements, repairs and modification of the General AssignmentVessel.

Maintenance and Operation. 10.1 During Contractor shall maintain all the Standby Sub-Lease Period State certified motor vehicle scales provided by the Sub-Lessee shall at its own expense maintain the Equipment and every part of the Equipment in a good state of repairAuthority, in efficient operating condition and in accordance with good commercial maintenance practice (fair wear Applicable Law and tear expected) in a manner that allows for Collection Contractor(s)’s Delivery vehicles with tare weights to bypass the weighing operation when exiting the Facility after unloading Permitted Materials. All scales shall be linked to a centralized computer recording and so as billing system which shall be compatible with Contractor’s systems and accounts for tracking all incoming and outgoing materials. Upon request, Contractor shall provide Authority, in a useful electronic form, scale house information and billing information related to comply Authority and Approved Users. Contractor shall operate such scales during Facility Receiving Hours, provided that Contractor shall provide Authority with visual access to weighing information at all times and copies thereof on the next Working Day on which the scalehouse is open. All weighing shall be conducted by Contractor or its agents by a licensed weigh master. Notwithstanding the provisions of all regulations and requirements (statutory or otherwise) from time this section 6.04(b)(1), Authority has the option to time applicable to be the Equipment, wherever the Equipment may be located. 10.2 The Sub-Lessee shall be permitted at its own risk to make such substitutions of or modifications to all or any part exclusive operator of the Equipment (including scales for the fitting duration of additional equipment) as are required to ensure this Agreement and any extensions unless agreed otherwise in writing. Upon the Equipment's compliance with exercise of such option, which may only be done by written Notice, Authority shall operate the DOR and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do anything which, nor omit to do anything the omission of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Equipment to ascertain the condition of the Equipment and satisfy itself that the Equipment is being properly repaired and maintained scales in accordance with the provisions of this Agreementsection 6.04(b)(1-7), except that the word “Contractor” shall be replaced with the world “Authority,” and the word “Authority” shall be replaced with the word “Contractor” unless the context otherwise requires. By way of example, record keeping of incoming tonnage will continue to apply to Authority and other Approved Users. Upon the Authority’s exercise of such option, Contractor shall be relieved from performing any obligations that would otherwise be required of it by section 6.04(b)(1-7) after the Option’s Effective Date. The Sub“Option’s Effective Date” shall be the date on which the Authority commences exclusive operation of the scales which shall be on the thirty-Lessee first day after Authority provides Notice to Contractor of its exercise of the option described herein. After the “Effective Date”, the Authority shall afford all proper and reasonable facilities receive quarterly payments from the Contractor of Sixty Thousand Dollars ($60,000) for inspectionthe Authority scale operation unless the Contractor compensates the Authority through an alternative compensations mechanism approved by the Authority, which approval shall not be unreasonably withheld. Each party The fee shall bear its own costs be adjusted each year in relation to surveys. 10.5 The Sub-Lessee shall have the use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, and the same or their substantial equivalent shall be returned to manner as the Standby Lessor on redelivery in good order and condition fair wear and tear alone expectedservice fee. 10.6 Notwithstanding the provisions of Clauses 10.1 to 10.5, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 of the General Assignment.

Maintenance and Operation. 10.1 During The Lessee shall assure that the Standby Sub-Lease Period the Sub-Equipment is not subject to careless or needlessly rough usage, and Lessee hereby agrees to employ competent, experienced persons to operate and maintain said Equipment and shall at its own expense maintain the Equipment in good operating condition, well greased, oiled, cleaned and every part of the Equipment in a good state of repairrepaired, in efficient operating condition and in accordance with good commercial the manufacturer’s specifications, providing Lessor with such verifiable records of maintenance practice within forty-eight (fair wear 48) hours of request, and tear expectedshall return it to Lessor in such condition. Lessee shall have the duty to inspect, test, and certify at its own cost, that the Equipment is in accordance with manufacturer’s specifications and is fully operational and free from any and all damages and/or defects. Any damages and/or defects shall be reported to Lessor immediately via phone call to XXXXXXXXXX or XXXXXXXXXX at XXX-XXX-XXXX and followed up with an email to all of the following: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. Failure to notify the Lessor immediately of any damages and/or defects shall be deemed an admission by the Lessee that the Equipment is fully operational and free from damages and/or defects. In the event the Equipment is rendered not serviceable through accidental and/or negligent damage by Lessee, the rental shall continue until the Equipment is restored to serviceable condition, and all costs for accomplishing the repairs shall be paid by Lessee. When Lessee and Lessor (both the parties) and so as have prearranged for Lessor’s service personnel to comply with the provisions of all regulations and requirements (statutory or otherwise) from time to time applicable to work on the Equipment, wherever Lessee shall make the Equipment may be located. 10.2 The Sub-immediately available to Lessor’s service personnel upon their arrival at the location of the Equipment, and if the service personnel are required to wait more than two (2) hours by Lessee, then Lessee shall be permitted at its own risk responsible for payment to make such substitutions Lessor of or modifications standard hourly charges for the additional waiting time. Lessee shall be responsible to all or any part of steam clean the Equipment (including after its use thereof is completed. Lessee shall pay special attention toward cleaning and protecting the fitting of additional equipment) as Equipment when working the Equipment at a location where destructible chemical agents are required present in the atmosphere. Lessee shall be responsible for this protection and to ensure clean all corrosive agents from the Equipment's compliance with the DOR , and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do anything which, nor omit to do anything the omission of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Equipment to ascertain restoring the condition of the Equipment metal and satisfy itself that paint on the Equipment is being properly repaired and maintained in accordance with prior to returning the provisions of this AgreementEquipment to Lessor. The Sub-Lessee shall afford all proper and reasonable facilities for inspection. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee shall have the use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, and the same or their substantial equivalent shall be returned to the Standby fact that Lessor on redelivery in good order and condition fair wear and tear alone expected. 10.6 Notwithstanding the provisions of Clauses 10.1 to 10.5, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 is aware of the General Assignmenttype of project and that chemical agents are present in the atmosphere does not deem this type of destruction to be classified as normal wear.

Maintenance and Operation. 10.1 During The Lessee shall assure that the Standby Sub-Lease Period the Sub-Equipment is not subject to careless or needlessly rough usage, and Lessee hereby agrees to employ competent, experienced persons to operate and maintain said Equipment and shall at its own expense maintain the Equipment in good operating condition, well greased, oiled, cleaned and every part of the Equipment in a good state of repairrepaired, in efficient operating condition and in accordance with good commercial the manufacturer’s specifications, providing Lessor with such verifiable records of maintenance practice within forty-eight (fair wear 48) hours of request, and tear expectedshall return it to Lessor in such condition. Lessee shall have the duty to inspect, test, and certify at its own cost, that the Equipment is in accordance with manufacturer’s specifications and is fully operational and free from any and all damages and/or defects. Any damages and/or defects shall be reported to Lessor immediately via phone call to XXXXXXXXXX or XXXXXXXXXX at XXX-XXX-XXXX and followed up with an email to all of the following: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. Failure to notify the Lessor immediately of any damages and/or defects shall be deemed an admission by the Lessee that the Equipment is fully operational and free from damages and/or defects. In the event the Equipment is rendered not serviceable through accidental and/or negligent damage by Lessee, the rental shall continue until the Equipment is restored to serviceable condition, and all costs for accomplishing the repairs shall be paid by Lessee. When Lessee and Lessor (both the parties) and so as have prearranged for Lessor’s service personnel to comply with the provisions of all regulations and requirements (statutory or otherwise) from time to time applicable to work on the Equipment, wherever Lessee shall make the Equipment may be located. 10.2 The Sub-immediately available to Lessor’s service personnel upon their arrival at the location of the Equipment, and if the service personnel are required to wait more than two (2) hours by Lessee, then Lessee shall be permitted at its own risk responsible for payment to make such substitutions Lessor of or modifications standard hourly charges for the additional waiting time. Lessee shall be responsible to all or any part of steam clean the Equipment (including after its use thereof is completed. Lessee shall pay special attention toward cleaning and protecting the fitting of additional equipment) as Equipment when working the Equipment at a location where destructible chemical agents are required present in the atmosphere. Lessee shall be responsible for this protection and to ensure clean all corrosive agents from the Equipment's compliance with the DOR , and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do anything which, nor omit to do anything the omission of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Equipment to ascertain restoring the condition of the Equipment metal and satisfy itself that paint on the Equipment is being properly repaired and maintained in accordance with prior to returning the provisions of this AgreementEquipment to Lessor. The Sub-Lessee shall afford all proper and reasonable facilities for inspection. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee shall have the use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, and the same or their substantial equivalent shall be returned to the Standby fact that Lessor on redelivery in good order and condition fair wear and tear alone expected. 10.6 Notwithstanding the provisions of Clauses 10.1 to 10.5, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 is aware of the General Assignmenttype of project and that chemical agents are present in the atmosphere does not deem this type of destruction to be classified as normal wear.

Maintenance and Operation. 10.1 During (a) Except as provided in Clause 20, the Standby Sub-Lease Vessel shall during the Charter Period be in the Sub-Lessee shall full possession and at its own the absolute disposal for all purposes of Charterers and under their complete control in every respect. Charterers hereby covenant and agree with Owners that during the Charter Period (and subject to the provisions of Clause 13): (i) Charterers will at their expense maintain the Equipment Vessel, her machinery, cargo handling equipment, boilers, appurtenances and every part of the Equipment spare parts in a good state of repair, repair and in efficient operating condition and in accordance with good commercial maintenance practice (fair commensurate with other vessels in Charterers' fleet of similar size and trade, ordinary wear and tear expectedexcepted; and (ii) Charterers will at their expense keep the Vessel with unexpired classification in accordance with the highest classification of a classification society that is a member of the International Association of Classification Societies as shall previously have been approved by Owners) and so as other required certificates in force and shall make any improvement or structural changes or acquire any new equipment necessary to comply with the provisions requirements of all regulations such classification; and (iii) Charterers shall be at liberty to fit any additional equipment required for the services of Charterers, beyond that on board at the commencement of this Charter, such work to be done at Charterers' expense and requirements on their time, and such equipment may be removed by Charterers at their cost and on their time at any time (statutory provided, however, that such removal does not adversely affect the class or otherwiseseaworthiness of the Vessel) from time to time applicable prior to the Equipmentexpiration or any other termination of the Charter. The Vessel is to be redelivered to Owners in the same condition and class as that in which she is delivered by Owner, wherever ordinary wear and tear excepted and any additional equipment that cannot be or is not so removed shall become the Equipment may be located.property of Owners; and 10.2 The Sub-Lessee (iv) Charterers shall be permitted at its own risk not permit the Vessel to make such substitutions proceed to any port which is then subject to a prohibition by the government of the Registration Jurisdiction or modifications to all or the national government of the port in question; and (v) in the event of hostilities in any part of the Equipment world (including whether war be declared or not) Charterers will not employ the fitting Vessel nor suggest her employment in carrying any goods which are declared contraband nor suffer her to enter or trade to any zone which is declared a War Zone by the War Risks Insurers unless Charterers have made arrangements with the said insurers for the payment of such additional equipmentpremiums as said insurers may require to maintain the relevant insurances in force or in any zone in respect of which the War Risks Insurers have withdrawn cover for the Vessel; and (vi) as are required to ensure Charterers will not use the Equipment's Vessel in any manner or for any purpose excepted from any insurance policy or policies taken out in compliance with Clause 11 hereof or for the DOR purpose of carriage of goods of any description excepted from the said insurance policy or policies and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall not do or permit to be done anything which, nor omit which could reasonably be expected to do anything the omission of which, prejudices invalidate any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment said insurance policy or policies; and (vii) Charterers will not use the Vessel in respect any manner or for any purpose or trade or permit or suffer to be done any act which will prejudice Owners' ownership of the Equipment of Vessel or any part thereof. 10.4 (b) During the Charter Period, Charterers shall at their own expense or by their own procurement man, victual, navigate, operate, supply, fuel and repair the Vessel whenever required and shall, as between themselves and Owners, be responsible for all charges and expenses of every kind and nature whatsoever incidental to their use and operation of the Vessel under this Charter, including any foreign, general, municipal, value added or other taxes except that Charterers shall not be responsible for Owners' documentation costs under clause 6(a) or for Owner Taxes. During the Charter Period, the master, officers and crew of the Vessel shall be engaged and employed by Charterers and shall remain Charterers' servants, navigating, managing and working the Vessel on behalf of and at the risk of Charterers. (c) As between themselves and Owners, Charterers shall also be responsible for any charges and expenses incidental to the use and operation of the Vessel while under requisition for hire, during the Charter Period. The Standby Lessor foregoing provision of this sub-clause shall be without prejudice to the rights of Owners and Charterers against other parties in respect of any such charges or expenses. Charterers shall, subject to the prior written approval of Owners (such approval not to be unreasonably withheld), be entitled to take action in the name of Owners against other parties in respect of such charges or expenses. If as a result of any such action any moneys are received the same shall be recovered by Charterers. (d) Charterers shall make no changes in the structure of the Vessel nor major changes in her machinery, appurtenances, spareparts or boilers without in each instance first securing the written approval of Owners, which approval shall not be unreasonably withheld. Provided that if any such changes are required to meet classification society requirements, applicable regulations and/or any relevant laws Owners shall not withhold such approval and Charterers shall not be obliged to reinstate the Vessel to its condition prior to the making of such changes. (e) Charterers shall drydock the Vessel and clean and paint her underwater parts in accordance with good commercial practice, but not less than as may be required by the relevant classification society as provided in 7(a)(ii) to maintain the Vessel's highest classification. (f) Owners (or such persons as they shall appoint or authorize) shall have the right at all any time on reasonable times notice, and intervals in a manner which shall not interfere with the Vessel's trading requirements to inspect or survey the Equipment Vessel in order to ascertain the condition of the Equipment Vessel and to satisfy itself themselves that the Equipment Vessel is being properly repaired and maintained in accordance with the provisions of this AgreementCharter. The SubInspection or survey in drydock shall be made only when the Vessel is in drydock under the provisions of sub-Lessee shall afford all proper and reasonable facilities for inspectionclause (e) of this Clause. Each party shall bear its own costs in relation to surveys. 10.5 The Sub-Lessee However, Owners shall have the use right to require the Vessel to be drydocked for inspection, if Charterers are not docking her at the required classification intervals. The costs incurred in respect of all such books, manuals, handbooks, data, drawings drydocking and any inspection or survey made under this sub-clause shall be paid by Charterers to Owners. All repairs as shall be shown to be required by any inspection or survey shall be made at Charterers' expense and shall be completed within a reasonable period of time or such other documentation (including updating documentation period as is specified by the relevant classification society referred to include modifications) in regard Clause 7(a)(ii). Time taken in respect of inspection, survey or repairs shall form part of the Charter Period. Charterers shall whenever requested, on reasonable notice, permit Owners to inspect the Vessel's log books and furnish Owners promptly with full information regarding any casualties or other damage to the EquipmentVessel. (g) Owners shall not be liable for any expense in repairing or maintaining the Vessel or be liable to supply a vessel or any part thereof in lieu if the Vessel or any part thereof is lost, damaged, rendered unfit for use, confiscated, seized, requisitioned, restrained or appropriated and the same Charter Hire payable in respect of the Vessel shall continue to be payable notwithstanding loss or their substantial equivalent shall be returned damage (not amounting to a Total Loss) to the Standby Lessor on redelivery in good order Vessel or any part thereof (and condition fair wear and tear alone expected. 10.6 Notwithstanding notwithstanding that the Vessel or any part thereof is rendered unfit for use or is requisitioned for hire). In the event of a Total Loss the provisions of Clauses 10.1 Clause 12 shall apply; (h) Charterers shall not have or be deemed to 10.5have any authority to pledge Owners' credit for any purpose, during the Security Period the Sub-Lessee shall comply with covenants contained in clause 10 including any maintenance overhauls, replacements, repairs and modification of the General AssignmentVessel.

Maintenance and Operation. 10.1 During 6.1 ▇▇▇▇ shall be solely responsible to maintain LICENSEE's Fiber Optic Facilities and the Standby Sub-Lease Period facilities providing the Sub-Lessee Telecommunications Services. LICENSEE shall cooperate with and assist ▇▇▇▇, as reasonably may be required, in performing said maintenance. In the event of service outages or other maintenance request, ▇▇▇▇ agrees to use best efforts to diagnose the issue within three (3) hours of time of notice and repair within six (6) hours of time of notice. 6.2 Notwithstanding anything to the contrary contained herein, LICENSEE shall solely be responsible, at its own expense maintain expense, for the Equipment construction, installation, operation, maintenance, repair and every part any other activity engaged by or on behalf of the Equipment LICENSEE relating to all light communications transmission equipment and other terminal equipment and facilities required in a good state of repair, in efficient operating condition and in accordance with good commercial maintenance practice (fair wear and tear expected) and so as to comply connection with the provisions use, electronics or signals of LICENSEE's Fiber Optic Facilities.. 6.3 ▇▇▇▇ shall be responsible for all regulations necessary splicing on the ▇▇▇▇ Fiber System. Where ▇▇▇▇’▇ Fiber System connects to LICENSEE Fiber Optic Facilities, the associated Addendum will detail and requirements (statutory or otherwise) from time to time applicable to describe the Equipment, wherever the Equipment may be locatedparties’ splicing responsibilities. 10.2 The Sub-Lessee shall be permitted at its own risk to make such substitutions of 6.4 Should LICENSEE perform, authorize, or modifications to all contract any splices or any part of the Equipment (including the fitting of additional equipment) as are required to ensure the Equipment's compliance with the DOR and the Functional Specification and its mobilisation and operation under the Enterprise Contracts. 10.3 The Sub-Lessee shall other work not do anything which, nor omit to do anything the omission of which, prejudices any right which the Standby Lessor may have against a manufacturer or supplier of any part of the Equipment in respect of the Equipment of any part thereof. 10.4 The Standby Lessor shall have the right at all reasonable times and intervals to inspect or survey the Equipment to ascertain the condition of the Equipment and satisfy itself that the Equipment is being properly repaired and maintained in accordance with the provisions of this AgreementAgreement (specifically article 6.1 stating ▇▇▇▇ must do the work), ▇▇▇▇ may at its option correct said condition. The Sub▇▇▇▇ shall notify LICENSEE in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of ▇▇▇▇’▇ facilities, ▇▇▇▇ may perform such work and take such action that it deems necessary without first giving notice to LICENSEE. As soon as practicable thereafter, ▇▇▇▇ shall advise LICENSEE of the work performed and the action taken and shall endeavor to arrange for re-Lessee accommodation of LICENSEE's Fiber Optic Facilities so affected. LICENSEE shall afford promptly reimburse ▇▇▇▇ for all proper reasonable costs incurred by ▇▇▇▇ for all such work, action and reasonable facilities for inspection. Each party shall bear its own costs in relation to surveysre-accommodation performed by ▇▇▇▇. 10.5 The Sub6.5 LICENSEE shall, at its sole cost and expense, promptly respond to and remediate any Hazardous Discharge to and from ▇▇▇▇’▇ Fiber System resulting from LICENSEE's operations. 6.6 ▇▇▇▇ shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, franchises, licenses, state, local or right-Lessee of-way permits or other authorizations required to enter upon the property where ▇▇▇▇’▇ Fiber System is located and to operate and maintain LICENSEE's Fiber Optic Facilities and/or the Telecommunications Services in ▇▇▇▇’▇ Fiber System. LICENSEE will not engage in any activity which affects ▇▇▇▇’▇ right-of-way interests without the written permission of ▇▇▇▇. 6.7 LICENSEE, at its sole cost and expense, shall have the (i) use of all such books, manuals, handbooks, data, drawings and such other documentation (including updating documentation to include modifications) in regard to the Equipment, LICENSEE's Fiber Optic Facilities and the same Telecommunications Services and (ii) conduct all work in or their substantial equivalent shall be returned around ▇▇▇▇’▇ Fiber System in a safe condition and in a manner reasonably acceptable to ▇▇▇▇, so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect ▇▇▇▇’▇ Fiber System or the Standby Lessor on redelivery in good order and condition fair wear and tear alone expectedfacilities placed therein by ▇▇▇▇, or other authorized licensees of the Fiber Optic Facilities. 10.6 Notwithstanding 6.8 LICENSEE must obtain prior written authorization, which such authorization shall not be unreasonably withheld, conditioned or delayed, from ▇▇▇▇ approving any further work and the provisions Party performing such work before LICENSEE shall perform any work in or around the ▇▇▇▇ Fiber System. 6.9 In the event LICENSEE receives information that the Fiber Optic Facilities are damaged, it shall promptly notify ▇▇▇▇ of Clauses 10.1 to 10.5, during said damage by phone at (▇▇▇) ▇▇▇-▇▇▇▇. In the Security Period the Subevent ▇▇▇▇ receives information that LICENSEE’s Fiber Optic Facilities are damaged ▇▇▇▇ will promptly notify LICENSEE of said damage by phone at ▇▇▇-Lessee shall comply with covenants contained in clause 10 of the General Assignment.▇▇▇-▇▇▇▇