Common use of Maintenance by Tenant Clause in Contracts

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain the Premises in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace repair all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant’s obligation to maintain the Premises in good condition and repair shall include any necessary replacements; provided, however, that so long as any such replacement is not required due to the negligence or willful misconduct of Tenant, its agents, employees or invitees, or Tenant’s failure to maintain the Premises, or any portion thereof, in good condition and repair as required herein (in which event, subject to the provisions of paragraph 16 below, Tenant shall be responsible for the full cost of any replacement even if capital in nature), then if any replacements constitute a capital expenditure under generally accepted accounting principles, Landlord shall complete the necessary replacement. The cost of such replacement shall be fully amortized over the useful life of such replacement, with interest thereon at an annual rate equal to the prime rate then published by the Wall Street Journal, plus one percent (1%), and Tenant shall pay Landlord monthly, as Additional Rent, the monthly amortized cost of such replacement. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇Landlord, which approval shall not be unreasonably withheld. ▇▇▇▇▇▇▇▇ Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, make all repairs and corrections within a reasonable period of time at Tenant’s expense, any recommended maintenance and/or repairs to and after thirty (30) days notice pay the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any cost of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC inspections by Landlord’s contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. ThereafterIf no deficiencies are found, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord pay for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that timeinspections. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to the provisions of Except as otherwise expressly provided in Paragraph 12(b2(b)(1) above, this Paragraph 12 and (c)Paragraphs 20 and 21 below, throughout the Term Term, Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairsexpense, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and conditioncondition the Premises (other than the Structural Components of the Building, Common Areas and the Solar Systems (but only if Landlord is required to maintain the Solar Systems pursuant to Exhibit E-3 attached hereto), which shall be Landlord’s duty to maintain pursuant to Paragraph 12(b) below) and Tenant’s Property, including, without limitation, all costs to maintain, repair, and replace all utility lightingthe Premises, or any part thereof and plumbing systems, fixtures and equipmentthe personal property used in conjunction therewith, including without limitation, electricity(a) all costs paid under maintenance, gasmanagement and service agreements such as contracts for janitorial, fire sprinkler security and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premisesrefuse removal, (3b) subject all costs to paragraph 16 hereofmaintain, repair all damage to and replace the roof coverings of the Building or any part thereof, (c) all costs to maintain, repair and replace the Outside Areas caused plumbing, sewer, drainage, electrical, fire protection, escalator, elevator, life safety and security systems, the heating, ventilating and air conditioning (“HVAC”) (subject to the terms of Paragraph 12(b) below), and other mechanical, electrical and communications systems and equipment serving the Premises or any part thereof (collectively, the “Systems”), (d) the cost of all cleaning and janitorial services and supplies, the cost of window glass replacement and repair, (e) the cost of maintenance and replacement of machinery, tools and equipment used in connection with the operation or maintenance of the Premises for which Tenant is responsible, and (f) all costs of all maintenance contracts and fees payable to consultants for the Systems, whether such Systems are or shall be required by Landlord’s insurance carriers, Laws (as hereinafter defined) or otherwise. Further, during the negligence Warranty Period, Tenant shall maintain all items subject to a manufacturer’s warranty or willful misconduct guarantee in accordance with the manufacturer’s requirements so as to not limit or otherwise affect the validity or effectiveness of Tenant any such warranty or guarantee (and Landlord shall be relieved of its agents, employees, contractors obligation to repair any such item pursuant to its warranty under Paragraph 2(b)(1) to the extent it is unable to enforce any such manufacturer’s warranty or inviteesguarantee as a result of the Tenant’s failure to comply with the provisions of this sentence). Tenant shall not do nor shall Tenant allow Tenant’s Agents to do anything to cause any damage, deterioration or unsightliness to the Building and the Outside AreasPremises. Tenant agrees shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair pursuant to Paragraph 2(b)(1), and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord caused as a result of Tenant’s failure to report such condition. Without limiting the foregoing, Tenant, at its expense, shall maintain and pay for continuously throughout the Term a service contract (the “HVAC Service Contract”) with a licensed HVAC repair and maintenance contractor (“HVAC Contractor”) reasonably approved by Landlord, which meets HVAC Service Contract shall provide for the manufacturer’s recommendations periodic inspection and servicing of the HVAC system installed in equipment at least once every sixty (60) days during the Premises Term, and which is approved by ▇▇▇▇▇▇▇▇the preparation of a report of any defective conditions, together with any recommendations for maintenance and repair. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord Tenant shall provide Tenant Landlord with a copy of the Service Contract and each service report prepared by issued thereunder promptly upon mutual execution or receipt thereof. Further, Landlord shall have the right to contract with an independent HVAC repair and maintenance contractor (“Landlord’s HVAC Contractor”), who shall perform an annual survey of the HVAC contractor and Tenant agrees systems to complete, at verify the work performed by Tenant’s expense, any recommended maintenance and/or repairs to HVAC Contractor and the status of the HVAC system set forth in such report within a systems. Tenant shall follow all reasonable time thereafterrecommendations of Tenant’s HVAC Contractor and Landlord’s HVAC Contractor for the maintenance and repair of the HVAC systems. The cost of Landlord’s HVAC Contractor shall be reimbursable to Landlord as an Operating Expense; provided, however, that if in no event shall Tenant disputes be responsible for any portion of the recommended maintenance and/or repairs such cost to the extent it exceeds Ten Thousand Dollars ($10,000) in any given Computation Year. Notwithstanding anything to the contrary herein, if Landlord, in its reasonable discretion, determines that Tenant’s existing HVAC system set forth in Contractor’s work is unsatisfactory, Landlord shall have the HVAC contractor’s reportright to require Tenant to, Tenant shall so notify Landlord within fifteen thirty (1530) days after Tenant’s receipt of such report. Thereafternotice from Landlord, Landlord terminate such existing HVAC Contractor and Tenant shall diligently attempt, in good faith, enter into a new service contract with a different contractor reasonably acceptable to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeLandlord.

Maintenance by Tenant. Subject Tenant agrees to keep the premises and appurtenances thereto including all glass and doors, including all Leasehold improvements made by Landlord or Tenant in good repair, free from filth, overloading, and danger of fire or any nuisance. Tenant shall pay for those failures or damages caused by its neglect or misuse. At the expiration or other termination of this Lease, Tenant shall return to the provisions of Paragraph 12(b) premises to Landlord in as good condition as when received by Tenant, except only for usual wear and use, damage by fire, or other casualty, condemnation, Hazardous Substances (cother than those released or emitted by Tenant), throughout and alterations or other interior improvements which it is permitted to surrender at the Term Tenant shall, at its sole expense and at all times (whether or not such portion termination of the Premises requiring repairs, or Lease. Except for the means of repairing the same, obligations which are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s useresponsibility pursuant to the preceding sentence, any prior use, the elements, or the age of such portion of the Premises), (1) Landlord shall keep and maintain the Premises and the Building in good working order. In addition, conditionLandlord will provide electricity, and repairwater, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricitysewer, gas, fire sprinkler and stand pipeselevator, fire alarms, smoke detection, HVAC, waterjanitorial, and sewerHVAC service to the Premises at the same levels provided to similar office buildings in the area. Notwithstanding anything to the contrary herein, located in or on the PremisesLandlord shall perform and construct, and furnish all expendablesTenant shall have no responsibility to perform or construct, including fluorescent tubesany repair, ballastsmaintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Building, light bulbsor their respective agents, paper goods and soapsemployees or contractors, used in (b) for which Landlord has a right of reimbursement from others, (c) to the structural portions of the Premises, (3d) subject to paragraph 16 hereofwhich could be treated as a “capital expenditure” under generally accepted accounting principles, repair all damage (e) to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agentsheating, employeesventilating, contractors or invitees. Tenant shall not do anything to cause any damageair conditioning, deterioration or unsightliness to the Building electrical, water, sewer, and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in plumbing systems serving the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right Building, and (f) to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition any portion of the HVAC system, Landlord shall provide Tenant with a copy Building outside of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any demising walls of the recommended maintenance and/or repairs to Premises. Notwithstanding the HVAC system set forth in the HVAC contractor’s reportforegoing, Tenant shall so notify Landlord within fifteen pay for its share of the repairs described in subsections (15d) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant - (f) to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system extent such costs are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located properly included in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeOperating Expenses.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b(a) and (c)Tenant agrees that it will, throughout the Term Tenant shall, at its sole expense and at all times during the Term of this Lease and at its own cost and expense, keep (whether or not such portion i) the interior of the Leased Premises requiring repairs, or and the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereofappurtenances thereto, including but not limited to glassthe heating system, air conditioning system, toilets, plumbing lines, windows, window framesglass, door closerselectric lines, locksfixtures, storefrontsstore front and equipment, interior in good condition of repair, making such replacements as may be necessary from time to time, it being expressly understood that Tenant will be obligated to make all repairs and exterior doors and door frames, replacements necessary to keep the Leased Premises and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain appurtenances thereto in good order and condition; and (ii) the Leased Premises and entryways, sidewalks, driveways and delivery areas adjacent to said Leased Premises clean and free from obstruction, rubbish, dirt, snow and ice. (b) Tenant covenants that it will, at its own cost and expense, within a reasonable time after being notified in writing by Landlord of the need therefor, make such repairs to roof, outside walls, windows, store front, doors, gutters and downspouts of the Leased Premises as may be necessary in order to keep such building in good condition of repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused unless said repairs are occasioned by the negligence or willful misconduct act of Tenant Landlord or any of its agents, employeescustomers, contractors employees or inviteescontractors, including, but not limited to, defects in, or the failure of Landlord to fully complete, Landlord’s Work as required pursuant to Paragraph 5 above, in which event such repairs shall be made by and at the expense of Landlord. (c) Tenant shall store all trash, rubbish and garbage in an appropriate manner as reasonably required by the Landlord and Tenant shall place said trash in the outside receptacles provided by Tenant. Tenant shall not do anything to cause burn or otherwise dispose of any damagetrash, deterioration waste, rubbish or unsightliness to garbage in or about the Building Leased Premises. (d) Tenant shall pay for all charges during the Term, as may be extended, for landscape maintenance, pond maintenance, gas, electricity, water and sewer, telephone or other communication or utility used not including those in paragraph 4(c) above, rendered or supplied upon or in connection with the Outside AreasLeased Premises and shall indemnify Owner against any liability or damages on such account. Tenant agrees to maintain and pay for a service contract which meets the manufacturerwill provide proof of payment upon Owner’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timerequest.

Maintenance by Tenant. Subject to (a) Except for damage caused by fire or other insured casualty, the provisions repair of Paragraph 12(b) and (c)which is provided for in Article V, throughout the Term Tenant shall, at its sole expense own expense; (i) maintain and at all times (whether or not such portion of repair the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of Building, including the Building to be maintained by Landlordroof and parking lot, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and conditionfirst class condition in the same manner as a careful and prudent owner would do including, repairwithout limitation, the repair of wear and replace all utility lightingtear which is necessary to maintain the improvements and equipment of the Building in such manner so that they function properly having regard to their nature and purpose for which they are intended to be used or to keep the appearance of the Premises neat, clean and presentable, provided that the Tenant shall not be required to repair any structural defects, unless such structural defects are caused or contributed to by the fault or negligence of the Tenant or those for whom it is in law responsible, in which case the repair of such structural defects shall be the Tenant's responsibility; and (ii) maintain and make such repairs and replacements to the roof (except for structural defects, unless such structural defects are caused or contributed to by the fault or the negligence of the Tenant or those for whom it is in law responsible), equipment, facilities, paved areas, fences, landscaping and other installations forming part of the Building or the Premises, including the Leasehold Improvements, heating, ventilating, air-conditioning, mechanical, electrical and plumbing systems, fixtures and equipmentto keep same in good order and first class condition in the same manner as a careful and prudent owner would do including, including without limitation, electricitythe repair of wear and tear which is necessary to maintain same in such manner so that they function properly having regard to their nature and the purpose for which they are intended to be used or to keep the appearance of the Premises neat, gasclean and presentable. (b) The Landlord may, fire sprinkler with 24 hours prior notice, except in cases of emergency when no notice is required, enter the Premises to view the state of repair. If the Landlord notifies the Tenant of the need for repairs, the Tenant will repair in accordance with such notice, subject to the exceptions set out in subsection (a) above. On the expiration or date of early termination of this lease, the Tenant shall surrender the Premises to the Landlord in broom-swept condition and stand pipesin a good state of repair consistent with the obligations imposed upon the Tenant during the Term. No provision of this subsection (b) shall require the Tenant on the expiration or other termination of this lease to repair reasonable wear and tear, fire alarmsexcept to the extent that repair of wear and tear is necessary to maintain the improvements and equipment of the Building in such manner so that they shall function properly, smoke detection, HVAC, waterhaving regard to their nature and the purpose for which they are intended to be used, and sewerexcept to the extent that repair of wear and tear is necessary to keep the appearance of the Premises neat, located clean and presentable. All repairs required to be made pursuant to this subsection (b) shall be completed prior to the date upon which this lease terminates. (c) If the Tenant is in or default of the provisions of subsections (a) and (b) above, the Landlord may proceed to make the needed repairs and may then charge its costs for so doing to the Tenant for immediate payment on demand. (d) The Tenant shall keep the Premises and the sidewalks and other areas adjacent to the Premises, clean and furnish all expendablesfree of refuse and other obstructions, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in shall comply with any laws governing the condition or cleanliness of the Premises, the sidewalks and such adjacent areas. (3e) subject The Tenant shall not, by its act or omission, permit anything to paragraph 16 hereofoccur in the Premises which shall be or shall result in a nuisance. (f) The Tenant shall promptly comply with the requirements of all laws at any time in force during the Term which affect the condition or use of the Premises. If the Tenant defaults under the provisions of this subsection, repair the Landlord may itself comply with the requirements of this subsection, and the Tenant shall within 20 business days pay all reasonable expenses incurred by the Landlord in so doing. (g) The Tenant shall heat the Building at its own expense to such temperature as may be necessary to prevent damage to the Building or Building, the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building Leasehold Improvements and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeTrade Fixtures.

Maintenance by Tenant. Subject to Any and all repairs, replacements, maintenance and other care of the provisions Leased Premises which are not expressly the responsibility and obligation of Paragraph 12(bthe Landlord under Sections 9(a), 9(c), 9(d) and (c9(e), throughout will be the Term Tenant shall, at its sole expense and at all times (whether or not such portion responsibility of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, all of which will be performed and whether or not the need for such repairs occurs as a result of completed at Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) sole cost and expense all as reasonably necessary to keep and maintain the Improvements in good order, condition, and repairrepair including, without limitation, all repairs, maintenance and replacement to repair and to replace the Premisesmechanical, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, electrical and plumbing systems, fixtures systems and equipment, including without limitation, electricity, gasutility systems, fire sprinkler suppression system, dock door equipment and stand pipesthe heating, fire alarms, smoke detection, HVAC, waterventilation, and sewerair-conditioning systems serving the Leased Premises (collectively, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the “Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafterSystems”); provided, however, that if Tenant disputes any of Tenant’s obligations in connection with the recommended maintenance and/or repairs Building Systems installed pursuant to the HVAC system Landlord’s Work shall be subject to Landlord’s obligations under the One Year Building Systems Warranty set forth in the HVAC contractor’s reportabove . In addition, Tenant shall so notify Landlord within fifteen perform all routine maintenance and upkeep of the Structural Elements of the Leased Premises (15) days after receipt including, without limitation, any painting). Without limiting the generality of such report. Thereafterthe foregoing, Landlord and Tenant shall diligently attemptimplement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises in a safe, clean, and sanitary condition at all times; (ii) a program of grass cutting and landscape maintenance sufficient to keep all landscaped areas in a safe, clean, and sightly condition at all times; (iii) a regularly scheduled program of preventive maintenance and repair of the Building Systems which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good faithorder, condition, and repair at all times; (iv) a regularly scheduled program of sealing, re-topping, and striping all driveways and parking lots which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains all driveways and parking lots in a safe, clean, and sightly condition at all times, including without limitation, (1) sweeping the all driveways and parking lots once in the spring and once in the fall; (2) asphalt patch as needed every 2-3 years; (3) crack fill pavement every 3-5 years; (4) striping every 5 years or as needed due to resolve any dispute over the nature normal wear; and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system(v) proper ice and snow removal that maintains all driveways, parking lots, private drive lanes and sidewalks in a safe condition without causing damage thereto. Tenant shall reimburse Landlord not be responsible for the cost of the inspection of the HVAC system making any repairs occasioned by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property any gross negligence, intentional act, or willful misconduct of Landlord and shall not be removed from the Building by Tenantor its employees, its Agentscontractors, or contractors agents, all of which repairs shall be made promptly by Landlord at any timeits cost and expense.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) Except for Landlord's obligations described in Section 12 above and (c)any janitorial services provided by Landlord under Section 9 above, throughout the Term Tenant shallTenant, at its Tenant's sole expense cost and at all times (whether or not such portion of the Premises requiring repairsexpense, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) will keep and maintain the Premises in good ordergood, conditionclean, sanitary, neat and fully operative condition and repair, reasonable wear and to tear and damage by casualty (which shall be governed by Section 24 hereof) excepted, which obligations of Tenant will include, without limitation, the maintenance, repair and to replace replacement of all: (a) interior surfaces of exterior walls and demising walls; (b) interior walls, moldings, partitions and ceilings; (c) carpeting; (d) non-structural interior components; (e) interior windows, plate glass and doors; (f) kitchen or break-room fixtures, appliances and equipment; and (g) Tenant's personal property situated in the Premises. Tenant will also pay or reimburse Landlord for (or, at Landlord's option, perform) the repair or replacement of any waste or excessive or unreasonable wear and every part thereoftear to the Premises or the Complex caused or permitted by Tenant. Any repairs or replacements performed by Tenant pursuant to this section must be at least equal in quality and workmanship to the original work, be in accordance with all Laws and comply with Landlord's sustainability practices, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions any third-party rating systems concerning environmental compliance of the Building to be maintained by Landlordor Complex, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in the same may change from time to time. At the expiration or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct early termination of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s reportLease, Tenant shall so notify deliver up the Premises to Landlord within fifteen in as good condition as at the Commencement Date or the completion of any "Alterations" (15as defined below) days after receipt of such report. Thereafter, that are not required to be removed or restored by Landlord and Tenant shall diligently attemptin accordance with Section 15 hereof, in good faithall cases, to resolve any dispute over the nature ordinary wear and extent of any repairs and/or maintenance to be completed tear and damage by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor fire or casualty loss (unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building caused by Tenant) excepted; it being understood that there are separate Commencement Dates for Phases I and II, its Agents, or contractors at any timerespectively.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term The Tenant shall, at its sole expense all times, keep the Leased Premises (including maintenance of exterior entrances, all glass, show window moldings and at frames, delivery doors and loading docks) and all times partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and equipment, sewer systems and any air-conditioning system exclusively serving the Leased Premises whether located inside or not such portion of outside the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Leased Premises), (1) keep and maintain in good order, conditioncondition and repair (including reasonable periodic painting as determined by the Landlord), damage by unavoidable casualty excepted, except for structural portions of the Leased Premises, which shall be maintained by the Landlord. The Tenant further agrees to keep the inside and repairoutside of all glass in doors and windows of the Leased Premises cleaned; to replace promptly at its own expense with glass of a like kind and quality any plate glass or window glass of the Leased Premises which may become cracked or broken; not to place or maintain any merchandise or other articles on the foot walk adjacent thereto or elsewhere on the exterior thereof; to maintain the Leased Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; not to permit accumulations of garbage, trash, rubbish, litter and other refuse in the Leased Premises and the immediately adjacent portion of the Shopping Center, to remove the same at its own expense, and to repair keep such refuse in proper containers (or in trash room maintained by Tenant) on the exterior of the Leased Premises until called for it to be removed; to keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the confines of the Leased Premises; not to replace cause or permit objectionable odors to emanate or be dispelled from the Leased Premises; to comply with all laws and ordinances and all valid rules and regulations of any Federal, state, municipal or public authority having jurisdiction with respect to the Leased Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and conduct its business in the interior Leased Premises in all respects in a dignified manner in accordance with high standards of store operation. In the Premises event the Landlord is required to make repairs: (excepting only those i) to structural portions of the Building Leased Premises by reason of Tenant's negligent acts or negligent omissions to be maintained by Landlordact, as provided in Paragraph 12(cor (ii) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building Common Areas and Facilities of the Shopping Center by reason of the acts of Tenant, its employees or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and Landlord may add the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations cost of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or such repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeRent.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and shall at all times tunes maintain the Premises and all floors coverings, ceiling title and grid, interior walls, partitions, doors, windows and glass, fixtures, equipment and appurtenances thereof (whether including lighting, plumbing fixtures and heating, air conditioning, ventilating, electrical and fire detection and protection systems installed by Landlord or not such portion Tenant solely serving the Premises and including leaks around ducts, pipes, vents or other parts of the heating, air conditioning, ventilating and plumbing systems that solely serve the Premises which protrude through the roof of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, conditionappearance, condition and repair, reasonable wear and tear excepted, including all necessary replacements of any and all of said facilities. Anything in the foregoing to repair the contrary notwithstanding. Landlord shall maintain those portions, if any, of any fire protection systems that jointly serve the Premises and any other leased premises in the Village Center. Should Tenant fail to replace the Premisesperform any such maintenance or to make any such repairs or replacements, then. Landlord may, but shall not be obligated to, perform such maintenance and/or make such repairs and/or replacements for, on behalf of, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door framesat the expense of Tenant, and the interior Tenant shall be obligated forthwith within ten (10) days of the Premises (excepting only those portions of the Building to be maintained written demand by Landlord, to pay to Landlord, as Additional Rent hereunder, all such expenses paid and/or incurred by Landlord, plus ten percent (10%) of such expenses for overhead and supervision. In addition to the foregoing. Tenant shall be obligated on or prior to the Commencement Date to enter into, and at all time during the Term of the Lease, to maintain in full force and effect, a HVAC System maintenance and service agreement and a pest control contract, and in each case with a contractor and under a service agreement reasonably acceptable to Landlord, If Tenant shall fail to enter into or to maintain in full force and effect or to pay for such contract and falls to cure the same within the applicable cure period, then, at Landlord’s option, tenant shall be in default hereunder and Landlord shall have the right in addition, and without prejudice to all other rights and remedies available to Landlord, to contract for such services on Tenant’s behalf and to pay any sums due to maintain such contract in force, and Tenant shall be obligated, forthwith upon demand, to pay to Landlord as Additional Rent the total sum of expenses so incurred by Landlord plus interest thereon from the date of payment at the rate set forth in Section 3.06 hereof. Landlord represents that, to the best of Landlord’s knowledge, as of the Commencement Date, the HVAC System is in good working order and repair. The Tenant shall provide maintenance in connection with the generator, elevator and security system as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (Article 3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) Unless Landlord has such responsibility as specifically and (c)expressly elsewhere provided in this Lease, throughout the Term Tenant shall, at its sole expense and agrees at all times (whether or not such portion from and after delivery of the Premises requiring repairs, or the means possession of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and at its sole cost and expense, to repair, replace, and maintain in tenantable condition, reasonably satisfactory to Landlord (including reasonably periodic painting as determined by Landlord), the Premises and every part thereofof them, including but not limited to glassincluding, windowswithout limitation, the utility lines exclusively serving the Premises, the utility meters, pipes and conduits, all fixtures, air conditioning and heating equipment exclusively serving the Premises and other equipment in them, the storefront(s), all signs, locks and closing devices, and all window sashes, casements, or frames, door closers, locks, storefronts, interior and exterior doors and door frames, floor coverings, including carpeting, terrazzo, or other special floorings, ceiling and ceiling tile, and all such items of repair, maintenance, replacement, alteration, and improvement or reconstruction as may at any time or from time be required by a governmental agency having jurisdiction. All glass, both exterior and interior, is at the interior sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of the Premises (excepting only those portions of the Building to be maintained by Landlordsame kind, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repairsize, and replace all utility lightingquality, or as required by the then applicable law. Tenant shall maintain the sidewalks, ramps, and plumbing systemsexterior areas immediately adjoining the Premises in a clean condition free of snow, fixtures and equipmentice, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, waterdirt, and sewer, located rubbish and shall not place or permit any objects in or on those areas without Landlord’s permission. Upon any surrender of the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything redeliver the Premises to cause any damageLandlord broom clean, deterioration in tenantable condition (satisfactory to Landlord) and in a complete state of repair, ordinary wear and tear excepted. If Tenant refuses to perform or unsightliness to the Building and the Outside Areas. Tenant agrees neglects its obligations to maintain and repair as required, to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand (except in the case of emergency, where no demand shall be required), Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason of such repairs, and upon completion of them, Tenant shall pay Landlord’s costs for a service contract which meets the manufacturer’s recommendations making such repairs plus fifteen percent (15%) for overhead, upon presentation of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC systemfor them. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system obligations set forth in such report within this Section 10.1 form a reasonable time thereafter; provided, however, that if Tenant disputes any material part of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s reportconsideration for this Lease, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, waives all rights to resolve any dispute over make repairs at the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property expense of Landlord and shall not be removed from the Building as provided by Tenantany law, its Agents, statute or contractors at any timeordinance now or later in effect.

Maintenance by Tenant. Subject to (a) Except for damage caused by fire or other insured casualty, the provisions repair of Paragraph 12(b) and (c)which is provided for in Article V, throughout the Term Tenant shall, at its sole expense own expense: (i) subject to paragraph (ii) below, maintain and at all times (whether repair the interior and the exterior and the structure of the Building in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of wear and tear which is necessary to maintain the improvements and equipment of the Building in such manner so that they function properly having regard to their nature and purpose for which they are intended to be used or not such portion to keep the appearance of the Premises requiring repairsneat, clean and presentable. Notwithstanding the foregoing, the Tenant’s repair obligation aforesaid shall apply during the Term and any extension, provided that upon the expiration of the Term or any extension, the Tenant shall be required to leave the Premises in the same condition as on the Commencement Date, assuming that all construction pursuant to Section 1.03(b) had been completed; and (ii) maintain and make such repairs and replacements to the structure, roof, equipment, facilities, paved areas, fences, landscaping and other installations forming part of the Building or the means Premises to keep same in good order and first class condition in the same manner as a careful and prudent owner would do including, without limitation, the repair of repairing wear and tear which is necessary to maintain same in such manner so that they function properly having regard to their nature and the samepurpose for which they are intended to be used or to keep the appearance of the Premises neat, are reasonably clean and presentable. Notwithstanding the foregoing, the Tenant shall not be required to replace the structure of the Building or readily accessible to Tenantthe roof, and whether or the Landlord will replace, at its sole cost, if same cannot be repaired, the structure of the Building and the roof. (b) The Landlord may enter the Premises to view the state of repair. If the Landlord notifies the Tenant of the need for such repairs occurs as a result of Tenant’s use, any prior userepairs, the elementsTenant will repair in accordance with such notice, subject to the exceptions set out in subsection (a) above. On the expiration or date of early termination of this lease, the age Tenant shall surrender the Premises to the Landlord in a good state of repair consistent with the obligations imposed upon the Tenant during the Term. No provision of this subsection (b) shall require the Tenant on the expiration or other termination of this lease to repair reasonable wear and tear, except to the extent that repair of wear and tear is necessary to maintain the improvements and equipment of the Building in such portion manner so that they shall function properly, having regard to their nature and the purpose for which they are intended to be used, and except to the extent that repair of wear and tear is necessary to keep the appearance of the Premises neat, clean and presentable. All repairs required to be made pursuant to this subsection (b) shall be completed prior to the date upon which this lease terminates. (c) If the Tenant is in default of the provisions of subsections (a) and (b) above, the Landlord may proceed to make the needed repairs and may then charge its costs for so doing to the Tenant for immediate payment on demand. (d) The Tenant shall keep the Premises and the sidewalks and other areas adjacent to the Premises clean and free of refuse and other obstructions, and shall comply with any laws governing the condition or cleanliness of the Premises). The Tenant shall also, (1) keep at its own expense, operate and maintain the Lands and parking areas, entrance areas, driveways, walkways, ramps and landscaped areas on the Lands in good ordera proper and first class manner. (e) The Tenant shall not, conditionby its act or omission, and repair, and permit anything to repair and to replace occur in the Premises which shall be or shall result in a nuisance. (f) The Tenant shall promptly comply with the requirements of all laws at any time in force during the Term which affect the condition or use of the Premises, and with every part thereofreasonable recommendation or requirement of the Insurers Advisory Organization (as determined from time to time by the Landlord), including but not limited to glassor by any recognized body having similar functions, windowsor any insurance company by which either the Landlord or the Tenant may be insured during the Term. If the Tenant defaults under the provisions of this subsection, window frames, door closers, locks, storefronts, interior and exterior doors and door framesthe Landlord may itself comply with the requirements of this subsection, and the interior of Tenant shall pay all expenses (including insurance premiums) incurred by the Premises Landlord in so doing on demand. (excepting only those portions of g) The Tenant shall heat the Building at its own expense to such temperature as may be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject necessary to paragraph 16 hereof, repair all prevent damage to the Building or Building, the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building Leasehold Improvements and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeTrade Fixtures.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c12(c), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below)), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph Paragraph 16 hereof, repair all damage to the Building or the Outside Areas Area caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and or the Outside AreasArea. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of for the HVAC system air conditioning, heating and ventilating systems installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇Landlord (the “HVAC Contract”). ▇▇▇▇▇▇▇▇ Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC air conditioning, heating, and ventilating system. If this contractor finds deficiencies in the condition of the HVAC this system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, make all repairs and corrections within a reasonable period of time at Tenant’s expense, any recommended maintenance and/or repairs to and after thirty (30) days notice pay the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any cost of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC inspections by Landlord’s contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. ThereafterIf no deficiencies are found, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord pay for the cost of the inspection inspections. Notwithstanding the foregoing, during the first twelve (12) months of the Term of this Lease, Landlord shall pay to Tenant the amount of $2,635 per month (which amount represents the cost differential between an Airco standard HVAC system service contract and an Airco “Guaranteed Lifetime Program” HVAC service contract) to cover a portion of the cost of any HVAC Contract required to be maintained by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located hereunder; provided, that, in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property lieu of Landlord making such payments to Tenant in cash each month during such 12-month period, an amount equal to $2,635 shall be credited against each monthly Additional Rent payment due and shall not be removed from the Building payable by Tenant, its Agents, or contractors at any timeTenant during such 12-month period.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) and (c)Except as otherwise expressly provided in Section 9.1 above, throughout the Term Tenant shall, at its sole expense and shall at all times keep the entire Premises and every part thereof including all entrances and vestibules and all slabs, exterior walls, columns, beams, roof and all other structural and non-structural elements, partitions, windows and window frames and moldings, glass, doors, door openers, fixtures including leasehold improvements, equipment and appurtenances thereof (whether or not such portion including lighting, heating, electrical, plumbing (including applicable greasetraps), life safety, security systems, duct work, ventilating, air conditioning fixtures and systems, and any other component of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace HVAC system within the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior other mechanical equipment and exterior doors appurtenances) and door framesall other parts of the Premises, and parts of Tenant’s Work not on the interior of the Premises (excepting only those portions of the Building Premises, if any, not required herein to be maintained by Landlord, as provided in Paragraph 12(c) below)good order, condition and repair and clean, orderly, sanitary and safe, damage by unavoidable casualty and repairs that are occasioned by the willful misconduct and/or gross negligence of Landlord excepted, (2) keep including, but not limited to, doing such things as are necessary to cause the Premises to comply with applicable laws, ordinances, rules, regulations and maintain in good order orders of governmental and conditionpublic bodies and agencies, repair, and replace all utility lighting, and plumbing systemssuch as but not limited to OSHA). If replacement of equipment, fixtures and appurtenances thereto is necessary to comply with the prior sentence, Tenant shall replace the same with new or completely reconditioned equipment, including without limitation, electricity, gas, fire sprinkler fixtures and stand pipes, fire alarms, smoke detection, HVAC, waterappurtenances, and sewer, located repair all damages done in or on by such replacement. Without limiting the Premisesforegoing and if applicable, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to completeshall, at Tenant’s expenseexpense and at such times as Landlord deems appropriate, utilize Landlord’s designated contractor (so long as its charges are commercially reasonable) to clean any recommended maintenance and/or repairs kitchen exhaust systems and ducts on the Premises. All such work shall be performed subject to the HVAC system set forth in Landlord’s standards and Tenant shall, following each such report cleaning, provide Landlord with photographs and other certificates and receipts satisfactory to Landlord evidencing that such cleaning has been conducted. If Tenant fails to perform Tenant’s obligations hereunder within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen five (155) days after receipt of such report. Thereafterwritten demand by Landlord, Landlord without further notice may, but shall not be obligated to perform Tenant’s obligations or perform work resulting from Tenant’s acts, actions or omissions and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for add the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs same to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located next installment of Minimum Monthly Rent due hereunder to be repaid in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timefull.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(b) Landlord’s maintenance and (c)repair obligations set forth in Section 7.1, throughout the Term Tenant shallTenant, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s useexpense, any prior use, the elements, or the age of such portion of the Premises), (1) will keep and maintain in good order, condition, condition and repair, and repair the improvements to repair and to replace the Premises, Premises and every part thereof, including but including, without limiting the generality of the foregoing, lighting facilities and equipment within the Premises, any intra-Building telephone and network cabling installed to exclusively serve the Premises, whether or not limited to glassfully contained within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate and window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and glass (except the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) belowexterior), (2) keep and maintain in good order and conditionmoldings, repairfloor covering, and replace all utility lightingwater coolers, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in whether installed or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, owned by Landlord or Tenant. Tenant will repair all damage or injury to the Building or to fixtures, appurtenances, and equipment of the Outside Areas Building caused by the negligence Tenant’s installation or willful misconduct removal of Tenant its property or resulting from any acts or conduct of Tenant, its employees, contractors, agents, employeeslicensees, contractors or invitees. In the event that Tenant fails to keep and maintain the Premises in good order, condition and repair while this Lease is in effect, and Tenant fails to make necessary maintenance and repairs as soon as commercially reasonable after notice by Landlord, then Landlord may, if the same remains uncured within thirty (30) days after written notice to Tenant, restore the Premises to such good order and condition and make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s property or business by reason thereof, and Tenant will pay Landlord upon demand as Additional Rent the cost of restoring the Premises to such order and condition (and included in such cost will be an eight (8%) percent for overhead and administration fee). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance and repair cannot be completed within thirty (30) days following Landlord’s notice to Tenant, but Tenant undertakes such maintenance and repair within such thirty (30) day period and diligently pursues same to completion, Landlord shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves have the right to hire a licensed HVAC contractor to inspect annually restore or repair the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timePremises as provided herein.

Maintenance by Tenant. Subject to Throughout the provisions of Paragraph 12(b) and (c)Term, throughout the Term Tenant shall, at its sole expense expense, subject to Paragraphs 5(a) and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises)13(b) hereof, (1) keep and maintain in good order, condition, order and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of condition the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below)and Tenant’s Property, (2) keep and maintain in good order and condition, repair, condition as well as repair and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located of Tenant’s security systems in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in about or serving the Premises, (3) subject to paragraph 16 hereofmaintain and replace all specialty lamps, bulbs, starters and ballasts in the Premises, (4) maintain the regular removal of trash from the Premises by undertaking normal interior cleaning and janitorial services ensuring the good, orderly and sanitary condition of the Premises and Tenant’s property and (5) maintain, repair all damage and replace any heating, ventilating, air conditioning exclusively serving the Premises (the “Premises HVAC”). To the extent any repairs or replacements required to be made by Tenant hereunder constitute a Capital Expenditure, Landlord shall reimburse Tenant, within ten (10) days following demand, a fraction of Tenant’s actual out-of-pocket costs for such Capital Expenditure, the numerator of which shall equal the estimated useful life (in months) of such Capital Expenditure minus the number of months remaining in the Term subsequent to the Building Capital Expenditure, and the denominator of which shall be the estimated useful life (in months) of such Capital Expenditure. For purposes of this Lease, a “Capital Expenditure” means any expenditure for the acquisition of fixed or capital assets with respect to, or additions to, the Outside Areas caused by Premises (including replacements, capitalized repairs and improvements) which are required to be capitalized under generally accepted accounting principles. Tenant at all times shall keep in place a maintenance contract for the negligence or willful misconduct regular maintenance of the Premises HVAC. Landlord shall transfer all Premises HVAC warranties to Tenant or its agents, employees, contractors or inviteeswithin thirty (30) days of the Commencement Date. Tenant shall not do nor shall Tenant allow Tenant’s Agents to do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in or the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any time.

Maintenance by Tenant. Subject to the provisions of Paragraph 12(bParagraphs 12(c) and (c12(d), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, condition, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises Premises, (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph Paragraph 16 hereof, repair all damage to the Building or the Outside Areas which is caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to shall maintain and pay for at all times during the Term of this Lease (including the Warranty Period (defined below)), at Tenant’s expense, a service contract for the maintenance and repair of the HVAC system serving the Building which meets the manufacturer’s recommendations of the HVAC system installed in the Premises therefor and which contract is approved by ▇▇▇▇▇▇▇▇Landlord. ▇▇▇▇▇▇▇▇ Landlord reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this the HVAC contractor finds any deficiencies in the condition of the HVAC system, Tenant agrees to make all repairs and corrections within a reasonable period of time at Tenant’s expense, and after thirty (30) days notice pay the cost of the inspections by Landlord’s contractor. If no deficiencies are found in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any of the recommended maintenance and/or repairs to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen (15) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord pay for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeinspections.

Maintenance by Tenant. Subject to The TENANT shall be wholly responsible for the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether or not such portion routine interior maintenance of the Premises requiring repairsleased premises, and will keep them in as good condition as when originally occupied by TENANT, reasonable wear and tear and damage by fire and the elements excepted; and will keep them in an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; will neither do nor permit to be done therein anything which is in violation of the terms of insurance policies on said building or the means of repairing the samelaws or ordinances applicable thereto; will neither commit nor suffer waste in said premises and will pay for all glass, are reasonably broken by its fault or readily accessible to Tenantanothers, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements, negligence or the age fault or negligence of such portion its employees, invitees, customers or agents. It is agreed that the routine maintenance and repair obligations of the Premises), (1) keep and maintain in good order, condition, and repair, and TENANT hereunder shall extend to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, all interior and exterior doors and door frames, and the interior of the Premises (excepting only those pans or portions of the Building to be maintained by Landlordleased premises including glass, as provided in Paragraph 12(c) below), (2) keep entrance and maintain in good order overhead garage doors and condition, repairrelated hardware, and replace including all utility lightingportions of the heating, air conditioning, plumbing, sprinklers, electrical and plumbing systemsmechanical fixtures, fixtures and equipment, including without limitationconnections and appurtenances, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused except as such items may be covered by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to complete, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereaftermanufacturer warranties; provided, however, it is understood and agreed that if Tenant disputes all such items shall be of good quality and in operating condition at the commencement of this Lease. Landlord will warranty all existing mechanical equipment in the demised premise until August 31, 2007, TENANT shall at all times keep the leased premises in a neat and clean condition and free from garbage, ashes, waste and accumulation of rubbish or filth, and all garbage, waste, and rubbish shall be removed promptly by TENANT at its own expense. TENANT shall keep the sidewalks directly adjoining the leased premises swept and free from ice and snow and other obstructions. In the event the TENANT fails to perform any act required of TENANT under this Lease after receiving written notice from LANDLORD, the recommended maintenance and/or repairs LANDLORD may, in addition to any other remedy provided herein, perform or satisfy the obligation of TENANT which is in default and the reasonable cost thereof shall become an amount immediately due from the TENANT to the HVAC system set forth in the HVAC contractor’s report, Tenant shall so notify Landlord within fifteen LANDLORD with interest thereon at Ten percent (1510%) days after receipt of such report. Thereafter, Landlord and Tenant shall diligently attempt, in good faith, to resolve any dispute over the nature and extent of any repairs and/or maintenance to be completed by Tenant to the HVAC system. Tenant shall reimburse Landlord for the cost of the inspection of the HVAC system by the HVAC contractor unless Landlord and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that time. Tenant acknowledges that the HVAC system for the Building is operated by a personal computer and related software located in an electrical room in the Building. Tenant further acknowledges that the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, or contractors at any timeper annum until paid.

Maintenance by Tenant. Subject Except for the items specifically set forth in Section 10 as Management’s obligations, neither Management nor Owner shall have any responsibility to the provisions of Paragraph 12(b) and (c), throughout the Term Tenant shall, at its sole expense and at all times (whether repair or not such portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, maintain any prior use, the elements, or the age of such portion of the Premises), (1) keep and maintain in good order, conditionsuch being the sole responsibility of Tenant, and repair, and to repair and to replace the Premises, and every part thereof, including but not limited to glass, windows, window frames, door closers, locks, storefronts, interior and exterior doors and door frames, and the interior of the Premises (excepting only those portions of the Building to be maintained by Landlord, as provided in Paragraph 12(c) below), (2) keep and maintain in good order and condition, repair, and replace all utility lighting, and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, fire sprinkler and stand pipes, fire alarms, smoke detection, HVAC, water, and sewer, located in or on the Premises, and furnish all expendables, including fluorescent tubes, ballasts, light bulbs, paper goods and soaps, used in the Premises, (3) subject to paragraph 16 hereof, repair all damage to the Building or the Outside Areas caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not do anything to cause any damage, deterioration or unsightliness to the Building and the Outside Areas. Tenant agrees to maintain and pay for a service contract which meets the manufacturer’s recommendations of the HVAC system installed in the Premises and which is approved by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ reserves the right to hire a licensed HVAC contractor to inspect annually the HVAC system. If this contractor finds deficiencies in the condition of the HVAC system, Landlord shall provide Tenant with a copy of the report prepared by the HVAC contractor and Tenant agrees to completeshall, at Tenant’s expense, any recommended maintenance and/or repairs to the HVAC system set forth in such report within a reasonable time thereafter; provided, however, that if Tenant disputes any keep and maintain all aspects and areas of the recommended maintenance and/or repairs to Premises in good repair and in a sanitary, clean, and aesthetically pleasing condition. Tenant shall maintain the HVAC system set forth Premises in the HVAC contractor’s reportcompliance with all applicable statutes, laws, ordinances, and regulations. In particular, but not by way of limitation, Tenant shall so notify Landlord within fifteen (15) days after receipt keep the sinks, faucets, light fixtures, toilets, doors, locks, hardware carpeting, ceilings, flooring, windows, window coverings, interior walls, fences and fixtures in, or, or about the Premises in good and working condition and repair and shall keep the Premises free from all rubbish and debris. Tenant shall use all fixtures, appliances, and facilities located at the Premises in a reasonable manner. Tenant shall pay for all damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of such reportTenant or Tenant’s guests, agents, invitees, or licensees. ThereafterAny failure by Tenant to comply with the terms of this Section 11 is a “misuse” of the Premises. Tenant shall pay, Landlord as additional Rent, immediately upon Management’s request, all of Owner’s and Management’s costs and expenses resulting from any damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees immediately upon request from Management. If the Premises are not kept in the manner required by this Lease, then Management, or its agents, may enter the Premises without interference with Tenant’s possession of the Premises, and Management may then place the Premises, as applicable, in the same condition of repair and cleanliness as is necessary to comply with this Section, and Tenant shall diligently attemptpay, as additional Rent, Management’s and Owner’s expenses for such repairs and maintenance, and the amount of such expenses may be offset from the Security Deposit as provided in good faiththis Lease. The Premises are equipped with one or more smoke detection devices, and Tenant is responsible for replacing the batteries in those devices and must promptly report to resolve Management any dispute over the nature and extent of any problems with, or maintenance or repairs and/or maintenance to be completed by needed in connection with such devices. In addition, Tenant to the HVAC system. Tenant shall reimburse Landlord is solely responsible for the cost conduct and safety of the inspection of the HVAC system by the HVAC contractor unless Landlord all inhabitants, guests, invitees, licensees, and Tenant determine that no maintenance and/or repairs to the HVAC system are required at that timetrespasses. Tenant acknowledges and agrees that the HVAC system Management is not responsible for the Building is operated by a personal computer condition of the Premises and expressly and unconditionally agrees to release, hold harmless and indemnify Management for any causes of action arising out of this Lease, related software located in an electrical room in to the Building. Tenant further acknowledges that condition of the personal computer and software are the property of Landlord and shall not be removed from the Building by Tenant, its Agents, Premises or contractors at any timeregarding damage or injury to persons or property.