Common use of Repair and Yield Up Clause in Contracts

Repair and Yield Up. Except as otherwise provided in Article VI and Section 4.1.1, to keep the Premises and all Building systems within the Premises in reasonably good order, repair and condition, reasonable wear and tear only excepted, and all glass in windows (except glass in exterior walls unless the damage thereto is attributable to Tenant’s negligence or misuse and not otherwise covered by Landlord’s property insurance pursuant to Section 5.7 below) and doors of the Premises whole and in reasonably good condition with glass of the same quality as that injured or broken, damage by fire only excepted, and at the expiration or termination of this Lease peaceably yield up the Premises and all alterations and additions thereto in reasonably good order, repair and condition, reasonable wear and tear excepted, unless removal of any such alterations and additions (including partitions) is previously agreed in writing by Landlord and Tenant at the time Landlord consents to such alteration (in the event Landlord’s consent is required), in which case all such alterations and additions shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the Premises to the condition existing prior to installation of such alteration or addition, and leave the Premises clean and neat. Tenant further covenants to periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 C▇▇▇▇▇ Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating to any particular component of such systems. Tenant shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Tenant shall maintain preventive maintenance records relating to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of any and all such systems serving the 18 C▇▇▇▇▇ Premises as of the date of this Lease, as well as any such system(s) installed by Tenant during the term of this Lease. Tenant shall also be responsible, at its sole cost and expense, for obtaining and maintaining any and all licenses, permits, and approvals required in connection with said systems. In connection with Tenant’s maintenance of said systems, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) for the maintenance of said system in accordance with best practices. Tenant and its agents, contractors, subcontractors, servants, employees, licensees or invitees shall use said systems in accordance with all terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that the installation, operation, maintenance, repair and/or removal of any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the operation of any such systems, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Tenant shall not remove any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 C▇▇▇▇▇ Premises to the condition existing prior to installation of such system.

Repair and Yield Up. Except as otherwise provided in Article VI and Section 4.1.14.3, to keep the Premises and all Building systems within the Premises in reasonably good order, repair and condition, reasonable wear and tear only excepted, and all glass in windows and doors (except glass in exterior walls of the Building unless the damage thereto is attributable to Tenant’s negligence or misuse and not otherwise covered by Landlord’s property insurance pursuant to Section 5.7 belowmisuse) and doors of the Premises whole and in reasonably good condition with glass of the same quality as that injured or broken, damage by fire only excepted, and at . At the expiration or termination of this Lease peaceably the Term, Tenant shall yield up the Premises Tenant’s Space, and in each case along with all alterations and additions thereto (other than alterations and additions which Landlord, at the time it granted consent to the alteration or addition in reasonably question, required be removed at the expiration of the Term, which alterations or additions Tenant shall remove, repairing any damage caused by such removal), in good order, repair and condition, reasonable wear and tear excepted, unless removal first removing all goods and effects of any such alterations Tenant which Tenant elects to remove. All articles of personal property and additions all trade fixtures, office machines and equipment (including partitionswithout limitation all those items listed in Section 1.1(b) is previously agreed in writing by of that certain Purchase Agreement between Landlord and Tenant at the time Landlord consents to such alteration (in the event Landlord’s consent is required), in which case all such alterations and additions shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the Premises to the condition existing prior to installation of such alteration or addition, and leave the Premises clean and neat. Tenant further covenants to periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 C▇▇▇▇▇ Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating to any particular component of such systems. Tenant shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Tenant shall maintain preventive maintenance records relating to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of any and all such systems serving the 18 C▇▇▇▇▇ Premises dated as of the date of this Leasehereof (the “Purchase Agreement”)), as well as any such system(s) furniture and movable partitions owned by Tenant or installed by Tenant at its expense in Tenant’s Space shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this LeaseInitial Term or applicable Extension Terms, or may be left by Tenant upon the expiration thereof. Tenant shall also be responsible, at its sole cost and expense, currently has a wastewater discharge permit for obtaining and maintaining any and all licenses, permits, and approvals required in connection with said systems. In connection with Tenant’s maintenance of said systems, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable the Building which it will transfer to Landlord) for . Landlord shall maintain the maintenance of said system in accordance wastewater discharge permit with best practices. Tenant and its agents, contractors, subcontractors, servants, employees, licensees or invitees shall use said systems in accordance with all current terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with for the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that the installation, operation, maintenance, repair and/or removal of any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out duration of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the operation of any such systems, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Tenant shall not remove any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 C▇▇▇▇▇ Premises to the condition existing prior to installation of such systemTerm.

Repair and Yield Up. Except as otherwise provided in Article VI and Section 4.1.1, to Sublessee shall keep the Premises and all Building systems within the Premises in reasonably good order, repair and condition, reasonable wear and tear tear, damage to the Building, generally (as opposed to damage primarily to the Premises) and damage by fire or other insured casualty damage, by eminent domain and damage caused by any failure by Sublessor to perform its obligations under this Sublease or of Prime Lessor of its obligations under the Prime Lease, only excepted, and all glass in windows (except glass in exterior walls unless the damage thereto is attributable to Tenant’s Sublessee's negligence or misuse and not otherwise covered by Landlord’s property insurance pursuant to Section 5.7 belowmisuse) and doors of the Premises whole and in reasonably good condition with glass of the same quality as that injured or broken, damage by fire only excepted, and at the expiration or termination of this Lease Sublease peaceably to yield up the Premises and all alterations and additions thereto thereto, in reasonably good order, repair and condition, reasonable wear and tear tear, damage to the Building, generally (as opposed to damage primarily to the Premises) and damage by fire or other insured casualty damage, by eminent domain and damage caused by any failure by Sublessor to perform its obligations under this Sublease or of Prime Lessor of its obligations under the Prime Lease, only excepted, unless removal first removing all goods and effects of any such Sublessee and, to the extent specified by Sublessor by notice to Sublessee, alterations and additions (including made by Sublessee and partitions) is previously agreed in writing by Landlord and Tenant at the time Landlord consents to such alteration (in the event Landlord’s consent is required), in which case all such alterations and additions shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair repairing any damage caused by such removal and restore restoring the Premises to and leaving them clean and neat. Notwithstanding the condition existing foregoing, prior to installation of such undertaking any alteration or addition, and leave the Premises clean and neat. Tenant further covenants Sublessee may inquire of Sublessor whether, upon expiration of this Sublease, such alteration or addition will be required to periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Leasebe removed, and keep the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than within fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 C▇▇▇▇▇ Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating to any particular component of such systems. Tenant inquiry, Sublessor shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of respond to such systems. Tenant shall maintain preventive maintenance records relating inquiry such response to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of any and all such systems serving the 18 C▇▇▇▇▇ Premises as of the date of this Lease, as well as any such system(s) installed by Tenant during the term of this Lease. Tenant shall also be responsible, at its sole cost and expense, for obtaining and maintaining any and all licenses, permits, and approvals required in connection with said systems. In connection with Tenant’s maintenance of said systems, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) for the maintenance of said system in accordance with best practices. Tenant and its agents, contractors, subcontractors, servants, employees, licensees or invitees shall use said systems in accordance with all terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that the installation, operation, maintenance, repair and/or removal of any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the operation of any such systems, and Tenant hereby waives any claims against Landlord arising from such interferencebinding upon Sublessor. The provisions of this paragraph the preceding sentence shall survive in no way be deemed to permit the expiration Sublessee to undertake alterations or earlier termination of this Lease. Tenant additions not otherwise permitted hereunder nor shall not remove it limit the Sublessor's right to refuse to consent to any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 C▇▇▇▇▇ Premises to the condition existing prior to installation of such systemalteration or addition.

Repair and Yield Up. Except as otherwise provided in Article VI and Section 4.1.1, 4.1.3 to keep the Premises and all Building systems within the Premises in reasonably good order, repair and condition, reasonable wear and tear only excepted, and all glass in windows the Premises (except glass in exterior walls unless the damage thereto is attributable to Tenant’s negligence or misuse and not otherwise covered by Landlord’s property insurance pursuant misuse, subject to Section 5.7 below8.13) and doors of the Premises whole and in reasonably good condition with glass of the same type and quality as that injured or broken, in each case reasonable wear and tear, damage by fire or other casualty as to which Tenant has no obligation to restore pursuant to Article VI below or taking under the power of eminent domain and, subject to the waiver of subrogation set forth in Section 8.13 of this Lease, damage resulting from the negligence of any of the Landlord Parties, their agents, contractors or employees or from the failure of Landlord to perform its obligations under this Lease only excepted, and at the expiration or termination of this Lease peaceably to yield up the Premises including all construction, work, improvements, and all alterations and additions thereto in reasonably good order, repair and such condition, reasonable wear first removing all furniture, fixtures, equipment, goods and tear excepted, unless removal effects of Tenant and any such alterations and additions (including partitions) is previously agreed in writing by Required Removables which Landlord and notified Tenant may have to be removed at the time Landlord consents expiration or earlier termination of the Term pursuant to such alteration (in the event Landlord’s consent is required), in which case all such alterations and additions shall be removed by Tenant, at Tenant’s sole cost and expenseSection 5.12 below, and Tenant shall repair repairing any damage caused by such removal and restore restoring the Premises to the condition existing prior to installation of such alteration or addition, and leave the Premises leaving them clean and neat, exclusive of minor scrapes and nail holes associated with hanging pictures and other decorative items in the Premises. Notwithstanding the foregoing, in no event shall Tenant further covenants be required to periodically inspect the Premises to identify remove any conditions that are dangerous or in need element of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, Work or any cabling and keep wiring existing in the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 C▇▇▇▇▇ Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating to any particular component of such systems. Tenant shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Tenant shall maintain preventive maintenance records relating to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of any and all such systems serving the 18 C▇▇▇▇▇ Premises as of the date of this Lease. Tenant’s repair, as well as maintenance and replacement obligations include, without limitation, repairs, maintenance and replacement of: (a) Landlord’s Work (subject to Landlord’s obligations under Section 1.3 of Exhibit B-1 hereto); (b) any such system(sgenerator, UPS and roof equipment installed at any time by or on behalf of Tenant, (c) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant; (d) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, electrical and similar facilities exclusively serving Tenant; (e) lighting within the Premises (including lighting fixtures and replacement of bulbs and ballasts), (f) ceiling tiles, (g) bathrooms within the Premises, and (h) Alterations made by or on behalf of Tenant during the term of this Leaseor any Tenant Parties. Tenant shall also be responsible, at its sole cost and expense, for obtaining and maintaining not permit or commit any and all licenses, permitswaste, and approvals required in connection with said systems. In connection with Tenant’s maintenance of said systemssubject to Section 8.13, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) be responsible for the maintenance cost of said system repairs which may be made necessary by reason of damage to common areas in accordance with best practices. Tenant and its the Building, to the Site or to the Office Park caused by Tenant, Tenant’s agents, contractors, subcontractors, servants, employees, licensees sublessees, licensees, concessionaires or invitees shall use said systems in accordance with all terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that the installation, operation, maintenance, repair and/or removal of any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the operation of any such systems, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Tenant shall not remove any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 C▇▇▇▇▇ Premises to the condition existing prior to installation of such systeminvitees.

Repair and Yield Up. Except as otherwise provided in Article VI and Section 4.1.14.3, to keep the Premises and all Building systems within the Premises in reasonably good order, repair and condition, reasonable wear and tear only excepted, and all glass in windows and doors (except glass in exterior walls of the Building unless the damage thereto is attributable to Tenant’s 's negligence or misuse and not otherwise covered by Landlord’s property insurance pursuant to Section 5.7 belowmisuse) and doors of the Premises whole and in reasonably good condition with glass of the same quality as that injured or broken, damage by fire only excepted, and at the expiration or termination of this Lease peaceably to yield up the Premises and all alterations and additions thereto in reasonably good order, repair and condition, reasonable wear and tear excepted, unless removal first removing all goods and effects of any such Tenant and, if specified at the time of plan approval, all alterations and additions (including made by Tenant and all partitions) is previously agreed in writing , and repairing any damage caused by such removal and restoring the Premises and leaving them clean and neat and to reimburse Landlord upon demand for the cost of repairing any damage to the Premises, the Building or the Lot caused by Tenant or its agents, employees, or invitees. All articles of personal property and all trade fixtures, office machines and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at the time Landlord consents to such alteration (its expense in the event Landlord’s consent is required), in which case all such alterations Premises shall be and additions shall remain the property of Tenant and may be removed by Tenant, Tenant at Tenant’s sole cost and expenseany time during the Term provided Tenant is not in default hereunder, and provided further that Tenant shall repair any damage caused by such removal and restore removal. If Tenant shall fail to remove all of its effects from the Premises to the condition existing prior to installation upon termination of such alteration or additionthis Lease, and leave the Premises clean and neat. Tenant further covenants to periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenantmay, at its sole cost option, remove and expense, shall perform all maintenance and repairs store said effects without liability to the Premises that are not Landlord’s express responsibility under this LeaseTenant for any loss thereof, and keep the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 C▇▇▇▇▇▇ Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating agrees to any particular component of such systems. Tenant shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Tenant shall maintain preventive maintenance records relating to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of upon demand any and all reasonable expenses incurred in such systems serving the 18 C▇▇▇▇▇ Premises as of the date of this Leaseremoval and storage, as well as any such system(s) installed by Tenant during the term of this Lease. Tenant shall also be responsibleincluding court costs and attorneys' fees, and Landlord may, at its sole cost option, with notice, sell said effects at private sale and expensewithout legal process, for obtaining such price as Landlord may obtain and maintaining apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and all licensesagainst the expense incident to the removal, permits, storage and approvals required in connection with said systems. In connection with Tenant’s maintenance sale of said systems, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) for the maintenance of said system in accordance with best practices. Tenant and its agents, contractors, subcontractors, servants, employees, licensees or invitees shall use said systems in accordance with all terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that the installation, operation, maintenance, repair and/or removal of any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the operation of any such systems, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Tenant shall not remove any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 C▇▇▇▇▇ Premises to the condition existing prior to installation of such systemeffects.