Common use of Utilities and Maintenance Clause in Contracts

Utilities and Maintenance. a. Lessee shall be solely responsible for, agrees to contract with, and promptly pay all charges for heat, water, gas, sewer, electricity, trash, telephone, or any other utility or other service rendered, used or consumed in the Demised Premises, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwise. Lessee shall also pay any “fire company charge” imposed with respect to the Demised Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout the term of this Lease Agreement, any extensions or renewals thereof, that it will be responsible to maintain the Demised Premises in good repair, order and condition, at its sole cost and expense, including the cost of repairs to or maintenance as may be required to the structural members, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premises, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. c. Further, Lessee shall be responsible for the cleanliness of the Demised Premises and shall be responsible, at Lessee’s sole cost and expense, for the separation, recycling, and removal of Lessee’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also be responsible for any Waste Generation Fee imposed by any governmental authority. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Term, reasonable wear and tear excepted. With respect to the common areas of the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written notice of the need for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need therefor.

Utilities and Maintenance. a. The Lessee shall be solely responsible for, agrees to contract with, and promptly will pay all charges costs for heatgas, electricity, water, gaslights, sewer, electricity, trashheating, telephone, or any and all other utility or other service rendered, utilities and things of a similar nature used or consumed in on the Demised Premises, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwise. Lessee shall also pay any “fire company charge” imposed with respect to the Demised Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout demised said premises during the term of this lease. The Lessee shall apply for and pay required deposits for these items and will have the utilities put in its own name. The Lessor shall and will maintain, at its own expense, the roof, plumbing, primary HVAC, foundation, and exterior walls of the building (except for Lessee's signs, if any). The roof shall be free of leaks. The Lessee shall and will maintain, at its own expense, all portions of the leased premises and any additional air conditioning which it may install. Additionally, the Lessee will likewise maintain the fixtures and equipment therein for which the Lessor is not responsible hereunder, if any, in a workable condition and will replace at its own expense any fixtures and equipment owned by the Lessor which become defective, broken, or unusable due to the willfulness or gross negligence of the Lessee, its agents, employees, or customers. The Lessor will be responsible for the landscaping and grounds maintenance. The Lessor hereby represents and warrants that as the commencement date of this Lease, the plumbing, electric, water, and HVAC systems are in 8 good working order and repair and that the premises are ADA compliant; in the event that it is discovered that the building possesses one or more problems relating only to ADA compliance, and the amounts to be spent by the Lessor to correct such an item or items relating to ADA compliance and bring the same into compliance exceed Ten Thousand and No/100's Dollars ($10,000.00) in the aggregate over the thirty-six (36) month term of this Lease Agreement, (and any extensions or renewals thereof, that it will be responsible to maintain the Demised Premises in good repair, order and condition, at its sole cost and expense, including the cost of repairs to or maintenance as may be required to the structural members, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premises, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbshereof), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing then the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. c. Further, Lessee shall be responsible for the cleanliness additional amount. The Lessor further represents and warrants that as of the Demised Premises commencement date, that there are no hazardous materials within the premises and shall be responsiblethat the premises are in compliance with all applicable laws, at Lessee’s sole cost ordinances, and expense, regulations. The Lessor will provide adequate and functional lighting for the separation, recycling, and removal of Lessee’s waste materials parking lot. Subject to conform with any and all governmental rules and regulations thereto. Lessee shall also be responsible for any Waste Generation Fee imposed by any governmental authority. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundationsdollar limitations expressed herein, the exterior walls Lessor shall make all repairs within twenty-four (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas24) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Term, reasonable wear and tear excepted. With respect to the common areas of the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written hours notice of the need same, or Lessee can contract with outside services to repair and deduct that amount from next month's rent. In the event that individual repairs will cost more than $1,000.00 (One Thousand Dollars), Lessee will notify Lessor and Lessor will provide approval for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice within 24 hours of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need therefornotice.

Utilities and Maintenance. a. Lessee (a) Tenant shall be solely responsible for, agrees to contract with, and promptly pay all charges for heatgas, water, gas, sewer, electricity, trash, telephone, or any other utility or other service rendered, used or consumed in the Demised Premisesinternet, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwise. Lessee shall also pay any “fire company charge” imposed with respect other services furnished to the Demised Premises. In no event shall Lessor be liable for an interruption Property or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout Tenant during the term of this Lease Agreement. Tenant shall be solely and directly financially responsible for all costs associated with maintaining said services in Tenant’s name. (b) Tenant, at Tenant’s sole cost and expense, shall maintain the Property in good condition and repair, ordinary wear and tear excepted. Tenant’s responsibility includes any extensions or renewals thereof, that it will structures on the property such as portable buildings and playground equipment. The District shall not be responsible for or required to make repairs or perform non-structural maintenance, repair, fencing, or replacement of any type whatsoever, except for electrical, HVAC, and plumbing systems. The District’s responsibility for plumbing systems shall apply only in cases where there is no evidence of damage caused by ▇▇▇▇▇▇’s misuse, neglect, or failure to properly maintain the Demised Premises in good repair, order and conditionsystem. The District agrees, at its sole cost and expense, to maintain, repair, and replace, if reasonably necessary, all mechanical components of the Property, including without limitation the roof and foundation. Repair requests involving electrical, HVAC, plumbing systems, and structural components must be promptly reported to the District’s Facilities Maintenance Director. Tenant agrees to ensure the District has reasonable access to all areas of the facility for this purpose. (c) District shall provide general maintenance services at no cost to the Tenant. General maintenance services would include: door repairs; lock and key services (excluding full rekeying of the building); glass and window repairs; ceiling tile replacement and repair; restroom partition repairs; flooring repairs to for carpet and tile (excluding full room or building replacement); concrete repairs; roofing and guttering repairs; installation of cork or bulletin boards purchased by the school; sheetrock repairs; minor painting and touch-ups (excluding full room or building painting); and graffiti removal. These services do not include kitchen or serving line equipment repairs in schools that do not contract with TPS Child Nutrition Services. General maintenance as may be required described herein refers to the structural membersroutine, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premises, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all non-capital repairs and / does not include major renovations, capital improvements, or replacements thereto as may be required or necessary, with materials of like qualityfacility upgrades. c. Further, Lessee (d) Tenant shall be responsible for the cleanliness maintenance of all equipment located within the Demised Premises and building. No District-owned equipment shall be responsibleremoved from the building without providing the Charter at least three (3) months' prior written notice. In the event equipment is replaced, at Lessee’s sole cost and expense, for Tenant must contact the separation, recycling, and District to coordinate removal of Lessee’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also so that appropriate surplus records may be responsible for any Waste Generation Fee imposed by any governmental authoritymaintained. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Term, reasonable wear and tear excepted. With respect to the common areas of the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written notice of the need for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need therefor.

Utilities and Maintenance. a. Lessee Until such time as Landlord leases additional space in the Building of which the demised premises are a part, Tenant shall pay for all utility services consumed at the demised premises. Upon such date as Landlord leases space to another tenant for any other portion of the Building of which the demised premises are a part, Landlord shall cause, at its sole cost and expense, that all utility service to the demised premises be solely responsible forseparately metered by a new meter from the appropriate utility or by tab meter. Thereafter, agrees Tenant shall only pay for utilities used by the Tenant at the demised premises. In the event any utility service is interrupted due to contract withthe act or omission of Landlord, and promptly pay such interruption shall continue for a period of three (3) days, then on the fourth day and thereafter until such interruption is cured, all rent and other charges due hereunder shall completely ▇▇▇▇▇. If such interruption continues for heata period of thirty (30) days, waterthen Tenant shall have the option of terminating this Lease by written notice to Landlord, gassuch termination effective as of the date of Tenant’s notice, sewer, electricity, trash, telephone, after which neither Landlord nor Tenant shall have any further obligation or any other utility or other service rendered, used or consumed in the Demised Premises, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwise. Lessee shall also pay any “fire company charge” imposed with respect responsibility to the Demised Premisesother. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee Tenant further covenants and agrees throughout the term of this Lease Agreement, any extensions or renewals thereof, that it will be responsible to maintain the Demised Premises demised premises in good repair, order and condition, at its sole cost and expense, including the cost of repairs to or excluding any maintenance as may be required to the structural members, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premisesdemised premises, and further but including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systemssystems located within and exclusively serving the demised premises, as well as all utilities and plumbing systems located within and exclusively servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereofdemised premises, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. c. . In addition, Tenant herein shall be responsible to have the heating system serviced a minimum of once a year, along with having the air conditioning systems / units serviced at least four (4) times per year. Said servicing shall be at the sole cost and expense of Tenant, shall be performed by a reputable heating and / or air conditioning contractor, and copies of said contract shall be submitted to Landlord by Tenant annually. Should the Tenant fail to service said systems, then this work may be done by the Landlord, and immediate payment as well as a service charge of ten (10%) percent shall be due from the Tenant for such work and / or repairs. Further, Lessee the Tenant shall be responsible for the cleanliness of the Demised Premises demised premises and shall be responsible, at LesseeTenant’s sole cost and expense, for the separation, recycling, and removal of LesseeTenant’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also be responsible for any Waste Generation Fee imposed by any governmental authority. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Term, reasonable wear and tear excepted. With respect to the common areas of the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written notice of the need for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need therefor.

Utilities and Maintenance. a. Lessee (a) Tenant shall be solely responsible for, agrees to contract with, and promptly pay all charges for heatgas, water, gas, sewer, electricity, trash, telephone, or any other utility or other service rendered, used or consumed in the Demised Premisesinternet, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwise. Lessee shall also pay any “fire company charge” imposed with respect other services furnished to the Demised Premises. In no event shall Lessor be liable for an interruption Property or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout Tenant during the term of this Lease Agreement. Tenant shall be solely and directly financially responsible for all costs associated with maintaining said services in Tenant’s name. (b) Tenant, at Tenant’s sole cost and expense, shall maintain the Property in good condition and repair, ordinary wear and tear excepted. Tenant’s responsibility includes any extensions or renewals thereof, that it will structures on the property such as portable buildings and playground equipment. The District shall not be responsible for or required to make repairs or perform non-structural maintenance, repair, fencing, or replacement of any type whatsoever, except for electrical, HVAC, and plumbing systems. The District’s responsibility for plumbing systems shall apply only in cases where there is no evidence of damage caused by ▇▇▇▇▇▇’s misuse, neglect, or failure to properly maintain the Demised Premises in good repair, order and conditionsystem. The District agrees, at its sole cost and expense, to maintain, repair, and replace, if reasonably necessary, all mechanical components of the Property, including without limitation the roof and foundation. Repair requests involving electrical, HVAC, plumbing systems, and structural components must be promptly reported to the District’s Facilities Maintenance Director. Tenant agrees to ensure the District has reasonable access to all areas of the facility for this purpose. (c) District shall provide general maintenance services at no cost to the Tenant. General maintenance services would include: door repairs; lock and key services (excluding full rekeying of the building); glass and window repairs; ceiling tile replacement and repair; restroom partition repairs; flooring repairs to for carpet and tile (excluding full room or building replacement); concrete repairs; roofing and guttering repairs; installation of cork or bulletin boards purchased by the school; sheetrock repairs; minor painting and touch- ups (excluding full room or building painting); and graffiti removal. These services do not include kitchen or serving line equipment repairs in schools that do not contract with TPS Child Nutrition Services. (d) General maintenance as may be required described herein refers to the structural membersroutine, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premises, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all non-capital repairs and / does not include major renovations, capital improvements, or replacements thereto as may be required or necessary, with materials of like qualityfacility upgrades. c. Further, Lessee (e) Tenant shall be responsible for the cleanliness maintenance of all equipment located within the Demised Premises and building. No District-owned equipment shall be responsibleremoved from the building without providing the Charter at least three (3) months' prior written notice. In the event equipment is replaced, at Lessee’s sole cost and expense, for Tenant must contact the separation, recycling, and District to coordinate removal of Lessee’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also so that appropriate surplus records may be responsible for any Waste Generation Fee imposed by any governmental authoritymaintained. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Term, reasonable wear and tear excepted. With respect to the common areas of the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written notice of the need for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need therefor.

Utilities and Maintenance. a. The Lessee in addition to paying rent shall pay and be responsible for the following utilities and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure to pay any such utility charge when due shall constitute a default hereunder. To the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall be solely responsible fortake all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, agrees to contract with, and promptly pay all charges for heat, water, gas, sewer, electricity, trash, telephone, or any other utility or other service rendered, used or consumed in not excessively heating the Demised Premises, not unnecessarily wasting or running the hot water and service inspections made thereof, whether called charge, tax, assessment, fee by observing all reasonable rules and regulations of the Lessor regarding this issue. Lessee’s non- compliance with this provision or otherwisereasonable rules of the Lessor shall be cause for termination of this Lease Agreement upon seven (7) days notice to the Lessee. Lessee shall also pay any “fire company charge” imposed with respect to continuously maintain at their own expense the Demised Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Demised leased Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout during the term of this Lease Agreementlease, including any extensions or renewals extension thereof, that it will be responsible to maintain in as good, clean and satisfactory a condition as when the Demised Premises in good repair, order and condition, at its sole cost and expense, including the cost of repairs to or maintenance as may be required to the structural members, exterior walls, foundation or roof of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements or alterations to the Demised Premises, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. c. Further, Lessee shall be responsible for the cleanliness of the Demised Premises and shall be responsible, at Lessee’s sole cost and expense, for the separation, recycling, and removal of Lessee’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also be responsible for any Waste Generation Fee imposed by any governmental authority. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the Termtook possession, reasonable wear and tear excepted. With respect to At the common areas expiration of the ParkLease or the repossession of the leased Premises by the Lessor, the Premises shall be delivered to Lessor in such good, clean and satisfactory condition to be determined by Lessor’s , reasonable wear and tear excepted. Should Lessor, at any time during or after the term of this Lease, restore the leased Premises in such good, clean and satisfactory condition, in order to fulfill the Lessee's obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalksherein, landscaping and maintenance and repair of all common drainage systems and utility structures. the Lessee shall give Lessor written notice of the need be responsible for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need thereforall costs associated therewith.

Utilities and Maintenance. a. The Lessee in addition to paying rent shall pay and be responsible for the following utilities and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure to pay any such utility charge when due shall constitute a default hereunder. To the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall take all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, not excessively heating the premises, not unnecessarily wasting or running the hot water and by observing all reasonable rules and regulations of the Lessor regarding this issue. Lessee’s non-compliance with this provision or reasonable rules of the Initial Lessor shall be solely responsible for, agrees cause for termination of this Lease Agreement upon seven (7) days’ notice to contract with, and promptly pay all charges for heat, water, gas, sewer, electricity, trash, telephone, or any other utility or other service rendered, used or consumed in the Demised Premises, and service inspections made thereof, whether called charge, tax, assessment, fee or otherwiseLessee. Lessee shall also pay any “fire company charge” imposed with respect to continuously maintain at their own expense the Demised Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Demised Premises unless caused by Lessor’s gross negligence or intentional misconduct, in which case Lessee shall be entitled to an abatement of Rent (other than as may pertain to Lessee’s obligation to continue to pay insurance premiums and otherwise to maintain all insurance required by this Lease) as Lessee’s sole remedy. b. Except as specifically provided herein, Lessee further covenants and agrees throughout leased premises during the term of this Lease Agreementlease, including any extensions or renewals extension thereof, that it will be responsible to maintain in as good, clean and satisfactory a condition as when the Demised Premises in good repairLessee took possession, order reasonable wear and condition, at its sole cost and expense, including tear accepted. At the cost of repairs to or maintenance as may be required to the structural members, exterior walls, foundation or roof expiration of the Demised Premises to extent such repairs and/or maintenance is required due to Lessee’s improvements Lease or alterations to the Demised Premisesrepossession of the leased premises by the Lessor, and further including all floors, interior walls, partitions, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems, as well as all utilities and plumbing systems servicing the Demised Premises located within the Building on the Demised Premises and all lateral connections to the main utility lines, and any equipment and appurtenances thereof, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. c. Further, Lessee premises shall be responsible for the cleanliness of the Demised Premises delivered to Lessor in such good, clean and shall satisfactory condition to be responsible, at Lessee’s sole cost and expense, for the separation, recycling, and removal of Lessee’s waste materials to conform with any and all governmental rules and regulations thereto. Lessee shall also be responsible for any Waste Generation Fee imposed determined by any governmental authority. ▇. ▇▇▇▇▇▇ shall maintain, repair and replace (as needed) (i) all of the common areas in and about the Park and around the Building including the foundations, the exterior walls (which shall not include windows, glass or plate glass, doors, special fronts, entries, or the interior surfaces of exterior walls, all of which shall be the responsibility of Lessee), the roof, utility facilities (including electrical, water, sewer, stormwater and gas) and structural systems, all of which shall be maintained in good order, condition and repair throughout the TermLessor, reasonable wear and tear excepted. With respect Should Lessor, at any time during or after the term of this Lease, restore the leased premises in such good, clean and satisfactory condition, in order to fulfill the common areas of Lessee's obligations herein, the Park, Lessor’s obligations shall include periodic snow and ice removal from all loading and parking areas and sidewalks, landscaping and maintenance and repair of all common drainage systems and utility structures. Lessee shall give Lessor written notice of the need be responsible for any maintenance, repair or replacement for which Lessor is responsible, after which (or after Lessor’s actual notice of the need for such maintenance, repairs or replacement) Lessor shall have a reasonable opportunity to perform the maintenance or make the repair or replacement, except in case of emergencies in which case Lessor shall commence as promptly as possible such maintenance, repairs or replacement after receipt of actual notice of the need thereforall costs associated therewith.