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<br />I n nble2tiong) 9(02..,29aor Dastrrtio ),,nd IA(rngde. A2tin a)Lessee shall, at Lessee's sole expense, keep the Premises, Udlity Instal ladons (intended for
<br />Lessee's exclusive use, no matter where located), and Alterations in good order, condition and repair (whether or not the portian of the Premises requiring repairs, or
<br />the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any
<br />prior use, the elements or the age of such portion of the Premises), Including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment,
<br />electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), foundations, ceilings, roofs, roof drainage systems, /\
<br />floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, or adjacent to
<br />the Premises. Lessee, in keeping the Premises In good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the
<br />procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations, replacements or renewals
<br />when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Lessee shall, during the term of this
<br />Lease, keep the exterior appearance of the Building in a first-class condition (including, e.g. graffiti removal) consistent with the exterior appearance of at similar
<br />facilities of comparable age and size in the vicinity, including, when necessary, the exterior repainting of the Building.
<br />(b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor, in customary form su ante for,
<br />and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installe n the Prem s: (1)
<br />HVACequipment, (ii) bailer, and pressure vessels, (iii) fire extinguishing systems, includingfire alarm and/orsmoke detection, (iv) landscaping irrigation syste ,
<br />(v) roof covering and drains, and (vi) clarifiers. However, Lessor reserves the right, upon notice to Lessee, to procure and maintain anyor all uch s ice contracts,
<br />and Lessee shall reimburse Lessor, upon demand, for the cost thereof.
<br />(c) Failure to Perform. If Lessee fails to perform Lessee's obligations underthis Paragraph 7.1, Lessor may enter upon th mises a 10 days prior
<br />written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Le ee half, aTtd put the
<br />Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115% of the cost thereof. �
<br />(d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below, and witho elie Le a of liability resu lting from
<br />Lessee's failure to exercise and perform good maintenance practices, if an item described in Paragraph 7.1(b) cannot be r ired oth rtha at a cost which is in excess
<br />of 50% of the cost of replacing such item, then such item shall be replaced by Lessor, and the cost thereof shall be prorated twe e4a 'es and Lessee shall only
<br />be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the da ct se Rent is due, an amount equal to
<br />the product of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the de minator hi is 144 (i.e. 1/144th of the cost per
<br />month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time. ]
<br />7.2 Lessor's Obligations. , it is
<br />intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the i , or the equipment therein, all of which
<br />obligations are intended to be that of the Lessee. It is the intention of the Parties that the terms of this Lease govern the espective obligations of the Parties as to
<br />maintenance and repair of the Premises.
<br />7.3 Utility Installations; Trade Fixtures; Alterations.
<br />(a) Definitions. The term "Utility Installations" refers to all floor and window, v gs, air and/or vacuum lines, power panels, electrical distribution,
<br />security and fire protection systems, communication cabling, lighting fixtures, HVAC equ' ment, p hing, and fencing in or on the Premises. The term "Trade
<br />Fixtures" shall mean Lessee's machineryand equipment that can be removed witho oing material mage to the Premises. The term "Alterations" shall mean any
<br />modification of the improvements, other than Utility Installations or Trade Fixture hethe y addition or deletion. "Lessee Owned Alterations and/or Utility
<br />Installations' are defined as Alterations and/or Utility Installations made by Lessee t t not yet owned by Lessor pursuant to Paragraph 7.4(a).
<br />(b) Consent. Lessee shall not make any Alterations or Utility into Nations t he Premises without Lessor's prior written consent. Lessee may, however,
<br />make non-structural Alterations or Utility Installations to the interior of the a excl gthe roof) without such consent but upon notice to Lessor, as long as
<br />theyare notvisible fromtheoutside, donot involve puncturing, relocatingorem n heroof oranyexisting walls,will notaHectthe electrical, plumbing, HVAC,
<br />and/orlife safetysystems, do nottriggerthe requirement foraddi' odi ns and/or improvements tothe Premises resulting from Applicable Requirements,
<br />such as compliance with Title 24, and the cumulative cost there during t is Le as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate
<br />or a sum equal to one month's Base Rent in any one year. Not w stands e f egoing, Lessee shall not make or permit any roof penetrations and/or install
<br />anything on the roof without the prior written approval of r. EVirmay, as a precondition to granting such approval, require Lessee to utilize a contractor
<br />chosen and/or approved by Lessor. Any Alterations or Ity Ins ati that Lessee shall desire to make and which require the consent of the Lessor shall be
<br />presented to Lessor in written form with detailed pla Consent s II be eemed conditioned upon Lessee's: (1) acquiringall applicable governmental permits, (it)
<br />furnishing Lessor with copies of both the permits and t plans and ecifications prior tocommencement of the work, and (iii) compliance with all conditions of said
<br />permits and other Applicable Requirements in a prompt a expe lbous manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner
<br />with good and sufficient materials. Lessee shall promptly up mpletion furnish Lessorwith as -built plans and specifications. For work which costs an amount in
<br />excess of one month's Base Rent, Lasso may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150%of the estimated
<br />cost of such Alteration or Utllity Inst Wttion and/or upon Lessee's posting an additional Security Deposit with Lessor.
<br />(c) Liens; Bonds. Le shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to orfor Lessee at or for use on
<br />the Premises, which claims are may secured by any mechanic's or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not
<br />less than 10 days notice pri o the com cement of any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility. If
<br />Lessee shall contest the idity of any such in, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the
<br />same and shall pay and sfy such adverse judgment that maybe rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish
<br />a surety bond in an amount ual to 150% of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for the same. If Lessor elects
<br />to participate in ch actin Lessee shall pay Lessor's attorneys' fees and costs.
<br />er 7.4 OwnIp; at; urrender; and Restoration.
<br />aallb
<br />lip. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by
<br />Lessperty of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of
<br />the Lt ations and Utllity Installations. Unless otherwise instructed per paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations
<br />shalln or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises.
<br />Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease,
<br />Lessor y r ire that
<br />any or all Lessee Owned Alterations or Utllity Installations be removed by [he expiration or termination of this Lease. Lessor may require the
<br />removal any time of all or any part of any Les see Owned Alterations or Utility l nsta Nations made without the required consent.
<br />(c) Surrender; Restoration. lessee shall surrender the Premises by [he Expiration Dale or any earlier termination date, with all of the improvements,
<br />p s d surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary
<br />wea and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoingond the
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<br />© 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B — /J O Page 5 of 16
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