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(d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below, and
<br />without relieving Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices, if an item
<br />described in Paragraph 7.1(b) cannot be repaired other than at a cost which is in excess of 50% of the cost of replacing such item, then
<br />such item may be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to
<br />pay, each month during the remainder of the term of this Lease, on the date on which Base Rent is due, an amount equal to the product
<br />of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the denominator of which is 144 (i.e.
<br />1/144th of the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time
<br />7.2 Lessor's Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance), 4.2 (Common
<br />Area Operating Expenses), 6 (Use), 7.1 (Lessee's Obligations), 9 (Damage or Destruction) and 14 (Condemnation), afid subjeet to
<br />;Aimbtrrsement pursuant ant to Pa+agr phi 4.2, Lessor shall keep in good order, condition and repair the foundations, exterior walls,
<br />structural condition of interior bearing walls, exterior roof, fire sprinkler system, Common Area fire alarm and/or smoke
<br />detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems
<br />serving the Common Areas and all parts thereof, as well as ppoviding th ^r^^" thers is ^ "^-^Eg• AFsa n
<br />Y b
<br />Exile se paysitmit ta Pafag aph 4.2- Lessor shall not be obligated to paint the interior surfaces of exterior walls nor shall Lessor be
<br />obligated to maintain, repair or replace windows, doors or plate glass of the Premises all of which shall be performed by Lessee at
<br />Lessee's sole expense. Lessee expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with
<br />the terms of this Lease.
<br />7.3 Utility Hnstallations; Trade Fixtures; Alterations.
<br />(a) Definitions. The term "Utility Installations" refers to all floor and window coverings, air and/or vacuum
<br />lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC
<br />equipment, plumbing, and fencing in or on the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment
<br />that can be removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the
<br />improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. "Lessee Owned Alterations and/or
<br />Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant
<br />to Paragraph 7.4(a).
<br />(b) Consent. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's
<br />prior written consent. Lessee may, however, make non-structural Alterations and Utility Installations to the interior of the Premises
<br />(excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve
<br />puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety
<br />systems, and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the
<br />aggregate or a sum equal to one month's Base Rent in any one year. Notwithstanding the foregoing, Lessee shall not make or permit
<br />any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor may, as a precondition to
<br />granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility
<br />Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form
<br />with detailed plans. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii)
<br />furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (iii)
<br />compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. Any
<br />Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall
<br />promptly upon completion furnish Lessor with as -built plans and specifications. For work which costs an amount in excess of one
<br />month's Base Rent, Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150%
<br />of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor.
<br />(c) Liens; Bonds. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have
<br />been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialman's
<br />lien against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days' notice prior to the commencement of
<br />any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility. If Lessee shall contest the
<br />validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises
<br />against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If
<br />Lessor shall require, Lessee shall furnish a surety bond in an amount equal to 150% of the amount of such contested lien, claim or
<br />demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessor's
<br />attorneys' fees and costs.
<br />7.4 Ownership; Removal; Surrender; and Restoration.
<br />(a) Ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations
<br />and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any
<br />time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations. Unless
<br />otherwise instructed per ,Paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or
<br />termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises.
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