Paragraph 7.1(b) cannot be repaired other than at a cost which is in excess of 507o of the cost of replacing such item, then such item
<br />may be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay, each
<br />month during the remainder or the term or this Lease, on the date on which Base Rent is due, an amount equal to the product of
<br />mulliplying the cost of such replacement by a fraction, the numerator or which is one, and the denominator of which is 144 (i.e. 1/1441h
<br />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 in the provisions of Paragraphs 2.2 (Condition). 23 (Compliance). 4.2 (Common Area
<br />Operating Expenses). 6 (Use), 7.1 (Lessee's Obligations), 9 (Damage or Destruction.) and 14 (Condemnation). aA:l-su(ij�-ka
<br />reifl bal`50W ai t4UHUaxt to R� '.Eras h4.—'-. Lessor shall keep in good order. condition and repair the foundations, exterior walls. suvctural
<br />condition of interior bearing walls, exterior roof, lire sprinkler system. Common Arca lire alarm and/or smoke detection systems,
<br />lire hydrants. parkins lots. walkways. parkways, driveways, landscaping, fences, signs and utility systems serving the Common Areas
<br />and all part, lllert'Of, as nr<=1 a'v prilriel-1:, iltd 52Fi'123 iHF {fllr:h kit2Ft ti it EtlfiitHftA rEF2a 9ptFtFktng L:.peftse paFsgavl kit PaF.i:fapl} �f:=.
<br />Lessor shall not be obligated to paint the imerior surfaces of exterior walls nor shall Lessor be obligated to maintain.. repair or replace
<br />windows. doors or plate glass of the Premises all of which shall be performed by Lessee at Lessee's sole expense. Lessee expressly
<br />waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease.
<br />7.3 Utility Installations; 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 that
<br />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 prior
<br />written consent. Lessee may, however, make non-structural Alterations and Utility Installations to the interior of the Premises (excluding
<br />the root) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing,
<br />relocatimf, or removing the rooror any existing walls, will not affect Elie electrical, plumbing, HVAC, and/or lire safety systems, and the
<br />cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the assresnte or a sum
<br />equal to one month's Base Rent in any one year. Notwithstanding the foregoing, Lessee shall not make or permit any roorpenetrations
<br />and/or install anything on the roof without the prior written approval or Lessor. Lessor may, as a precondition to granting such approval,
<br />require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility Installations that Lessee shall desire
<br />to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed plans. Consent shall be
<br />deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the
<br />permits and the plans and specifications prior to commencement or the work, and (iii) compliance with all conditions or said permits
<br />and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in
<br />a workmanlike manner with good and sufficient materials. Lessee shall promptly upon completion furnish Lessor with as -built plans
<br />and specifications. For work which costs an amount in excess of one month's Base Rent, Lessor may condition its consent upon Lessee
<br />providing a lien and completion bond in an amount equal to 15o% or the estimated cost of such Alteration or Utility Installation and/or
<br />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 rurnished or alleged to have been
<br />furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialnums lien
<br />against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days' notice prior to the commencement of any
<br />work in, on or about the Premises, and Lessorshall have the right to post notices of non•responsibility.If Lessee shall contest the validity
<br />of any such lien, 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 satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. if Lessor shall
<br />require, Lessee shall furnish a surety bond in an amount equal to 1507c of the amount or such contested lien, claim or demand,
<br />indemnifying Lessor against liability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessors attorneys'
<br />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 time,
<br />elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations. Unless otherwise
<br />instructed per Paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of
<br />this Lease, became the property of Lessor and be surrendered by Lessee with the Premises.
<br />(b) Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to
<br />the end or the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the
<br />expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations
<br />or Utility Installations made without the required consent.
<br />25E-11
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