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Lessee's exclusive use, no matter where located), and Alterations In good order, condition and repair (whether or not the portion 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 other similar
<br />facilities of comparable age and slu 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 and substance for,
<br />and with contractors specializing and experienced in the maintenance of the following equipment and improvements, If any, If and when installed on the Premises: (I)
<br />HVAC equipment, (li) boiler, and pressure vessels, (ill) fire extinguishing systems. Including fire alarm and/or smoke detection, (Iv) landscaping and Irrigation systems,
<br />(v)roof covering and drains, and (vi) clarifiers. However, lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such service contracts,
<br />and Lessee shall reimburse Lessor, upon demand, for the cost thereof.
<br />(c) Failure to Perform, if lessee falls to perform Lessee's obligations under this Paragraph 7.1, Lessor may enter upon the Premises after lOdays' 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 lessee's behalf, and put the
<br />Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115H of the cost thereof.
<br />(d) Replacement. Subject to Lessee's Indemnification of Lessor as set forth In Paragraph 8.7 below, and without relieving Lessee of liability resulting from
<br />Lessee's failure to exercise and perform good maintenance practices. If an item described in Paragraph 7.1(b) cannot be repaired other than 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 between the Parties 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 date on which Base 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 denominator of which is 144 (i.e. l/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. Snh)Pft tn thB.pmvlUoncnf .Paragraphx 7-1 (rnnrilrinn) 1A (rnmpllanfo), Q(rtamag» nr rmttrurHnn) and 14 (rnnrinmnaHnn) it Is
<br />Intended by the Parties hereto that Lessor have no obligation. In any manner whatsoever, to repair and maintain the Premises, 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 tease govern the respective 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 Instillations1' refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution,
<br />security and fire protection systems, communication cabling, llghtingfixtures, HVAC equipment, plumbing, and fencing In or on the Premises. The term "Trade
<br />Fixtures" shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises. The term "Alterations" shall mean any
<br />modification of the improvements, otherthan Utility Installations or Trade Fixtures, whether by addition or deletion. "Lessee Owned Alterations and/or Utility
<br />Installations" are defined as Alterations and/or Utility Installations made by lessee that are not yet owned by lessor pursuant to Paragraph 7.4(a).
<br />(b) Consent Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however,
<br />make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as
<br />they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC,
<br />and/or life safety systems, do not trigger the requirement for additional modifications and/or Improvements to the Premises resulting from Applicable Requirements,
<br />such as compliance with Title 24, and the cumulative cost thereof during this Lease 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. Notwithstanding the foregoing. Lessee shall not make or permit any roof penetrations and/or install
<br />anything on the roof without the prior written approval of lessor. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor
<br />chosen and/or approved by Lessor. Any Alterations or Utility Installations 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 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 (ill) compliance with all conditions of said
<br />permits and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed In a workmanlike manner
<br />with good and sufficient materials, lessee shall promptly upon completion furnish Lessor with as-built plans and specifications. For work which costs anamountln
<br />excess of one month's Base Rent, Lessor 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 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 been furnished to or for Lessee at or for use on
<br />the Premises, which claims are or may be 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 prior to the commencement 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 validity 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 require, lessee shall furnish
<br />a surety bond In an amount equal 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 any such action. Lessee shall pay Lessor's attorneys' fees and costs.
<br />7.4 Ownership; Removal; Surrender; and Rsstoration.
<br />(a) Ownership. Subject to lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by
<br />Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect tn writing to be the owner of all or any specified part ol
<br />the Lessee Owned Alterations and Utility Installations. Unless otherwise instructed per paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations
<br />shall, at the expiration or termination of this Lease, become 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 the end of the term of this Lease,
<br />Lessor may require that any or all lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the
<br />removalat any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent.
<br />(c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the Improvements,
<br />parts and surfaces thereof broom dean and free of debris, and In good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary
<br />wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing and the
<br />provisions of Paragraph 7.1(a), if the Lessee occupies the Premises for 12 months or less, then Lessee shall surrender the Premises In the same condition as delivered
<br />INITIALS
<br />© 2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited: 2/25/2021 9:53 AM
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