Landlord's Option to Repair. Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the damage, such notice to include a termination date giving Tenant sixty (60) days to vacate the Premises, but Landlord may so elect only if the Building shall be damaged by fire or other casualty or cause, and one or more of the following conditions is present: # in Landlord's reasonable judgment, repairs cannot reasonably be completed within one (1) year after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); # the damage is due to a risk that Landlord is not required to insure under this Lease, and the cost of restoration exceed five percent (5%) of the replacement cost of the Building (unless Tenant agrees to pay any uninsured amount in excess of such five percent (5%)); or # the damage occurs during the last twelve (12) months of the Lease Term and will take more than sixty (60) days to restore; provided, however, that if Landlord does not elect to terminate this Lease pursuant to Landlord's termination right as provided above, and the repairs cannot, in the reasonable opinion of Landlord, be completed within six (6) months days after the date of discovery of the damage (or are not in fact completed within seven (7) months after the date of discovery of the damage), Tenant may elect, no earlier than sixty (60) days after the date of the damage and not later than ninety (90) days after the date of such damage, or within thirty (30) days after such repairs are not timely completed, to terminate this Lease by written notice to Landlord effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant.

Landlord's Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant given at the time it consents to an Alteration, require Tenant, at Tenant's expense, to remove any Alterations within the Premises and to repair any damage to the Premises and Building caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations, Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.

Landlord's Consent. Landlord shall not unreasonably withhold or delay its consent to any proposed Transfer of the Subject Space to the Transferee on the terms specified in the Transfer Notice. Without limitation as to other reasonable grounds for withholding consent, the parties hereby agree that it shall be reasonable under this Lease and under any applicable law for Landlord to withhold consent to any proposed Transfer where one or more of the following apply:

Landlord's Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under [Section 19.1.2], above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant's part without waiving its rights based upon any default of Tenant and without releasing Tenant from any obligations hereunder.

Landlord's Title. Landlord's title is and always shall be paramount to the title of Tenant. Nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title of Landlord.

Repair or Refund. If during the Warranty Period the Licensed Software does not perform as warranted in section 8.1 above, Kx shall undertake to correct Licensed Software, or if correction of the Licensed Software is not reasonably possible, Kx may terminate this OEM Agreement and refund to ​ the license fee paid hereunder. The foregoing are ​’s sole and exclusive remedies for breach of warranty. The warranties set forth above are made to and for the benefit of ​ only and not any third party. The foregoing warranties will apply only if # the Licensed Software has been properly installed and used at all times and in accordance with the instructions for use, and # no modification, alteration or addition has been made to the Licensed Software by persons other than Kx or Kx’s authorized representative.

#[[Organization A:Organization]], at its own cost and expense, will maintain sufficient maintenance and repair facilities (and shall keep on hand in quantity and quality and specification such spare parts and equipment as a Reasonable and Prudent Operator would maintain for operation of equipment such as the ISO Containers) and will conduct such repair and maintenance on the ISO Containers to ensure that the same are in good condition, complying in all material respects with # Applicable Laws, # Approvals; # the terms of this Agreement; # applicable manufacturer’s instructions and recommendations, # International LNG Container Standards (including applicable health and safety laws and environmental, noise and pollution laws (including notifications and reports) and # required insurance policy terms, conditions and provisions); in each case, performed by qualified and (if required by applicable standards) licensed personnel; provided, however, that in the event of a conflict between any of the priorities noted above, the priority with the lowest numeral noted above in this sentence shall prevail. [[Organization A:Organization]] will inspect and cause to be inspected the ISO Containers at such times and frequency and in such detail as is necessary to ensure compliance with the requirements set out herein (or to identify noncompliance), and will promptly report to [[Organization B:Organization]] the results of those inspections.

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Landlord's determination of the Option Rent, in good faith objects to Landlord's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant's objection to the Option Rent (the "Outside Agreement Date XE "Outside Agreement Date" "), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with [Sections 2.2.3.1 through 2.2.3.7], below. If Tenant fails to accept Landlord's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord's determination of Option Rent.

Repair, Maintenance and Testing. ​ shall, at ​’s sole cost and expense maintain and repair and improve, in accordance with the Management Standard, and pursuant to the specifications set forth in Exhibit K attached hereto (to the extent applicable to ​ Maintenance Responsibilities), those portions of the Building and Premises (inclusive of improvements, fixtures and furnishings) which are ​ Maintenance Responsibilities. ​ shall have the right to reasonably modify and amend the terms and conditions of Exhibit K attached hereto, from time to time, provided that ​ shall consult with ​ prior to any such modification. ​ shall comply with all Applicable Laws in connection with the ​ Maintenance Responsibilities. At ​’s option, if ​ fails to comply with its obligations, as required in this Article 7, ​ may, after written notice to ​, and after affording ​ a reasonable time period within which to conduct such repair or improvement, and after providing ​ a second notice setting forth ​’s intention to engage in self-help (except in the event of an emergency, in which case no notice to ​ shall be required), but need not, perform such obligations, and ​ shall pay ​ the reasonable cost thereof, including a reasonable percentage of the cost thereof sufficient to reimburse ​ for all overhead, general conditions, fees and other costs or expenses arising from ​’s involvement with such actions by ​ forthwith upon being billed for same.

Software Repair & Replacement Process. The following requirements are intended to expand (without duplication) on the requirements of [Article 12.4.2], and Contractor shall use commercially reasonable efforts to comply with the same: