Where any plant, machinery or equipment for heating, cooling or circulating air or any other plant, machinery or equipment comprising or providing any other mechanical, fire or electrical services (Plant) is provided, operated or installed in the Premises the Lessee will maintain the Plant in good working condition and without limiting the foregoing will maintain at its own expense a comprehensive service and maintenance contract (with annual servicing and inspections of the Plant) in respect of the Plant with such reputable contractor or contractors as may be approved by the Lessor and will at all times use and regulate the Plant to ensure that it is employed to the best advantage in the conditions from time to time prevailing and will not do or allow anything in relation to the Plant which might interfere with or impair its efficient operation.

Installation, Repair and Maintenance. [Sections 3.1 and 3.2]2] of the Original Lease are amended and restated in their entirety as follows (but remain subject to Landlord’s obligations under this Fifth Amendment including but not limited to Landlord’s obligation to complete Landlord’s Work in accordance with [Exhibit B]):

At all times during the term of this Lease the Lessee shall:

At all times during the term of this Lease the Lessee shall:

Lessee, at its expense, will keep the Leased Property and all private roadways, sidewalks and curbs appurtenant thereto (and Lessee’s Personal Property) in good order and repair (whether or not the need for such repairs occurs as a result of Lessee’s use, any prior use, the elements, the age of the Leased Property or any portion thereof) and, except as otherwise provided in Article XIV and Article XV, with reasonable promptness, will make all necessary and appropriate repairs thereto of every kind and nature whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise). All repairs shall, to the extent reasonably achievable, be at least equivalent in quality to the original work. Lessee will not take or omit to take any action the taking or omission of which is reasonably likely to materially impair the value or the usefulness of the Leased Property or any part thereof for the Primary Intended Use.

Repair And Maintenance. Except in the case of damage to or destruction of the Leased Premises, Building 3, the Common Areas or the Property caused by an act of God or other peril, in which case the provisions of Article 10 shall control, the parties shall have the following obligations and responsibilities with respect to the repair and maintenance of the Leased Premises, Building 3, the Common Areas, and the Property.

The Lessee covenants and agrees with the Lessor to pay all costs and expenses of and in connection with the operation, servicing, maintenance and repair of the Plant.

Repair and Maintenance. Keep the Collateral in good order, repair and condition, subject to ordinary wear and tear and obsolescence. Borrower shall promptly make all necessary repairs and replacements, to the Collateral, subject to the above. Borrower shall insure that the Collateral is not deteriorated, misused, abused or wasted. All replacements to the Collateral must be equal or better than the replaced Collateral was when it was new.

Repair and Maintenance. Tenant shall, during the term of this Lease, maintain the Premises in neat and clean order and condition and perform all repairs to the Premises and all fixtures, systems, and equipment exclusively serving the Premises (including Tenant’s equipment and other personal property and any HVAC Equipment serving all or any portion of the Premises to the exclusion of any other space in the Building (“Separate HVAC Equipment”)) as are necessary to keep them in good and clean working order, appearance and condition, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in interior windows and doors of the Premises (except glass in the exterior walls or doors of the Building) with glass of the same quality as that damaged or broken. Tenant shall contract separately for janitorial services for the Premises with Landlord’s janitorial services provider, provided Landlord’s preferred provider has competitive rates or, at Tenant’s option another janitorial services provider reasonably acceptable to Landlord and Tenant shall cause the Premises to be cleaned in accordance with standards at least equal to Landlord’s janitorial standards for comparable space in the buildings in the vicinity of the Building. Tenant shall dispose of all trash and rubbish in such manner as Landlord reasonably directs and shall comply with any reasonable recycling programs established by Landlord for the Building.

TENANT’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12 and Landlord’s obligations set forth in [Section 7.2] below, Tenant at its sole expense shall make all repairs necessary to keep the interior of Premises and all improvements and fixtures therein in good condition and repair, excepting ordinary wear and tear. Tenant’s maintenance obligation shall include without limitation all appliances, interior glass, doors, door closures, hardware, fixtures, electrical, plumbing, fire extinguisher equipment and other equipment installed in the Premises, together with any supplemental HVAC equipment servicing only the Premises. Should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall promptly reimburse Landlord as additional rent for all reasonable costs incurred (including the standard supervision fee) upon submission of an invoice. If Tenant is required to make repairs to any component of the Premises for which Landlord may have obtained a warranty, Landlord shall, upon request by Tenant, use its good faith efforts to pursue its rights under any such warranties for the benefit of Tenant. Landlord shall be under no obligation to incur any expense in connection with asserting rights under such warranties or guaranties against either the contractor or the manufacturer, but shall use reasonable good faith efforts to enforce such warranties and guaranties for Tenant’s benefit.