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(b) Common Expenses. "Common Expenses" shall mean all costs and expenses of every kind or
<br />nature paid or incurred by Landlord during the Term in operating, managing and servicing the Building, including,
<br />without limitation: (i) management fees; (ii) wages, salaries and benefits of maintenance personnel (not to exceed
<br />the amount fairly and equitably allocated to the Building); (iii) charges under maintenance contracts; (iv) costs and
<br />expenses to perform or provide maintenance or repairs and to satisfy Landlord's obligation to operate, maintain and
<br />insure the Common Areas under this Lease; (v) sewer, water and storm water drainage charges attributable to the
<br />Common Areas, and the costs to maintain any retention and detention ponds and other storm water drainage
<br />facilities; (vi) premiums for customary insurance incurred by the Landowner including insurance, if any, obtained by
<br />the Landlord to satisfy an obligation under this Lease; (vii) costs for signage located in the Common Areas,
<br />including, without limitation, costs for light bulbs and electricity, and costs incurred with respect to any exterior sign
<br />for the Building; (viii) costs and expenses to provide light, heat, air conditioning and ventilation for the Common
<br />Areas; (ix) depreciation or amortization of capital assets, improvements, repairs or replacements (the "Amortized
<br />Capital Costs "); (x) real estate taxes; and (xi) Building insurance paid by Landlord. Common Expenses shall not
<br />include: (1) any leasing or rental commissions; (2) any legal fees in connection with financings or refinancings,
<br />preparation or negotiation of leases, or exercising or enforcing Landlord's rights and remedies under leases; (3) any
<br />costs of tenant improvements or build -outs; (4) any penalties or interest assessed against Landlord for late payment
<br />of its indebtedness; or (5) payments of principal or interest required by any financing or refinancing.
<br />Notwithstanding anything to the contrary set forth herein, amounts separately billed to, and paid directly by, a tenant
<br />of the Building shall be deducted in calculating Common Expenses from the costs and expenses that Landlord incurs
<br />to operate the Building.
<br />5.5. Utilities. Tenant shall: (a) promptly pay all charges for sewer, water, gas, electricity, telephone,
<br />and other utility services used in, on, at, or from, the Premises (all of which utilities shall be separately metered to
<br />the Premises) (the "Utility Charges "); and (b) deliver to Landlord, upon demand, receipts or other satisfactory
<br />evidence of payment of the Utility Charges.
<br />ARTICLE VI.
<br />ALTERATIONS AND MAINTENANCE OF AND REPAIRS TO THE PREMISES
<br />6.1. Landlord Repairs. Landlord shall, at its expense: (a) keep the foundations and roof of the
<br />Premises in good order, repair and condition; and (b) maintain the exterior walls of the Premises in a structurally
<br />sound condition, except to the extent that there is damage caused by any act or omission of Tenant or its employees,
<br />agents, contractors, invitees or licensees. Landlord shall be responsible for the installation and replacement of all
<br />heating, ventilating, and cooling equipment and systems serving the Premises (the "HVAC Systems ") provided
<br />however that the Landlord may bill the Tenant as Additional Rent if the Landlord's consultant determines with
<br />reasonable certainty that the need to replace the HVAC Systems was as a result of the Tenant's misuse of it or the
<br />Tenant's failure to notify the Landlord of its malfunctioning. The Landlord may enter into a maintenance contract
<br />with a reputable company (the "Maintenance Contract'), pursuant to which Maintenance Contract such company
<br />shall institute a regularly scheduled program of preventive maintenance and repair of the HVAC Systems to keep
<br />and maintain such items in good order, condition, and repair at all times, and any such expenses incurred by the
<br />Landlord as a result of such Maintenance Contract or any routine or otherwise insubstantial repairs shall be
<br />considered a Common Expense allocable to this Premises only, unless the HVAC Systems service more than on
<br />Tenant. Except as provided in this Section 6.1, Landlord shall not be obligated to make repairs, replacements or
<br />improvements of any kind to or for the Premises, or any trade fixtures or equipment contained therein, all of which
<br />such repairs, replacements or improvements shall be the responsibility of Tenant.
<br />6.2. Tenant Repairs. Except for repairs to be performed by Landlord pursuant to Section 6. 1, Tenant
<br />shall: (a) keep the Premises clean, neat, and safe, and in good order, repair and condition, including, without
<br />limitation, that Tenant shall make all maintenance, repairs, alterations, additions, or replacements to the Premises as
<br />may be required by any Law, or by fire underwriters or underwriters' fire prevention engineers; (b) keep all glass in
<br />windows, doors, fixtures, skylights, and other locations clean and in good order, repair, and condition, and replace
<br />glass that may be damaged or broken with glass of the same quality; and (c) paint and decorate the Premises as
<br />necessary or appropriate to comply with the terms and conditions of this Section 6.2. The Tenant shall be
<br />responsible for notifying the Landlord of any damage to, malfunctioning of, or apparent repairs necessary to be
<br />made to the HVAC Systems or to the plumbing, electrical or other systems used by or for the Premises.
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