02-11-2021 SPECIAL JOINT FINANCE COMMITTEE PACKET

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3 “Repairs” and when used in this Article, “Repairs” shall include all necessary and appropriate replacements, resurfacing, renewals, alterations, additions and betterments, whether capital improvements or otherwise, using new materials therefor, but Tenant shall not be required to make any Repair which would be in excess of those which a reasonable and prudent owner would make under the circumstances, in light of investments made in and construction of the Building Addition and the care and maintenance of buildings of comparable type, quality, age and size in the City. All Repairs made by Tenant shall be, to the extent reasonably possible, at least equal in quality to the original work performed in constructing the Building and/or the Building Addition, as the case may be. In the event of any Repairs, Tenant shall first provide Landlord with notice and with drawings sufficient for Landlord to review and approve the proposed Repairs, which approval shall not be unreasonably withheld or delayed; provided, however, no approval by Landlord is required for routine and ordinary Repairs and maintenance the cost of which is $100,000 or less, for which plans are not customarily prepared, which is not structural in nature and which is not visible from the exterior of the Premises. Further, no prior approval of Landlord is required for any emergency Repairs (but telephonic or email notice to Landlord’s Regional Manager shall be made as soon as is practical). For all Repairs and all changes and alterations under Article 18, following substantial completion and upon request of Landlord, (i) Tenant, at Tenant’s cost, shall ensure that all available warranties are partially assigned to Landlord, (ii) Tenant must provide Landlord with full and final lien waivers from all contractors and material suppliers, and (iii) Landlord may inspect the Repair, alteration or change to ensure it was made consistent with this Lease (and may also do so during construction and execution of the Repair, change or alteration). All Repairs made by Tenant shall be made in accordance with all Applicable Laws.” 9. Condemnation/Casualty a. Notwithstanding anything in the Lease to the contrary, in the event of a Substantial Casualty or Substantial Taking affecting the Original Building prior to the Building Addition Commencement Date, Tenant shall be required to cause the Restoration of the Premises in accordance with Sections 12.2(b)(ii) and 13.2(b)(ii), respectively, to the condition required under the Lease, as modified by the Final Plans described in Exhibit B to accommodate the Building Addition Work. b. In the event of casualty or condemnation affecting the Building Addition prior to the Building Addition Commencement Date, Landlord shall cause the Building Addition to be restored and substantially completed pursuant to the Final Plans and in accordance with Exhibit B. The amount of any insurance deductible in connection with such Restoration shall be paid from the Tenant Allowance or from the Over- Allowance Amount, and to the extent the cost of such Restoration exceeds available insurance proceeds, Tenant shall pay such amount to Landlord within ten (10) days of written demand therefor. c. Section (a)(ii) of Exhibit E to the Lease is hereby amended and restated as follows: “(ii) all amounts paid by, incurred by or owing to Landlord in connection with the construction of the Building Addition pursuant to the Second Amendment to Lease, including, without limitation, the Tenant Allowance;” 10. Changes and Alterations. Section 18.1(d) of the Lease is hereby amended and restated as follows: