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DRAFT <br /> such change shall be deemed to be an Assignment. This Section shall not apply if Tenant(and/or <br /> guarantor, if any) named herein is a corporation and the outstanding voting stock thereof is listed <br /> on a recognized national securities exchange. <br /> Whether or not Landlord has consented to assignment or sublease, Tenant shall pay <br /> directly to Landlord the amount by which the rent or other payments received by Tenant <br /> pursuant to such assignment or sublease exceeds, in any month, the Rent and additional rent <br /> payable by Tenant to Landlord Hereunder. <br /> 6. MAINTENANCE AND REPAIRS: <br /> Tenant agrees to keep, maintain and repair the Premises and the fixtures and equipment <br /> therein in first class, properly functioning, safe, orderly and sanitary condition, will make all <br /> necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration <br /> or other termination of the Term of this Lease, surrender the same with all improvements in the <br /> same order and condition in which they were on the commencement date of this lease, or in such <br /> better condition as they may hereafter be put, excepting ordinary wear and tear as well as <br /> casualty damage to the extent such casualty damage is covered by insurance excepted. <br /> Notwithstanding anything apparently to the contrary in this Section, any cost of repairs or <br /> improvements to the Building, to the Premises or to any common areas which are occasioned by <br /> the negligence or default of Tenant, its officers, employees, agents or invitees, or by <br /> requirements of law, ordinance or other governmental directive and which arise out of the nature <br /> of Tenant's use and occupancy of the Premises or the installations of Tenant in the Premises shall <br /> be paid for by Tenant. <br /> 7. ALTERATIONS; SIGNS; EQUIPMENT; MOVING: <br /> Tenant will not make or permit anyone to make any alterations, decorations, additions or <br /> improvements, structural or otherwise, in or to the Premises or the Building without the prior <br /> written consent of Landlord. As a condition precedent to consent of Landlord hereunder, Tenant <br /> agrees to obtain and deliver to Landlord such security against mechanic's liens as Landlord shall <br /> reasonably request. If any mechanic's lien is filed against any part of the Building for work <br /> claimed to have been done for, or materials claimed to have been furnished to Tenant, such <br /> mechanic's lien shall be discharged by Tenant within ten days thereafter, at Tenant's sole cost <br /> and expense, by the payment thereof or by making any deposit required by law. Regardless of <br /> whether Landlord's consent is required or obtained hereunder: (i) all alterations shall be made in <br /> accordance with applicable laws, codes and insurance guidelines, and shall be performed in a <br /> good and workmanlike manner, (ii) if the construction or installation of Tenant's alterations or <br /> fixtures causes any labor disturbance, Tenant shall immediately take any action necessary to end <br /> such labor disturbance, and (iii) Tenant shall furnish to Landlord as-built plans in such format as <br /> Landlord may reasonably require. All alterations, which become permanent fixtures to the <br /> Premises shall become the property of Landlord upon expiration of the Term and shall remain <br /> upon and be surrendered with the Premises as a part thereof without disturbance or injury, unless <br /> Landlord requires specific items thereof to be removed by Tenant at Tenant's sole expense, in <br /> which event Tenant shall do so prior to the expiration of the Term at its expense, and shall repair <br /> any damage caused thereby. <br /> 4 <br /> 416585v5 SJR MU210-35 <br />