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(ii) a partnership, limited liability company or association or otherwise not a <br />natural person (and is not a corporation or a trust) and there shall occur any change in the <br />identity of any of the persons who then are members of such partnership or association or <br />who comprise Tenant, <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 />4 <br />MU210-35-681286.v2 <br />