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Tenant shall have the right to deduct such amount,without liability or forfeiture,as an offset from Rent then
<br /> due or thereafter coming due hereunder.
<br /> • B. Tenant's Obligations Tenant will (1) illuminate,clean and remove snow and ice from the sidewalks
<br /> and door entrances along the south, north and east sides of the Premises at Tenant's expense; (2) keep the
<br /> inside and outside of all glass in the doors and windows of the Premises clean; (3) maintain in good working
<br /> order all electrical, plumbing, HVAC,and drainage systems within the Premises; (4) replace promptly,at its
<br /> expense,any broken doors and any cracked or broken glass of the Premises with glass of like kind and quality;
<br /> (5) maintain and repair the Premises at its expense in a tenantable,clean,orderly and sanitary condition and
<br /> free of insects, rodents,vermin and other pests; (6) keep any garbage, trash, rubbish or refuse removed at its
<br /> expense on a regular basis and temporarily stored in the Premises or as otherwise designated by Landlord and
<br /> in accordance with local codes; (7) keep all mechanical apparatus free of vibration and noise which may be
<br /> transmitted beyond the Premises; (8) comply with all reasonable recommendations of Landlord's insurance
<br /> carrier hereafter in effect; (9) maintain and repair its sign(s) in good working order; and (10) conduct its
<br /> business and maintain window displays, advertising matter, signs, merchandise and store fixtures in keeping
<br /> with the character and standards of a first class shopping center. Except as may be limited by the provisions
<br /> of Article 13, Section E hereof, Tenant will also repair promptly, at its expense ung-lass :ha cast tharnat ;s
<br /> (11) any damage to the Premises or any other
<br /> improvements within the Shopping Center caused by Tenant, its employees, agents, contractors and
<br /> subcontractors, or anyone claiming by or through Tenant, and (12) any damage caused by the installation or
<br /> removal of Tenant's property, regardless of fault or by whom such damage shall be caused unless caused by
<br /> Landlord,its agents,employees or contractors or subcontractors. Except as otherwise provided in this Article,
<br /> the Premises shall at all times be kept in good order,condition and repair at Tenant's own cost and expense
<br /> and in accordance with all Applicable Laws. If Tenant refuses or neglects to commence repairs within twenty
<br /> (20)days after written demand,or fails to complete such repairs within a reasonable time thereafter,or in the
<br /> case of an emergency, Landlord may make the repairs without liability to Tenant for any loss or damage that
<br /> may accrue to Tenant's stock or business by reason thereof unless caused by the negligence of Landlord (but
<br /> • in no event shall Landlord be liable for any consequential damages), and if Landlord makes such repair,
<br /> Tenant shall pay to Landlord the costs thereof.
<br /> C. Tenant's Alterations. Except for decorating changes and other alterations which do not adversely
<br /> affect the structure, systems, Common Areas, exterior, or value of the building of which the Premises are a
<br /> part and which do not exceed a cost of$5,000 for work done as a single project or alteration,Tenant shall not
<br /> make any repairs,replacements,alterations,improvements or additions("Alterations")to the Premises without
<br /> the prior written consent of Landlord, which consent shall not be unreasonably withheld so long as the
<br /> Alterations do not adversely affect the structure, systems, Common Areas,exterior or value of said building.
<br /> If Landlord's consent is required, then Tenant in requesting such consent and prior to any such work, shall
<br /> at its sole cost and expense:
<br /> (1) Submit to Landlord for review plans and specifications showing such work in reasonable
<br /> detail.
<br /> (2) Furnish Landlord with the names and addresses of all contractors and copies of all contracts.
<br /> (3) Provide Landlord with all necessary permits evidencing compliance with all applicable laws,
<br /> ordinances and regulations.
<br /> (4) Provide Landlord with certificates of insurance in forms and amounts reasonably satisfactory
<br /> to Landlord naming Landlord as an additional insured when required by Landlord.
<br /> (5) Comply with such other requests as Landlord may reasonably make in connection with such
<br /> work, so long as the same does not result in additional expense to Tenant.
<br /> All such work shall, at Landlord's election, be subject to supervision by Landlord. Tenant shall protect,
<br /> defend, indemnify and hold Landlord,the said building and other tenants of said building,harmless from and
<br /> against any liabilities which may arise out of or in connection with the Alterations. All Alterations by Tenant
<br /> will be constructed with new materials,in a good and workmanlike manner,and in compliance with the plans
<br /> and specifications approved by Landlord, all insurance requirements, and all Applicable Laws. Tenant will
<br /> pay for any labor,services,materials,supplies or equipment furnished to Tenant in or about the Premises,and
<br /> will pay and discharge any mechanic's,materialmen's or other lien against the Premises resulting from Tenant's
<br /> failure to make such payment,or provide for the discharge thereof as provided in Article 15 hereof. Landlord
<br /> may post notices of nonresponsibility on the Premises as provided by law. Upon completing any Alterations,
<br /> Tenant shall furnish Landlord with contractors'affidavits,sworn statements and full and final waivers of liens
<br /> and receipted bills covering all labor and material expended and used.
<br /> D. Exterior of Premises. Except for any repairs or maintenance required to be performed by Tenant in
<br /> accordance herewith,Tenant will not paint or decorate any part of the exterior of the Premises,including store
<br /> fronts,or attach or affix any signs to any portion of the exterior of the Premises,or display any signs attached
<br /> 326559.8 Redlined V8 to V7 9.27.96 14
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