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EXECUTION COPY
<br />appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from
<br />the leaking of gas, water, sewer or steam pipes, or from problems with electrical service, or resulting
<br />from the sprinkler system in the Leased Premises or rain water which leaks or flows from any part of
<br />the Leased Premises, or for any theft, disappearance or loss of any property from the Leased Premises,
<br />unless the condition causing such injury or damage results directly and solely from the negligence of
<br />LESSOR or LESSOR's agents, employees, or persons under the control or direction of LESSOR.
<br />8. LESSEE'S ACCEPTANCE AND MAINTENANCE OF LEASED PREMISES.
<br />Subject to the completion of LESSOR's Work, as expressly set forth in Section 10, LESSEE's
<br />occupancy of the Leased Premises shall constitute LESSEE's representation to LESSOR that LESSEE
<br />has examined and inspected the Leased Premises, finds the Leased Premises to be satisfactory for
<br />LESSEE's intended use, and constitutes LESSEE's acceptance of the Leased Premises in its "AS IS"
<br />"WHERE IS" and "WITH ALL FAULTS" condition. Except as expressly stated in this Lease, LESSOR
<br />makes no representation or warranties regarding the condition of the Leased Premises or the Property.
<br />During LESSEE's move -in and move -out, a representative of LESSEE must be on-site with LESSEE's
<br />moving company to insure proper treatment of the Property and the Leased Premises. Notwithstanding
<br />the foregoing to the contrary, LESSEE shall have thirty (30) business days to inspect the Leased
<br />Premises after delivery to LESSEE of the Leased Premises in its shell condition ("Inspection Period").
<br />In the event that the result of LESSEE's inspection reveals any material defect, LESSEE shall deliver
<br />written notice thereof to LESSOR within the Inspection Period. Such notice shall state with specificity
<br />the nature of the alleged defect and LESSEE's proposed method of resolving or curing such defect.
<br />LESSOR shall have fifteen (15) days from receipt of LESSEE's notice to elect to resolve or cure the
<br />alleged defect or to dispute the alleged defect. If LESSOR fails to timely respond, then LESSOR shall
<br />be deemed to have elected to accept the alleged defect. If the parties are unable to resolve any dispute
<br />within forty five (45) days after LESSOR's response (or expiration of the time period for LESSOR's
<br />response), then either party may elect to terminate this Lease. Notwithstanding the foregoing, LESSOR
<br />hereby represents and warrants that, to the best of its knowledge, (i) the Property's structural
<br />components, roof and roof membrane, foundation, fixtures and the interior of the Leased Premises will
<br />be delivered to LESSEE in good condition and repair, (ii) the Property systems, including the electrical,
<br />heating, ventilation and air conditioning systems, plumbing, utilities, and any sprinkler, lighting,
<br />communications, security and fire/life safety systems serving the Property and Leased Premises will be
<br />in good working order and condition; and (iii) there are no known Hazardous Substances located in or
<br />around the Property or Leased Premises.
<br />9. LESSEE'S MAINTENANCE OBLIGATIONS. LESSEE shall, at LESSEE's sole
<br />cost and expense, be responsible for maintenance, repairs, and replacements to all elements of the
<br />interior of the Leased Premises and the exterior doors and windows. Such responsibilities include
<br />(without limitation) maintenance, repairs, and replacements of lighting fixtures (and bulb replacement),
<br />electrical outlets and facilities, plumbing (and restroom and kitchen) facilities and fixtures, HVAC, and
<br />drain maintenance and repairs. LESSEE shall, at LESSEE's sole cost and expense, be responsible for
<br />janitorial services and trash removal, as well as security of the Leased Premises.
<br />LESSEE shall promptly pay LESSOR upon demand therefor any and all costs associated with
<br />any damage or destruction to the Property or the Leased Premises due to LESSEE's moving into or out
<br />of the Leased Premises. LESSEE shall deliver at the end of this Lease each and every part of the Leased
<br />Premises in good repair and condition, ordinary wear and tear and damage by casualty not caused by
<br />LESSEE excepted. The delivery of a key or other such tender of possession of the Leased Premises to
<br />LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 10 of 36
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