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Department of Labor, Bureau of Labor Statistics, for the Seattle-Everett Metropolitan Area for
<br /> Urban Wage Earners and Clerical Workers (or a successor index produced by the U.S.)prior to
<br /> the Commencement Date (or prior adjustment date, as applicable) and the last CPI published
<br /> prior to the current adjustment date, unless a more specific adjustment method is set forth for a
<br /> particular adjustment.
<br /> ARTICLE 8
<br /> REPAIRS, MAINTENANCE AND ALTERATIONS
<br /> Section 8.1 Repairs and Maintenance to Premises. Throughout the Lease Term,
<br /> Lessee shall keep the Regional Center and other improvements hereafter situated upon the
<br /> Premises, including, without limitation, the structural and exterior portions, roofing and covering
<br /> material, foundations, exterior walls, plumbing, electrical systems, heating and ventilation
<br /> systems, in good and safe condition and in good order and repair, and Lessee shall conform to
<br /> and comply with all valid ordinances, regulations or laws affecting the Premises, the Regional
<br /> Center or any improvements on the Premises or the use thereof. Lessor covenants and agrees
<br /> that Lessee shall have the right to contest, at Lessee's sole cost and expense, any asserted or
<br /> alleged violation of such ordinances, regulations or laws of any kind or character and by
<br /> whomsoever asserted or alleged in the name of Lessee or Lessor, as Lessee may deem
<br /> appropriate.
<br /> .Lessor shall have no obligation whatsoever to keep, maintain, alter, remodel, improve,
<br /> repair, decorate or paint the Regional Center or any improvements hereafter situated upon the
<br /> Premises. It is the intention of the parties that Lessee and not Lessor shall have the full
<br /> responsibility and obligation for the repair and maintenance of the Regional Center and other
<br /> improvements hereafter situated upon the Premises and Lessee waives, to the full extent allowed
<br /> by law, any right or remedy against Lessor based upon the condition of the Regional Center or
<br /> any improvements hereafter situated upon the Premises or any failure by Lessor or Lessee to
<br /> repair or maintain the Regional Center or any such improvements.
<br /> Section 8.2 Alterations Not Requiring Consent. In addition to the construction of
<br /> the Regional Center as described in Article 3, Lessee shall have the right, from time to time, to
<br /> make additions, alterations and changes (hereinafter sometimes referred to collectively as
<br /> "alterations") in or to the Regional Center, and other improvements located on the Premises
<br /> (including, without limitation, parking areas, sidewalks and landscaping). Lessee shall keep
<br /> Lessor advised of all material alterations and shall provide Lessor with schematic drawings of
<br /> areas of the Regional Center as modified by material alterations. As used herein, "material
<br /> alterations" shall not mean or include changes of interior demising walls, painting, carpeting or
<br /> floor covering within the Regional Center.
<br /> Section 8.3 Alterations Requiring Consent. Notwithstanding the provisions of
<br /> Section 8.2, if the cost of an alteration will exceed One Million Dollars ($1,000,000) (adjusted
<br /> every 5th anniversary of the Lease Term pursuant to Section 7.4), or if the Lessor believes that it
<br /> will materially and detrimentally alter the exterior appearance of the Regional Center, such
<br /> alteration shall require Lessor's prior written consent, which consent shall not be unreasonably
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<br /> GROUND LEASE COE--EPFD
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