Common use of Services and Utilities Clause in Contracts

Services and Utilities. Landlord shall use all reasonable efforts to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord Tenant shall promptly pay, as the same ---------------------- become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including without limitation, (i) meter, use all reasonable efforts and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to furnish or cause to be furnished making the existing electrical, gas, and water service available to the Premises as of the utilities Commencement Date), and services described in the Standards (ii) penalties for Services and Utilities, attached hereto as Exhibit B, subject discontinued interrupted service. If any utility service is not separately metered to the conditions and in accordance Premises, then Tenant shall pay its pro rata share of the cost of such utility service with all others served by the standards set forth thereinservice not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service not separately metered. then Landlord at its election may (i) periodically charge Tenant, as Additional Rent, a sum equal to Landlord’s obligation 's reasonable estimate of the cost of Tenant's excess use of such utility service, or (ii) install, at Tenant's expense, a separate meter to furnish services measure the utility service supplied to the Premises. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability Project shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant's business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding agreement hereof; provided, however, in the foregoing, if: (i) any such utility service is interrupted because event that an interruption of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date Project services causes the Premises (or material any portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on untenantable for a per diem basis for each day after such ten period of at least five (105) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenantconsecutive business days, and such abatement interruption was caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors, then monthly Rent shall continue until be proportionately abated for such untenantable portion of the date the Premises become tenantable againPremises.

Services and Utilities. Landlord Beginning on the Premises Delivery Date, Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use all reasonable efforts to furnish and/or connection fees, hook-up fees, or cause to be furnished standby fees, and (b) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises Premises, then Tenant shall pay its pro rata share of the utilities and services described in cost of such utility service with all others served by the Standards for Services and Utilitiesservice not separately metered. However, attached hereto if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not separately metered), then Landlord, at its election, may (i) periodically charge Tenant, as Exhibit BAdditional Rent, subject a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use of such utility service, and/or (ii) install, at Tenant's expense, a separate meter to measure the utility service supplied to the conditions and in accordance with the standards set forth thereinPremises. Landlord’s obligation to furnish services Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant's business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoingagreement hereof; provided, if: however, that if (i1) any such utility service is interrupted because an interruption of the grossly negligent acts Project services occurs, (2) such interruption prevents Tenant from occupying, and Tenant does not occupy, all or a material portion of the Premises for the Permitted Use for a period of at least seven (7) consecutive days, and (3) such interruption was caused solely by the negligence or willful misconduct of Landlord, its agents or employees, agents then monthly Rent shall thereafter be abated until the earlier of (i) the date on which such interruption ceases or contractors; (ii) the date on which Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises resumes occupying all or a material portion thereof, is rendered untenantable (meaning of the Premises. Such abatement shall be in proportion to the ratio that the amount of rentable square feet of the Premises that Tenant is unable prevented from occupying and does not occupy for the Permitted Use bears to use the total rentable square feet of the Premises; provided, however, that if the portion of the Premises that Tenant is prevented from occupying and does not occupy for the Permitted Use is so significant as to prevent Tenant from conducting business in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on then the tenth (10th) consecutive Business Day following the latest to occur full amount of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the monthly Rent payable hereunder shall be abated on during the abatement period described in the preceding sentence. Tenant acknowledges and agrees that the abatement set forth in this Section shall be its sole remedy in the event of a per diem basis for each day after such ten (10) Business Day period based upon cessation or interruption in the percentage provision of the Premises so rendered untenantable and not used by TenantProject services, and such abatement Tenant shall continue until the date the Premises become tenantable againnot have any right to offset or deduct any costs or expenses incurred by Tenant in connection therewith against Rent.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises common areas of the Building, the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services and governmental rules and regulationsis due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to restore remedy any service required interruption in the furnishing of it that becomes unavailable; however, such unavailability services and utilities. Landlord shall not render (except in the event of an emergency or a force majeure event) exercise any right of Landlord liable for any damages caused therebyto reduce, be a constructive eviction of Tenant, constitute a breach of any implied warranty, interrupt or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility cease service is interrupted because of the grossly negligent acts heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, the Building or material portion thereofthe Property, thenwithout advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space possession and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage occupancy of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until for the date the Premises become tenantable againpurpose of conducting its business on a continuing basis.

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease beyond any cure period, and subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises (as to HVAC, during Building Business Hours specified on the Reference Pages on generally recognized business days, but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities and services described consistent with standards for comparable Class A office buildings in the Standards Cambridge, MA area, in quantities sufficient for Services the reasonably anticipated demand for such services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service (provided only on generally recognized business days); (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use commercially reasonable efforts to restore remedy any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part furnishing of services and utilities as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) soon as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againpossible.

Services and Utilities. Landlord Tenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant at the Building during the Lease Term, including, without limitation, (i) meter, use all reasonable efforts to furnish and/or connection fees, hook-up fees, or cause to be furnished standby fees, and (ii) penalties for discontinued interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the utilities and services described in the Standards for Services and UtilitiesLease Term; provided that, attached hereto as Exhibit B, subject any such upgrades by Tenant shall be performed pursuant to the terms and conditions and in accordance with the standards set forth thereinof Article 8 of this Lease. Landlord’s obligation to furnish services Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant's business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle agreement hereof; provided that, to the extent the cause is the failure of Landlord to observe or perform an obligation of Landlord hereunder and such failure materially adversely affects Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the cure of such failure, to the extent reasonably possible, promptly after receipt from Tenant of notice of the failure and Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to any abatement Tenant Energy Use Disclosure. Without limiting the generality of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of LandlordTenant shall, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon days following request from Landlord, disclose to Landlord all non-proprietary, non-confidential information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the percentage amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the Premises so rendered untenantable and not used by Tenant"Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such abatement information. The terms of this paragraph shall continue until survive the date the Premises become tenantable againexpiration or earlier termination of this Lease.

Services and Utilities. Landlord shall use (a) Subject to all the terms and provisions of this Agreement, the Port Authority will furnish without additional charge to the Lessee the following: (1) Heat, ventilation and air cooling to maintain in the premises an even and comfortable working temperature during normal business hours; (2) To the extent that the Lessee's consumption does not exceed the capacity of feeders, risers or wiring in the premises or Facility, electricity, during normal business hours, in reasonable efforts to furnish or cause quantities solely for illumination, by which is meant the energizing of fluorescent and incandescent bulbs (to be furnished supplied, paid for and installed by the Lessee), and for the operation of such machines and equipment as the Port Authority may consent to in advance; and (b) Unless the Premises premises contain toilet and washroom facilities, the utilities Port Authority shall, without additional charge, furnish non-exclusive toilet and washroom facilities for the employees of the Lessee. (c) The Port Authority will supply cleaning services in the premises as described in the Standards for Services and Utilities, Schedule B attached hereto as Exhibit Band hereby made a part hereof. (d) If the Lessee, subject to the conditions and in accordance with the standards set forth thereinSection of this Agreement entitled "Construction by the Lessee" or otherwise, erects any partitions or makes any improvements which stop, hinder, obstruct or interfere with the cooling of the air or the heating of the premises, or if the Lessee shall fail to close and keep closed the window coverings when the sun is shining on the windows of the premises, then no such action by the Lessee shall impose any obligations on the Port Authority to install facilities, fixtures or equipment for air-cooling or for heating additional to those existing or presently contemplated or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any such event be relieved of any of its obligations hereunder because a comfortable temperature is not maintained. Landlord’s obligation No consent given by the Port Authority to furnish services pursuant to Exhibit B the erection of partitions or the making of any improvements shall be subject or be deemed to be a representation that the rules and regulations work consented to will not stop, hinder, obstruct or interfere with either the cooling of the supplier air or heating of the premises or any portion thereof. It is hereby understood further that the installation by the Lessee of any equipment which itself requires air cooling or which requires additional quantities of air cooling at the portion of the premises where such equipment is installed, or the concentration in any portion of the premises of such services and governmental rules and regulations. Landlord shall use reasonable efforts a number of people so as to restore any service required require additional quantities of it that becomes unavailable; howeverair cooling, such unavailability shall not render Landlord liable impose any obligation on the Port Authority to install facilities, fixtures and equipment for air cooling additional to those initially existing, or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any damages caused thereby, such event be a constructive eviction of Tenant, constitute a breach relieved of any implied warranty, or entitle Tenant to any abatement of Tenant’s its obligations hereunder. Notwithstanding (c) The Lessee shall keep closed all entrance doors and all windows in the foregoingpremises except that doors may be opened when required for ingress or egress. The Lessee shall not otherwise waste or dissipate the air cooling or heating services. Without otherwise affecting the Port Authority's rights or remedies in the event of any breach by the Lessee of its obligations under this Agreement, if: (i) the Port Authority shall have the right to discontinue or reduce the said heating or air-cooling service during any period of such waste or dissipation and any failure of the Port Authority to supply any such utility service is interrupted because under such conditions shall not affect any of the grossly negligent acts of LandlordLessee's obligations under this Agreement. (f) If any federal, its employeesstate, agents municipal or contractors; (ii) Tenant notifies Landlord of such interruption in writing (other governmental body, authority or agency or any public utility assesses, levies, imposes, makes or increases any charge, fee or rent on the “Interruption Notice”); (iii) such interruption does not arise in whole Port Authority for any service, system or utility now or in the future supplied to or available to the premises or to any occupants or users thereof or to the structure or building of which the premises form a part as a result (including but not limited to any sewer rent or charge for the use of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruptionsewer systems), the Premises or a material portion thereofLessee shall, is rendered untenantable (meaning that Tenant is unable to use at the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur option of the date Port Authority exercised at any time and from time to time by notice to the Premises Lessee, pay, in accordance with said notice, such charge, fee or rent or increase thereof (or material the portion thereofthereof allocated by the Port Authority to the premises or the Lessee's operations hereunder) becomes untenantableeither directly to the governmental body, authority or agency or to the date Tenant ceases public utility or directly to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againPort Authority.

Services and Utilities. It is agreed that Landlord shall use all reasonable efforts to furnish or cause to adequate air-conditioning during the seasons of the year when air-conditioning is required and adequate heat during the seasons of the year when heat is required. It is further agreed that Landlord shall provide reasonably adequate electricity, water, exterior window cleaning service and char and janitorial service. The char and janitorial service shall be furnished to provided Monday through Friday only (except legal holidays) in accordance with the Premises the utilities and services described prevailing standards for comparable office buildings in the Standards Reston, Virginia area. Landlord shall provide elevator service by means of automatically operated elevators; provided, however, that Landlord shall have the right to remove elevators from service as the same shall be required for Services moving freight, or for servicing or maintaining the elevators and/or the Building. Landlord shall furnish all services and Utilitiesutilities required by this lease only during the normal hours of operation of the Building, as set forth in the rules and regulations attached hereto as Exhibit BB (“Rules and Regulations”), subject unless otherwise specified herein. It is also agreed that if Tenant requires air-conditioning or heat beyond the normal hours of operation set forth herein and provided arrangements are made with Landlord’s agent, Landlord shall furnish such air-conditioning or heat and Tenant agrees to pay for the conditions and same with the next monthly installment of rent in accordance with the standards set forth thereinthen-current schedule of costs and assessments therefor. Landlord’s obligation It is understood and agreed that Landlord shall not be liable for failure, delay or suspension in furnishing any of the utilities or services required to be provided by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God or from any other cause whatsoever. Any such failure or inability to furnish the utilities or services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability hereunder shall not render Landlord liable for any damages caused therebybe considered an eviction, be a constructive eviction actual or constructive, of TenantTenant from the Premises, constitute a breach of any implied warranty, or and shall not entitle Tenant to any terminate this Lease or to an abatement of Tenant’s obligations any rent payable hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases event that material services to use the Premisesbe provided by Landlord under this Lease such as electricity, water, gas, sewer or material portion thereofHVAC, thenare suspended for more than 48 consecutive hours, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder rent shall be abated on a per diem basis for each day after until such ten (10) Business Day period based upon time as the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againservices are restored.

Services and Utilities. Landlord shall use all reasonable efforts Provided that Tenant is not in default hereunder, Xxxxxxxx agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Services and Utilitiestwenty-four (24) hours a day, attached hereto as Exhibit Bseven (7) days a week, subject to the conditions Rules and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations Regulations of the supplier Building or Project, water, and electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Land-lord's judgment for the comfortable use and occupancy of such services and governmental rules and regulationsthe Premises. Landlord shall use reasonable efforts to restore any service required maintain and keep lighted the common stairs, common entries and restrooms of it that becomes unavailable; however, such unavailability the building. Land-lord shall not render Landlord be in default hereunder or be liable for any damages caused therebydirectly or indirectly resulting from, nor shall the Rent be a constructive eviction abated by reason of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) the installation, use or inter-ruption of use of any equipment in connection with the furnishing of any of the forego-ing services by the utility company or as to which Landlord is not otherwise liable under the lease, (ii) failure to furnish or delay in furnishing any such utility service services where such failure or delay is interrupted because of caused by accident or any condi-tion or event beyond the grossly negligent acts reason-able control of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does the limitation, curtailment or ration-ing of, or restric-tions on, use of water, electricity, gas or any other form of energy serving, the Premis-es, Building or Project. Landlord shall not arise in whole be liable under any circumstances for a loss of or injury to property or business, however occur-ring, through or in part as a result connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the tempera-ture otherwise maintained by the HVAC system, Landlord reserves the right to install supplemen-tary air condi-tioning units in the Premises and the cost thereof, including the cost of an act or omission installation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall have its own electric meter and shall be solely responsible for all costs of a electricity furnished by Landlord for their use. Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) shall not, without the repair or restoration of such service is reasonably within the control written consent of Landlord; and (vi) as a result of such interruption, the Premises use any apparatus or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises device in the normal course of it business) and Tenant in fact ceases to use the Premises, including without limita-tion, elec-tronic data processing machines, punch card machines or material portion thereofmachines using in excess of 120 volts, thenwhich consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, Tenant’s sole remedy as determined by Land-lord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such interruption services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (estab-lished by an estimate made by a utility company or material portion thereof) becomes untenantable, the date electrical engineer hired by Landlord at Tenant's expense. Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for exterior building standard lights, window washing and common area janitor services in a per diem basis for each day after manner that such ten (10) Business Day period based upon services are customarily furnished to comparable office buildings in the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againarea.

Services and Utilities. (a) Landlord shall use provide all reasonable efforts to furnish or cause to be furnished utility services for the Building up to the Premises point of distribution to the Premises. (b) Tenant shall obtain all utility services for the Premises, including, without limitation, electricity, water, gas, telephone and other utilities and services described communications services, pest control, security monitoring, janitorial and garbage collection in the Standards for Services and Utilities, attached hereto its own name effective as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Commencement Date and shall pay all costs for the use of such services directly to the applicable utility, including any fine, penalty, interest or cost which may be added hereto for non-payment thereof. Notwithstanding the foregoing, if during the Term any utilities are separately metered in the Premises, Tenant shall reimburse Landlord on a monthly basis for such utilities promptly after receipt by Tenant of an invoice therefor from Landlord, which reimbursement shall constitute Additional Rent hereunder. In the event any utility serving the Premises during the Term is not separately submetered. Tenant shall reimburse Landlord on a monthly basis as Additional Rent for Tenant's proportionate share of the cost of such utility service, which proportionate share shall be calculated as a fraction, the numerator of which shall be the number of rentable square feet leased in the Building by Tenant, at the time of such calculation and governmental rules the denominator of which shall equal the total number of rent1ble square feet in the Building leased to tenants (including Tenant) which share utility meters at the time of such calculation. In the event Landlord leases space to other tenants which share Tenant's electricity meter, which other tenants have dissimilar uses to Tenant's Permitted Use, Landlord shall adjust Tenant's proportionate share accordingly to reflect actual usage to the extent possible in Landlord's reasonable judgment. (c) In the event of any failure or interruption in any service or utility whether caused by breakage, accident, strikes, repairs, failure of fuel supply, or for any other cause or causes, Tenant shall not be entitled to xxxxx Fixed Rent payable hereunder except if, and regulationsonly if, (i) any such failure or interruption in service was caused solely by the negligence or willful misconduct of Landlord, (ii) such failure continues for seven (7) business days after Landlord's receipt of written notice thereof from Tenant, and (iii) such failure materially interferes with Tenant's occupancy. Any abatement available to Tenant pursuant to this Paragraph shall be limited to the portion of the Premises affected. However, in no event shall Landlord be liable to Tenant for any indirect or consequential damages. Notwithstanding the foregoing, Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunderinterrupted service. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again14.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment for the intended use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within fifteen (15) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of the method used to pass the cost of electricity through to Tenant, Tenant shall not be charged for electricity more than the net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. Water, heat and air conditioning (subject to the terms set forth herein regarding after hours HVAC), elevator service required of it that becomes unavailable; howeverand electricity , such unavailability shall not render Landlord liable for any damages caused therebybe provided twenty-four (24) hours per day, be a constructive eviction of Tenantseven (7) days per week, constitute a breach of any implied warranty, or entitle Tenant subject to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because events outside of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the reasonable control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space Landlord and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage terms of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againthis Lease.

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other Initials provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during ordinary business hours (8:00AM to 6:00PM) on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from in time to time in Landlord's judgment be reasonably required; and, (f) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rent, for all electricity used by Tenant in the Premises and Tenant shall pay as Additional Rent, for Tenant’s Proportionate Share of electricity used in the operation, maintenance, repair and management of the Building, including all common areas. The charge shall be at the rates charged for such services and governmental rules and regulationsby the local public utility. Landlord shall use reasonable efforts to restore remedy any service required interruption in the furnishing of it that becomes unavailableservices and utilities. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing; provided, however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding in the foregoing, if: event that (i) any heat, air conditioning, electric, water, or sewer (the “Primary Utilities”) are not available for use by the Tenant at the Premises for a period of five (5) consecutive days, and the cause of such utility service non availability is interrupted because of the grossly negligent acts of due to something in Landlord’s control, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (if the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption Building is not caused by available for use for a fire or other Casualty; period of five (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th5) consecutive Business Day following days due to the latest violation or alleged violation of any Environmental Laws, then Tenant shall have the right thereafter to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated xxxxx rent on a per diem basis for each day after such ten (10) Business Day period based upon the percentage that any of the Premises so rendered untenantable and Primary Utilities or the Building are not used available for use by the Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord Tenant shall be responsible for procuring all services and Utilities necessary for the Permitted Use in the Premises, and shall promptly pay, as the same become due, all charges for all Utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (i) meter, use all reasonable efforts to furnish and/or connection fees, hook-up fees, or cause to be furnished standby fees, and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises Premises, then Tenant shall pay its pro rata share of the utilities and services described in cost of such utility service with all others served by the Standards service not separately metered. Any interruption or cessation of Utilities resulting from any causes, including any entry for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant’s business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoingagreement hereof; provided, if: however, that if (i) any such utility service is interrupted because an interruption of the grossly negligent acts Project services prevents Tenant from occupying all or a material portion of the Premises for the Permitted Use for a period of at least seven (7) consecutive days and (ii) such interruption was caused by the gross negligence or willful misconduct of Landlord, its agents or employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (then monthly Rent shall thereafter be proportionately abated during the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result period of such interruption. Nothing in this Section 4 shall limit the parties’ rights and obligations under Section 9 hereof, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course event of it businessa casualty affecting the Building or Premises. Landlord shall make commercially reasonable efforts to give Tenant at least forty-eight (48) and Tenant hours prior written notice of any scheduled interruption in fact ceases Project services to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord Tenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant at the Project during the Lease Term, including, without limitation, (i) meter, use all reasonable efforts to furnish and/or connection fees, hook-up fees, or cause to be furnished standby fees, and (ii) penalties for discontinued or interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the utilities and services described in the Standards for Services and UtilitiesLease Term; provided that, attached hereto as Exhibit B, subject any such upgrades by Tenant shall be performed pursuant to the terms and conditions and in accordance with the standards set forth thereinof Article 8 of this Lease. Landlord’s obligation to furnish services Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant's business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle agreement hereof. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall cooperate with Landlord with respect to any abatement Tenant Energy Use Disclosure. Without limiting the generality of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of LandlordTenant shall, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon business days following receipt of written request from Landlord, disclose to Landlord all information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the percentage amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the Premises so rendered untenantable and not used by Tenant"Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's actual knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such abatement information. The terms of this paragraph shall continue until survive the date the Premises become tenantable againexpiration or earlier termination of this Lease.

Services and Utilities. Landlord Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. At no time shall use all reasonable efforts to furnish or cause to be furnished to of electricity in the Premises exceed the utilities capacity of existing feeders and services described risers to or wiring in the Standards Premises. Any interruption or cessation of utilities (each, a “Service Interruption”) resulting from any causes, including any entry for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant’s business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle Tenant to any abatement of Tenant’s obligations hereunderagreement hereof. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of if the grossly negligent acts of LandlordPremises, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered made untenantable or inaccessible for more than three (meaning 3) consecutive business days after written notice from Tenant to Landlord as a result of a Service Interruption, then to the extent that Tenant Service Interruption is unable to use caused by the Premises in the normal course negligence or willful misconduct of it business) and Tenant in fact ceases to use the Premises, Landlord or material portion thereof, thenany Landlord Parties, Tenant’s , as its sole remedy for such interruption remedy, shall be as follows: entitled to receive an abatement of Monthly Rent (defined below) payable hereunder during the period beginning on the tenth fourth (10th4th) consecutive Business Day following business day of such Service Interruption and ending on the latest to occur of day the date service is restored. If a Service Interruption renders less than the entire Premises (untenantable or material portion thereof) becomes untenantableinaccessible, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the amount of Monthly Rent payable hereunder abated shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon prorated in proportion to the percentage of the rentable square footage of the Premises so that is rendered untenantable and not or inaccessible. As used by Tenantherein, and such abatement shall continue until the date the Premises become tenantable again.“

Services and Utilities. Provided that Tenant is not in default hereunder beyond any applicable cure period, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during the utilities hours of 6:00 a.m. to 6:00 p.m. Monday through Friday (excluding holidays) and services described in the Standards for Services 8:30 a.m. to 2:30 p.m. Saturday ("Building Hours"), and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building of which the Premises are a part, electricity for normal lighting, personal computers, printers, fax machines and copy machines typically used in a professional office of the same size as the Premises, and fractional horsepower office machines, heat and air conditioning required in Landlord's good faith judgment for the comfortable use and occupation of the Premises, and janitorial service. Janitorial service shall be provided to the Premises five (5) days per week, excluding holidays, and excluding those portions of the Premises as to which access is prevented by Tenant (e.g., Tenant's vaults or the special security areas designated by Tenant (such services vault and governmental rules and regulationssecurity areas to be approved by Landlord so as to not interfere with Landlord's access to the Building structure or utility systems)) During the term of this Lease, Landlord shall maintain the quality of said janitorial service that is in effect as of the Commencement Date. Landlord shall use reasonable efforts to restore any service required also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of it that becomes unavailable; however, such unavailability which the Premises are a part. Landlord shall not render Landlord be in default hereunder, or be liable for any damages directly or indirectly resulting from, and Tenant shall not be entitled to, any reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused therebyby accident, be a constructive eviction of Tenantbreakage, constitute a breach repairs, strikes, lockouts or other labor disturbances or labor disputes of any implied warrantycharacter, or entitle Tenant to by any abatement of Tenant’s obligations hereunder. Notwithstanding other cause, similar or dissimilar, beyond the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the reasonable control of Landlord; and (vi) as . Landlord shall not be liable under any circumstances for a result loss of such interruptionor injury to property or consequential damages, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature, or a material portion if Premises alterations (whether consented to or performed by Landlord or not) adversely affect Premises heating or cooling, Landlord reserves the right to install supplementary climate control equipment and/or rebalance and the cost thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) including operation and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption maintenance shall be as follows: on the tenth (10th) consecutive Business Day following the latest paid by Tenant to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used demand by Tenant, and such abatement shall continue until the date the Premises become tenantable againLandlord.

Services and Utilities. (a) Landlord shall use all reasonable efforts to furnish or cause to be furnished to maintain the Premises Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, the utilities and services described windows in the Standards Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in good order and condition, except for Services and Utilities, attached hereto as Exhibit B, subject to damage occasioned by the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction act of Tenant, constitute a breach its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense. In addition, Landlord, at its own cost and expense, shall, during the Term of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, ifLease: (i) subject to the limitation set forth in Paragraph 2(b) hereof, remedy any such utility service is interrupted because Latent Defects in construction work; (ii) keep in good order and repair during the Term of the grossly Lease (and any extensions and renewals thereof) all exterior portions of the Premises including, but without limitation, the roof, walls, gutters, downspouts, interior roof drains or conductors, etc.; and (iii) make any and all repairs to all concealed plumbing within the Premises (including, without limitation, septic tanks, if any, and the sprinkler system), as well as sewer, gas, electric and other utility lines up to but not within the Premises unless such repairs are required by the negligent acts of LandlordTenant, its employees, agents or contractors; (ii) Tenant notifies invitees. If Landlord fails to proceed promptly, taking in to consideration the nature of such interruption in writing (the “Interruption Notice”); (iii) defect, to remedy any such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration defect to Tenant's satisfaction after receipt of such service is reasonably within the control of Landlord; and (vi) as a result of such interruptionnotice from Tenant, the Premises or a material portion thereofTenant, is rendered untenantable after not less than seven (meaning 7) days additional notice to Landlord (except that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption no notice shall be as follows: on required under emergency conditions or where Tenant's operations shall be materially adversely affected) may, but shall not be obligated to, remedy such defects. All sums expended by Tenant to cure such defects shall be paid by the tenth Landlord to Tenant upon demand with interest at the rate of eight percent (10th8%) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, per annum from the date Tenant ceases to use makes such space and payment(s). Without limiting the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage generality of the Premises so rendered untenantable foregoing covenants on the part of the Landlord to remedy defects and not used without releasing the Landlord therefrom, any and all guarantees and warranties given to the Landlord by a manufacturer, contractor or subcontractor for any and all supplies, material, equipment (including replacement equipment) or labor, whether related to the particular items hereinbefore specified or not, shall inure to the benefit of the Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord shall use all reasonable efforts to furnish or cause to be furnished to The last sentence of Article 15B of the Lease is hereby ---------------------- deleted in its entirety and replaced with the following: "In the event that Tenant is prevented from using, and does not use, the Premises the utilities and services described or any portion thereof, for five (5) consecutive business days or fifteen (15) business days in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. any twelve (12) month period following Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations 's receipt of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle written notice from Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi"Eligibility Period") as a result of any (i) repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform and which was required by this Lease (which is not necessitated by the negligence of Tenant or its employees, agents, contractors or invitees) and which substantially interferes with Tenant's use of the Premises, and (ii) interruption in any of the following building services required to be provided by Landlord (so long as it is not due to the fault or neglect of Tenant, its agents, employees, contractors or invitees): heating, ventilation and air conditioning, electrical services, janitorial service or water or any other "essential" building service (each such interruptioncircumstance to be known as an "Abatement Event"), then Tenant's rent and parking charges shall be abated or reduced, as the Premises or a material portion thereofcase may be, is rendered untenantable (meaning after expiration of the Eligibility Period for such time that Tenant is unable continues to use the Premises in the normal course of it business) be so prevented from using, and Tenant in fact ceases to use does not use, the Premises, or material a portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on in the tenth (10th) consecutive Business Day following proportion that the latest to occur rentable area of the date portion of the Premises (or material Premises, that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenantfor a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such abatement remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises and all of Tenant's parking charges shall continue until be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent and parking charges allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. Notwithstanding anything to the Premises become tenantable againcontrary contained herein, the terms of Article 23 and 24 shall govern and control Tenant's right to any rental abatement as a result of any event covered by Article 23 or 24 below."

Services and Utilities. Landlord Tenant shall use pay for all reasonable efforts to furnish or cause to be furnished to the Premises the water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services described used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulationsBuilding. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord in no event be liable for any damages caused therebyinterruption or failure of utility services on or to the Premises. However, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding notwithstanding the foregoing, if: (i) any such utility service is interrupted because if the Premises, or a material portion of the grossly negligent acts Premises, are made untenantable for a period in excess of Landlord, its employees, agents or contractors; five (ii5) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part consecutive business days solely as a result of an act interruption, diminishment or omission termination of a Tenant Party; (iv) services due to Landlord’s gross negligence or willful misconduct and such interruption interruption, diminishment or termination of services is not caused by a fire or other Casualty; (v) the repair or restoration of such service is otherwise reasonably within the control of Landlord; Landlord to correct (a “Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the sixth (vi6th) as a result consecutive business day of such interruptionthe Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course amount of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption abatement shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againequitably prorated.

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease beyond notice and cure periods, and subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the reasonable rules and regulations of the supplier Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises and to the lavatories; (b) heat and air conditioning sufficient for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within twenty (20) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing (except as such forth in Section 7.4), unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result furnishing of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; services and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againutilities.

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed form time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment be reasonably required; and, (f) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the premises. The charge shall be at the rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result furnishing of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; services and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againutilities.

Services and Utilities. Landlord shall use all reasonable efforts Provided that Lessee is not in default hereunder, Lessor agrees to furnish or cause to be furnished to the Premises the utilities during reasonable hours of generally recognized business days, to be determined by Lessor in its reasonable discretion, and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building of which the Premises are a part, electricity for normal lighting, water, heat, air-conditioning and elevator service which are required in Lessor’s good faith judgment for the comfortable use and occupation of the Premises. Heating and air conditioning service shall be provided to the Premises, as an item of Building Service Expenses, during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, excluding recognized Building holidays (collectively, “Building Hours”), and shall also be provided on weekends or other non-Building Hours upon reasonable prior notice from Lessee to Lessor, subject to Lessee’s payment for such services non-Building Hours service at the then applicable Building rate for non-Building Hours service, as established from time to time by Lessor. Subject to the provisions of this Lease. Lessee shall be entitled to access the Premises on a seven (7) days per week, twenty-four (24) hours per day basis. During recognized business days for the Building, and governmental subject to the reasonable rules and regulations. Landlord regulations of the Building and Project, Lessor shall use reasonable efforts furnish to restore any service required of it that becomes unavailablethe Premises and the Common Areas, janitorial service, window washing, fluorescent tube replacement and toilet supplies; provided, however, such unavailability Lessor shall not render Landlord liable be required to provide janitorial services for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because portion of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (Premises to the “Interruption Notice”); (iii) such interruption does not arise in whole or in part extent required as a result of an act the preparation or omission consumption of food or beverages (provided that nothing in this paragraph shall be construed as a Tenant Party; (iv) consent by Lessor to the preparation or consumption of such interruption food or beverages unless otherwise expressly provided elsewhere in this Lease). Lessor shall also maintain and keep lighted during such hours the common stairs, common entries and toilet rooms in the Building. Lessor shall not be liable for, and Lessee shall not be entitled to, any reduction of Rentals by reason of Lessor’s failure to furnish any of the foregoing when such failure is not caused by a fire casualty, Act of God, accident, breakage, repairs, strikes, lockouts or other Casualty; (v) labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the repair or restoration of such service is reasonably within the reasonable control of Landlord; and (vi) as a result Lessor. Lessor shall not be liable under any circumstances for injury to or death of such interruptionor loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises or a material portion which affect the temperature otherwise maintained by the air conditioning system. Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, is rendered untenantable (meaning that Tenant is unable to use including the Premises in cost of installation and the normal course cost of it business) operation and Tenant in fact ceases to use the Premises, or material portion maintenance thereof, then, Tenant’s sole remedy for such interruption shall be paid by Lessee to Lessor upon demand by Lessor as follows: on additional rent. Lessee will not, without the tenth (10th) consecutive Business Day following prior written consent of Lessor, use or permit the latest to occur use of the date any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of 120 volts), which will in any way increase the amount of gas, electricity or material portion thereof) becomes untenantable, water usually furnished or supplied for the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and as general office space (which, as to electricity consumption, the parties hereby agree to mean not used by Tenantmore than three (3) xxxxx per square foot of usable area on a demand load basis): nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, and such abatement shall continue until electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets in the date Premises. If Lessee requires water or electric current in excess of that usually furnished or supplied for the use of the Premises become tenantable againas general office space, Lessee shall first procure the written consent of Lessor (which consent may be granted or withheld in Lessor’s sole and absolute discretion), to the use thereof and Lessor may cause a water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay to Lessor, as additional rent, promptly upon demand therefor by Lessor for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected by Lessor.

Services and Utilities. Landlord 13.1 Provided Tenant shall use all reasonable efforts to furnish or cause to not be furnished to the Premises the utilities in default under this Lease, and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation other provisions of this Lease, Landlord agrees to furnish to the Premises, the following services pursuant to Exhibit B shall be and utilities subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required for the use and occupation of the Premises; (c) elevator service by nonattended automatic elevators; (d) such window washing as may from time to time in Landlord's judgment be reasonably required; and, (e) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any service required interruption in the furnishing of it that becomes unavailable; howeverservices and utilities. Tenant shall contract for its own janitorial services which services shall be in accordance with specifications to be proposed by Tenant and approved by Landlord, such unavailability which approval shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant unreasonably withheld provided such services are reasonably equivalent to any abatement of Tenant’s obligations hereunder. Notwithstanding similar services provided to other comparable buildings in the foregoing, if: (i) any such utility service is interrupted because market area of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.Building

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and Holidays), the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time, such services to be reasonably commensurate with industry standard for suburban commercial office buildings in the Reston, Virginia submarket, of a similar age, size and quality to the Building: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; (e) snow removal and pest control; and, (f) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord shall include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result furnishing of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; services and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againutilities.

Services and Utilities. Landlord shall use all reasonable efforts to will furnish or cause to be furnished to the Premises air conditioning and heating during the seasons they are required in Landlord's reasonable judgment. Landlord will furnish adequate electrical power for all powered office machines and lighting. Landlord will provide: water; elevator service; exterior window cleaning service; and janitorial service after 6:00 p.m. Monday through Friday only (excluding Federal and Commonwealth of Virginia holidays). Landlord will furnish all services and utilities and services described required by this Lease only during the normal hours of operation of the Building, as set forth in the Standards for Services rules and Utilities, regulations attached hereto as Exhibit BD, subject to unless otherwise specified herein. It is also agreed that if Tenant requires air conditioning or heat beyond the conditions and in accordance with the standards normal hours of operation set forth thereinherein, and provided arrangements are made with Landlord's agent, Landlord will furnish such services (at the price stipulated by Landlord from time to time) which shall be comparable to prices for similar services charged by owners of similar buildings in the greater Norfolk metropolitan area, at Tenant's expense. Landlord’s obligation It is understood and agreed that Landlord shall not be liable for failure to furnish services pursuant to Exhibit B shall be subject to the rules and regulations or for delay or suspension in furnishing, any of the supplier utilities or services required to be provided or per-formed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and any governmental body or agency or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and governmental rules shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder provided, however, that if the aforesaid utilities or services are interrupted as the result of the negligence or willful misconduct of Landlord for a period of more than three (3) consecutive business days, and regulationsXxxxxx is unable to operate its business in, or occupy the Premises, the rent payable hereunder shall xxxxx until such interruption is remedied. Landlord shall use reasonable efforts diligence to restore repair promptly any service required of it that becomes unavailable; howeverfailure, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, interruption or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service suspension which is interrupted because of the grossly negligent acts of within Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again's control.

Services and Utilities. Landlord shall use all reasonable efforts to furnish or cause to provide roving attendant service for the entire business park of which the Building is a part, such attendant shall be furnished on duty generally during evening and early morning hours. Landlord shall provide a controlled access system for the Building which enables 24X7X365 access to the Premises the by Tenant, subject to reasonable rules and regulations for after hours entry. Tenant shall obtain and pay for all water, gas, electricity, heat, telephone, sewer, sprinkler charges and other utilities and services described in used at the Standards for Services Premises, together with any taxes, penalties, surcharges, maintenance charges, and Utilities, attached hereto similar charges pertaining to Tenant’s use of the Premises. Tenant shall heat the Premises as Exhibit B, subject necessary to prevent any freeze damage to the conditions Premises or any portion. Tenant's use of electric current shall at no time exceed the capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises. Landlord may, at Tenant’s expense, separately meter and bxxx Tenant directly for its use of any such utility service, in accordance with which case the standards set forth therein. Landlordamount separately billed to Tenant for Building standard utility service shall not be duplicated in Tenant’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulationspay Additional Rent under Section 2.3. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord be liable for any damages caused therebyinterruption or failure of utility service to the Premises, and Tenant shall not be a entitled to any abatement or reduction of Rent by reason of any interruption or failure of utilities or other services to the Premises except as set forth below. Any interruption or failure in any utility or service shall not be construed as an eviction, constructive eviction or actual of Tenant, constitute Tenant or as a breach of the implied warranty of suitability, and shall not relieve Tenant from the obligation to perform any implied warrantycovenant or agreement under this Lease. In no event shall Landlord be liable for damage to persons or property, including, without limitation, business interruption, damages, or entitle shall Landlord be in default under this Lease, as a result of any such interruption or failure. All amounts due from Tenant to any abatement of Tenantunder this Section 8 shall be payable within ten (10) days after Landlord’s obligations hereunderrequest for payment. Notwithstanding the foregoing, if: in the event such interruption of services described in this Section 8 (i) any such utility service and results from causes within Landlord’s reasonable control, and is interrupted because not due to Tenant’s negligence, the act of the grossly negligent acts a third party not acting on behalf of Landlord, its employeesor force majuere) and continues for more than five (5) consecutive days following written notice to Landlord, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises results in the normal course denial or otherwise renders impractical the intended use of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur substantially all of the date the Premises (such as loss of electricity or material portion thereofhigh speed data access) becomes untenantable, the date then Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the shall receive a Base Rent payable hereunder shall be abated on a per diem basis abatement for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue thereafter until the date service is restored, unless and to the Premises become tenantable againextent Tenant is able to collect insurance proceeds for such interruption. In the event of damage from casualty, Section 11 below shall apply.

Services and Utilities. Landlord shall use all reasonable efforts Tenant, at its sole cost and expense, will provide, arrange and pay for (a) janitorial, security and reception area services to furnish or cause the Leased Premises, and (b) telephone, electricity, gas, water, heating, air-conditioning, lighting, power, elevator, trash disposal, other utilities, services and ventilation to the Leased Premises, and (c) landscaping, window washing, snow removal and other services to the Leased Premises, for which Tenant will arrange to be furnished billed separately and in all cases above in such a manner, condition and at such times (y) consistent with the manner in which the Leased Premises have been maintained prior to the Premises the utilities date of this Lease as a “Class A” property, and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and (z) in accordance with any applicable covenants, rules, guidelines, requirements or policies of all applicable governmental or quasi-governmental bodies, including without limitation the standards set forth thereinMeridian International Business Center design guidelines, covenants and other requirements (collectively, the “Building Standard”). Landlord’s obligation Any such expenses that are not the subject of separate billing will be reasonably allocated between the parties based on usage. Tenant agrees that Landlord will not be liable to furnish Tenant for the failure of any heating, air conditioning, elevator, electrical, janitorial, lighting or other services pursuant to Exhibit B shall be subject at any time except to the rules and regulations extent of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, gross negligence or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts willful misconduct of Landlord, its agents or employees, agents and that, except as expressly provided above, all such services and obligations rest solely with Tenant. In the event of any interruption, reduction or contractors; discontinuance of services (ii) Tenant notifies either temporarily or permanently), Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does will not arise in whole be liable for damages to persons or in part property as a result thereof, except to the extent of an act the gross negligence or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control willful misconduct of Landlord; and (vi) , its agents or employees, nor will the occurrence of any such event in any way be construed as a result an eviction of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord shall use all reasonable efforts not be obligated to furnish or cause to be furnished to the Premises the any services or utilities (including, without limitation, janitorial services), and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance Tenant shall contract directly with the standards set forth thereinproviders of all services and utilities Tenant desires to receive at the Premises, at Tenant’s sole cost and expense. Landlord’s obligation Tenant shall have the right to furnish services pursuant to Exhibit B add alternative electricity sources such as additional solar panels, the installation of which shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulationsSection 3.4. Landlord is not responsible for the furnishing of, or any interruption, diminishment or termination of, services or utilities, whether due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and no such interruption, diminishment, or termination shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be required under any provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and procuring all other services necessary to its operations in and on the Premises. If Tenant (or any party claiming by, through or under Tenant) pays directly to the provider for any damages caused therebyenergy consumed at the Building, be a constructive eviction of Tenant, constitute promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in its reasonable judgment, is required to disclose to a breach prospective buyer, tenant or mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the California Civil Code or any implied warrantysimilar or successor laws now or hereinafter in effect. At Landlord’s request, or entitle Tenant to any abatement of shall provide Landlord information regarding Tenant’s obligations hereunder. Notwithstanding energy usage at the foregoingPremises from time to time (provided that Landlord shall hold such information confidential to the extent Landlord is not required to disclose such information pursuant to Applicable Law, if: (i) any nothing in this sentence being deemed to prohibit Landlord from utilizing such utility service is interrupted because of information to make public statements about the grossly negligent acts sustainability profile or “green” nature of Landlord, its employeesor Landlord’s affiliates, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”properties); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises Premises, the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises and common areas of the Building; (b) heat, ventilating and air conditioning required in Landlord’s commercially reasonable judgment for the use and occupation of the Premises during Building Business Hours; (c) nightly janitorial service on generally recognized business days; (d) passenger elevator service by non-attended automatic elevators; (e) card access controlled system serving the Building ; and (f) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Subject to scheduling per Xxxxxxxx’s rules and requirements, Tenant will have the right to access and use of the loading docks and freight elevators on a 24-hour, 7 days per week basis. To the extent that Tenant is not billed directly by a public utility or another third-party sub-metering company, Tenant shall pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The electricity charge shall be at the rates charged for such services by the local public utility. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for more than seven (7) consecutive days after written notice of such services failure is given to Landlord by Tenant (and governmental rules provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, the acts or omissions of Tenant or Tenant Parties, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord), in which case fixed Annual Rent and regulationsXxxxxx’s Proportionate Share of Expenses and Taxes shall xxxxx from and after the eighth (8th) consecutive day following such notice from Tenant, until the service or utility interruption has been corrected. Landlord shall use reasonable efforts to restore remedy any service required interruption in the furnishing of it services and utilities. There are Quad Logic meters available in the Building which currently serve the Premises and which separately submeter Tenant’s electric usage. Tenant will be billed for its electrical usage without mark-up by Energenix or another third party submetering services company selected by Landlord and within ten (10) business days following the date of the invoice. Any submetering configuration that becomes unavailable; howevermay be rendered necessary due to Tenant’s alterations to the Premises shall be performed by Tenant at Tenant’s expense. If at any time during the Term the electrical submeter for the Premises is not operational, then Landlord shall promptly cause the repair of such unavailability submeter and may charge Tenant for Tenant’s estimated electricity usage in the Premises (based on historical usage) at Landlord’s then standard electrical rate (which is currently $2.00 per RSF per year) until such repairs are complete. Landlord shall not render Landlord be liable in any way to Tenant for any damages caused thereby, be a constructive eviction failure or defect in the supply or character of Tenant, constitute a breach electrical energy furnished to the Premises by reason of any implied warrantyrequirement, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant’s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such interruption capacity is not caused exceeded and to avert possible adverse effect upon the Building electrical services, Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any major fixtures, appliances or equipment, except for standard office equipment, such as computers, copiers, printers, and server equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by a fire or other Casualty; (v) Landlord upon Tenant’s request, at the repair or restoration sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such service is reasonably within feeders or risers will not cause permanent damage or injury to the control Building or cause or create a dangerous condition or unreasonably interfere with other tenants of Landlord; and (vi) as a result of such interruption, the Building. Tenant agrees that it will not make any significant alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld or a material portion thereofdelayed, is rendered untenantable (meaning that Tenant is unable and will promptly advise Landlord of any alteration or addition to use the Premises such electrical equipment and/or appliances. Tenant, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.

Services and Utilities. Landlord Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. At no time shall use all reasonable efforts to furnish or cause to be furnished to of electricity in the Premises exceed the utilities capacity of existing feeders and services described risers to or wiring in the Standards Premises. Any interruption or cessation of utilities (each, a "Service Interruption") resulting from any causes, including any entry for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services repairs pursuant to Exhibit B shall be subject to the rules this Lease, and regulations any renovation, redecoration or rehabilitation of any area of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; howeverProject, such unavailability shall not render Landlord liable for any damages caused therebyto either person or property or for interruption or loss to Tenant's business, nor be a constructive construed as an eviction of Tenant, constitute a breach nor work an abatement of any implied warrantyportion of Rent, nor relieve Tenant from fulfillment of any covenant or entitle Tenant to any abatement of Tenant’s obligations hereunderagreement hereof. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of if the grossly negligent acts of LandlordPremises, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered made untenantable or inaccessible for more than three (meaning 3) consecutive business days after written notice from Tenant to Landlord as a result of a Service Interruption, then to the extent that Tenant Service Interruption is unable to use caused by the Premises in the normal course negligence or willful misconduct of it business) and Tenant in fact ceases to use the Premises, Landlord or material portion thereof, thenany Landlord Parties, Tenant’s , as its sole remedy for such interruption remedy, shall be as follows: entitled to receive an abatement of Monthly Rent (defined below) payable hereunder during the period beginning on the tenth fourth (10th4th) consecutive Business Day following business day of such Service Interruption and ending on the latest to occur of day the date service is restored. If a Service Interruption renders less than the entire Premises (untenantable or material portion thereof) becomes untenantableinaccessible, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the amount of Monthly Rent payable hereunder abated shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon prorated in proportion to the percentage of the rentable square footage of the Premises so that is rendered untenantable and not or inaccessible. As used by Tenantherein, and such abatement shall continue until the date the Premises become tenantable again."

Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord shall use all reasonable efforts agrees to furnish or cause to be furnished to the Premises during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use; and (g) electricity for lighting, convenience outlets and normal office equipment. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such services failure is given to Landlord by Tenant and governmental rules and regulationsprovided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to restore remedy any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result furnishing of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; services and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable againutilities.