Common use of Building Services Clause in Contracts

Building Services. Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. Lessor 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories and the kitchen located in the Premises; (b) customary heat and air conditioning in season for first class office buildings in the Greater Boston metropolitan area during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. (a) Electricity shall be distributed to the Premises either by the electric utility company Selected by Landlord to provide electricity service for the normal Building or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges as Additional Rent, which charges shall be based on meter readings from a submeter to the Premises to be installed by Landlord at Landlord’s sole cost. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid by Tenant. Landlord has advised Tenant that presently NSTAR (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service connections for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider and any Alternative Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring and other machinery within the Premises. (b) Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants equipment, the performance of repairs, improvements or solids other than ordinary human waste into alterations, utility interruptions or the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance occurrence of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use an event of the sanitary sewer system. If the Leased Premises are Force Majeure (defined in Section 26.03) (collectively a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor “Service Failure”) shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personTenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an constitute a constructive eviction of Lessee or entitle Lessee Tenant, give rise to (i) any an abatement of rentRent, (ii) terminate nor relieve Tenant from the Lease, or (iii) be relieved from fulfilling obligation to fulfill any covenant or agreement contained hereinagreement. Should any malfunction Notwithstanding the forgoing, in the event of the improvements or facilities to the Leased Premises or Building a Service Failure that lasts for longer than five (which by definition do not include any improvements or facilities of Lessee above Building standard improvements5) occur for any reasonconsecutive Business Days, Lessor Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or receive a per diem abatement of rent or damages Base Rent and Tenant’s Pro-rata Share of Taxes and Operating Expenses commencing on account the sixth (6th) consecutive Business Day of such malfunction or of any interruptions in service occasioned thereby or resulting therefromService Failure and ending on the day such Service Failure is restored.

Building Services. Lessor shall provide the normal utility service connections for electricity, gas, water, sewer and telephone to the Building. Lessor shall maintain the parking areas and driveways in good repair and in a neat and clean manner, maintain landscaping around Building and maintain lighting in the parking areas from dusk until xxxx, all in a manner comparable to comparable buildings. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Buildingservices. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly(unless caused by Lessor). No such interruption or failure (unless caused by Lessor) may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom. Notwithstanding the forgoing, in the event of the interruption of a material and necessary utility service due to the Lessor’s, or Lessor’s agents, employees or contractors negligent actions or omissions, the Lessee shall have the right to xxxxx rent commencing five (5) days following the occurrence of such interruption if such interruption is then continuing and, if such interruption is continuing thirty (30) days following such interruption, Lessee shall have the right to terminate this Lease by written notice to Lessor within ten (10) days following the expiration of such thirty (30) day period.

Building Services. (a) Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting)property, Lessor shall make a reasonable determination of Lessee's ’s proportionate share of the cost of such services and Lessee shall pay such share to Lessor within with ten (10) days of receipt of any invoice thereof. In a multi-occupancy Building, Lessor may provide water to the Leased Premises, in which case Lessee agrees to pay to Lessor its Pro Rata Share of the cost of such water. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system, but only to the extent that Lessee’s use of the Leased Premises causes a material increase of the maintenance and repair obligations of any such items beyond that which would reasonably be expected to occur by any occupant of the Leased Premises who is using the Leased Premises for general office purposes. If the Leased Premises are in a multi- multi-occupancy Buildingbuilding, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges arise from any extraordinary use of the sanitary sewer or waste removal services beyond that which reasonably would be expected if the Leased Premises were used for general office purposes and that affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. . (b) Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair Lessor, except as caused by the same promptlygross negligence or willful misconduct of Lessor. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, except as caused by the gross negligence or willful misconduct of Lessor. Notwithstanding the foregoing to the contrary, in the event the interruption or failure of utilities continues for sixty (60) consecutive days, Lessee’s Base Rent shall be abated from the sixty-first (61st) day until said interruption or failure of utilities is corrected. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvementswhich are part of the Lessee Improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. (a) As a part of the rent, Lessor shall provide the normal utility service connections agrees to furnish to the Building. Lessee shall pay directly Premises during hours of generally recognized business days, as stated in Exhibit "C", Paragraph 1, and subject to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits Rules and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share Regulations of the cost of such services building which the Premises are a part, water and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision electricity suitable for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's normal office use of the sanitary sewer systemPremises, heat and air conditioning required in Lessor's reasonable judgment for the comfortable use and occupation of the Premises, and usual janitorial and maintenance service in the building. If Lessor shall maintain and keep in repair plumbing, electrical wiring, heating and air conditioning equipment required to supply said utilities to the Leased Premises. Lessor shall also maintain and keep lighted the common stairs and entries during generally recognized business days, and shall maintain and keep in repair the general structure, roof and windows of the building of which the Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, part. (b) Lessor shall not be required to pay liable for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas and Lessee shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate abatement or abatement reduction of rent rental by reason of Lessor's failure to furnish any of the foregoing services, when such failure is caused by accident, breakage, repairs, strikes, lockouts or damages on account of such malfunction other labor disturbances or labor disputes of any interruptions character, riots, civil disturbances or by any other cause beyond the reasonable control of Lessor, provided that Lessor attempts to correct such failure of services with due diligence after notice thereof. (c) Wherever heat generating machines or equipment, including telephone equipment, are used in service occasioned thereby the Premises which substantially 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, including the cost of installation, and the costs of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor. (d) Lessee will not without the consent of Lessor use any apparatus or resulting therefromdevice in the Premises which will in any way unreasonably increase the amount of electricity or water usually furnished or supplied for use of the Premises; nor connect with electrical current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises, Lessee shall first procure the consent of Lessor to the use thereof and Lessor may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. The costs of any such meters and of installation, maintenance and repair thereof shall be paid for by Lessee, and Lessee agrees to pay to Lessor promptly upon demand thereof by Lessor for all such water and electric current consumed, as shown by said meters, at the rates charged for such services by the local public authority, or the local public utility, as the case may be furnished the same.

Building Services. Lessor Landlord shall provide routine maintenance and painting to the normal utility service connections to exterior of the Building. Lessee shall pay directly Landlord will not be liable to the appropriate supplier the cost of all utility services to the Leased PremisesTenant or any other person, includingfor direct or consequential damage, but not limited toor otherwise, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance failure of Tenant to obtain any dilution tanksheat, holding tanksair conditioning, settling tankslighting, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required service Landlord has agreed to pay for supply during any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor period when Landlord uses reasonable diligence to repair supply such services. Landlord reserves the same promptlyright temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord’s compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. No Except as expressly provided hereinafter, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Section, nor will such interruption or failure may discontinuance in any way be construed as an eviction of Lessee Tenant or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or cause an abatement of rent or operate to release Tenant from any of Tenant’s obligations under this Lease. Landlord reserves the right from time to time to make changes in the services provided by Landlord to the Building provided such changes do not detract from the level of the existing services. Landlord shall not be liable for any damages on account to persons or property or for injury to, or interruption of, business arising from the interruption of any utility service to the Building. If there is a failure by Landlord to furnish the services specified in this Section, and further provided such interruption is not due to Tenant’s negligence or willful misconduct, and further provided, should the unavailability of such malfunction service render all or any portion of any interruptions the Leased Premises unusable by Tenant for Tenant’s permitted Use, Tenant may, after and upon the giving of five (5) days written notice to Landlord, deduct the rent for that portion of the Leased Premises which is so unusable provided same is not due to reasonable delays. Landlord reserves the right from time to time to make changes in service occasioned thereby or resulting therefromthe services provided by Landlord to the Building provided such changes do not detract from the level of the existing services.

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights, lamps or tubes. If any However, Landlord may, at Landlord's sole discretion, provide one or more utility services are jointly metered with other Leased Premises or property (for exampleto the leased premises, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate in which event Tenant agrees to pay to Landlord its pro rata share of the cost costs of such utilities or services as set forth in sections 2.02 and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof2.03. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps traps, or similar devices as may be required by any governmental subdivision authority for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are Landlord may, in a multi- occupancy Buildingits sole discretion, Lessee shall pay all surcharges levied due provide additional services or utilities not enumerated herein. Failure by Landlord to Lessee's use of sanitary sewer any extent provide these defined services or waste removal any other services insofar as such surcharges affect Lessor not enumerated, or other Lessees in the Building. Except as set forth hereinany cessation thereof, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption covenant in this Lease. Should any of the equipment or failure of utilities machinery break down, or services furnished by Lessor provided that Lessor uses for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or any interruption of any interruptions in service occasioned thereby from the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the building or resulting therefromshopping center.

Building Services. Lessor Landlord shall provide the normal utility service connections following services, systems and facilities for the Building and Common Areas within the Building ("BUILDING SERVICES") subject to the Building. Lessee shall pay directly to the appropriate supplier the cost Tenant's payments of all utility services to Additional Rent as set forth in paragraph 4 above; (a) Basic HVAC for the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for all utility charges related to the installation HVAC systems(s). Landlord further shall perform necessary repairs and maintenance on the HVAC system(s) and shall be reimbursed by Tenant for the actual costs to Landlord of said repairs and maintenance. Landlord shall be solely responsible, at Landlord's cost, for all major repairs and any replacement of the HVAC system(s); (b) Electrical service for office and light industrial use, including office and light industrial equipment, in the Leased Premises subject to payment by Tenant of all utility charges; (c) Life safety support systems for the Building including sprinkler and fire extinguisher inspections subject to reimbursement by Tenant for the cost of same; however, Landlord shall be responsible, at Landlord's cost, for major repairs and any replacement of the sprinkler system; (d) Structural systems for the Building; (e) Water and sewer system for Tenant's use at the Leased Premises and a plumbing system for the Building subject to payment by Tenant of all fees and charges related thereto; (f) Cleaning and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps Common Areas in or similar devices as may be required by any governmental subdivision for Lessee's use of relating to the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee including bathroom facilities, if any, subject to payment by Tenant of its space ratio for Common Area expenses; (g) Landscaping and snow and ice removal; provided Landlord shall pay all surcharges levied due not be obligated to Lessee's use remove snow more frequently than once in any 24-hour period, and Tenant shall be responsible for its space ratio for expenses related thereto; and (h) Tenant shall have the continuing right during the term of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or this Lease to utilize, in common with other Lessees in tenants within the Building, the parking area of the Building. Except as set forth herein, Lessor shall Landlord does not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas warrant that Building Services shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in free from any respect for damages to either persontemporary slowdown, property interruption or business on account stoppage caused by the maintenance, repair, replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by strikes, lockouts, fuel shortages, accidents, acts of God or the elements or any other cause beyond the control of Landlord. Landlord agrees to use its best efforts to resume the service upon any such slowdown, interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed stoppage as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromsoon as reasonably possible.

Building Services. Lessor Landlord shall provide the normal utility water, sewer, electricity and gas service connections to the BuildingLeased Premises. Lessee Tenant shall arrange for connection to such services and pay directly to the appropriate supplier the all cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises premises or property (for exampleproperty, exterior lighting), Lessor Landlord shall make a reasonable determination of LesseeTenant's proportionate share of the cost of such services and Lessee Tenant shall pay such share to Lessor Landlord within ten (10) days of receipt of any invoice thereof. Lessee Landlord may cause, at Tenant's expense, any utility services which are jointly metered to be separately metered. Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- multi-occupancy Building, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or BuildingPremises. Utility services for the common areas Common Areas shall be part of Operating Expenses. Lessee Tenant agrees that Lessor is Landlord shall not be liable to Lessee Tenant in any respect for damages to either person, property or business on account of any interruption or failure of utilities utility services unless resulting from the gross negligence or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptlywillful misconduct of Landlord. No such interruption or failure may be construed as an eviction of Lessee Tenant or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, provided, if any interruption or failure of utilities is the result of the gross negligence or willful misconduct of Landlord and such condition continues in excess of five (5) business days from the date Tenant notifies Landlord, Base Rent shall abate until the affected utilities are restored to the Leased Premisxx. Should Xhould any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee Tenant above Building standard improvements) occur for any reason, Lessor Landlord shall use reasonable diligence to repair same see that such malfunction is corrected promptly, but Lessee Tenant will not be entitled to any claim for rebate or abatement of rent or damages (except as set forth above) on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. Lessor During the Term, Landlord shall provide (a) water at those points of supply provided for general use of other Tenants in the normal utility Building and electricity for use in the Premises, (b) central heating and air conditioning in season, and at temperatures and in amounts as are common for bank offices in San Rafael, California or in compliance with any governmental regulations, such service connections at times other than regular hours to be furnished upon not less than twenty-four (24) hours advance notice from Tenant, who shall bear the entire cost thereof at the rate established by Landlord, (c) self-operated passenger elevator service, if applicable, and (d) janitorial service for the Building and Common Areas which shall only include, however, the sweeping and cleaning of floors, the cleaning of lavatories and toilets located in Common Areas, the washing of exterior windows, the dusting of light fixtures and air grills, and the disposal of trash from the Building and Common Areas, but shall not include janitorial service to the BuildingPremises. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee Tenant shall pay all costs caused telephone and telecommunications charges and shall provide all services not enumerated in this Section. Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Lessee introducing excessive pollutants Landlord to any extent to provide these defined services or solids any other than ordinary human waste into the sanitary sewer systemservices not enumerated, including permitsor any cessation thereof, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption covenant in this Lease. If any of the equipment or failure machinery useful or necessary for provision of utilities utility services, and for which Landlord is responsible, breaks down, or services furnished by Lessor provided that Lessor uses for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby or resulting therefromfrom the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Property. Tenant shall pay all telephone charges and all utilities which are separately metered to the Premises.

Building Services. Lessor (a) Landlord shall furnish heating and cooling as normal seasonal changes may require during normal Business Hours to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business office operations in accordance with the specifications set forth on Exhibit J attached hereto. The actual cost of electricity and other utilities and services (without any service charge or xxxx-up) necessary to provide such heating, cooling and ventilation shall be an Operating Cost, and shall not be billed directly to Tenant. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building systems or exceeds an electric load (excluding HVAC) of 6 xxxxx per square foot of Premises Rentable Area (or, if greater, Tenant’s existing load requirement), or in any other way interferes with the systems’ ability to perform adequately its proper functions, Landlord shall use reasonable efforts to provide supplementary systems at Tenant’s expense. (b) Landlord shall also provide: (i) Passenger elevator service. (ii) Warm water for lavatory and kitchen purposes and cold water (at temperatures supplied by the city in which the Property is located) for drinking, kitchen, shower, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary drinking, kitchen, shower, lavatory and toilet purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, (i) Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair, and (ii) Tenant agrees to pay for water consumed, as shown on the Building’s meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as Additional Rent. (iii) Cleaning and janitorial services to the Premises, substantially in accordance with the cleaning standards set forth on Exhibit F, as such standards may be modified (but not so as to materially diminish the level or quality of services) by Landlord from time to time. (iv) Free access to the Premises subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. (c) Landlord shall provide security services to the normal utility service connections to Complex and the Building. Lessee shall pay directly Security to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share common areas of the cost of such services Complex is currently provided from 7:00 p.m. to 6:00 a.m. on Business Days and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof24 hours a day on non-Business Days. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation security of the Premises, and maintenance for any security system that it may choose, as its sole expense, to install therein in accordance with the provisions of this Lease. If and to the extent that Tenant desires to provide security for the Premises or for such persons or their property, Tenant shall be responsible for so doing, after having first consulted with Landlord and after obtaining Landlord’s consent, which shall not be unreasonably withheld. All exterior doors of the Building, with the exception of the main lobby door, are locked and provide card access. Landlord will provide Tenant, at no charge, up to one access card for the Building security system for each employee of Tenant employed at the Premises as of the Commencement Date. Additional and replacement access cards will be provided by Landlord and paid for by Tenant as Additional Rent. Without derogating from Landlord’s obligations described in the first sentence above, and as outlined in Section 7.1, Landlord expressly disclaims any and all responsibility and/or liability for the physical safety of Tenant’s property, and for that of Tenant’s employees, agents, contractors and invitees, and, without in any way limiting the operation of Article X hereof, Tenant, for itself and its agents, contractors, and employees, hereby expressly waives any claim, action, cause of action or other right which may accrue or arise as a result of any dilution tanksdamage or injury to the person or property of Tenant or any such agent, holding tankscontractor or employee. Tenant agrees that, settling tanksas between Landlord and Tenant, sewer sampling devicesit is Tenant’s responsibility to advise its employees, sand trapsagents, grease traps or similar devices contractors and invitees as may be required by any governmental subdivision for Lessee's to necessary and appropriate safety precautions. (d) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied or other portions of the Complex, without thereby incurring any liability to Tenant except as described in Section 7.4(e), below when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary which cannot, due to Lessee's the risk of injury to persons or property, reasonably be performed during hours in which Tenant’s business in the Premises is closed, or when prevented from supplying such services or use by strikes, lockouts, difficulty in obtaining materials, accidents or any other cause beyond Landlord’s control, or by laws, orders or inability, by exercise of sanitary sewer or waste removal services insofar as such surcharges affect Lessor reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other Lessees in the Building. Except suitable fuel or power, except as set forth hereinin paragraph (e) below. No diminution or abatement of rent or other compensation, Lessor nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Failure or omission on the part of Landlord to furnish any of the foregoing services or use shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee Tenant, actual or constructive, nor entitle Lessee Tenant to an abatement of rent except as described in Section 7.4(e) below, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (e) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any abatement of rentthe same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors or any person claiming by, through or under Tenant or (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) terminate such Service Interruption occurs or continues as a result of the Leasenegligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than four (4) full Business Days after Landlord shall have received notice thereof from Tenant and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be relieved from fulfilling an abatement of one day’s Basic Rent and Additional Rent for each day during which such Service Interruption continues after such four (4) Business Days; provided, however, that if Tenant conducts all or any covenant or agreement contained herein. Should part of its operations in any malfunction portion of the improvements Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this Section 7.4(e) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same (or facilities for the same) to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent under this paragraph shall apply only with respect to Basic Rent and Additional Rent allocable to the Leased Premises or Building period after each of the conditions set forth in subsections (which by definition do not include any improvements or facilities of Lessee above Building standard improvementsi) occur for any reason, Lessor through (iv) hereof shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account have been satisfied and only during such times as each of such malfunction or of any interruptions in service occasioned thereby or resulting therefromconditions shall exist.

Building Services. Lessor Landlord agrees to furnish to the Premises, at its expense, during standard business hours, Monday through Friday (generally recognized holidays excepted), and subject to the Rules and Regulations described in Exhibit "D" hereof, air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower office machines and, on the same floor as the Premises, water for lavatory and drinking purposes, all in such reasonable quantities, in the judgment of Landlord, as are necessary for the comfortable occupancy of the Premises. Janitorial and maintenance services will be furnished five (5) days per week. Janitorial services shall provide include only ordinary dusting and cleaning and shall not include shampooing of carpets or rugs, cleaning of draperies or furniture, or other unusual services. Landlord may impose, AFTER REASONABLE PRIOR WRITTEN NOTICE TO TENANT, reasonable additional charge for the usage of any additional or unusual janitorial services required because of any unusual Tenant Improvements in the Premises, the carelessness of Tenant, the unusual nature of Tenant's business and the removal of any refuse and rubbish from the Premises other than discarded material placed in waste paper baskets and left for emptying as an incident to Tenant's normal utility service connections cleaning of the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish OF WHICH TENANT HAS REASONABLE PRIOR WRITTEN NOTICE for the proper functioning and protection of the air conditioning, heating, elevator and plumbing system. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by riot, strike, labor disputes of any character, breakdowns, necessary repairs, breakage, accidents, the unavailability of natural or other energy resources, or other cause beyond Landlord's reasonable control. Without the prior written consent of Landlord, Tenant shall not use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which may increase the amount of the electricity, air conditioning, heat or water which would otherwise be furnished or supplied under this Article 14 for the intended use of the Premises; and Tenant will not connect with electric current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device which uses electric current or water. Except as specifically provided in this Article 14, and in addition to rent and other charges required to be paid by Tenant under this Lease, Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or additional building services furnished to Tenant not uniformly furnished to all Tenants of the Building. Lessee Building hours are 7:00 a.m. to 6:00 p.m., Monday through Friday. The rate for after-hours HVAC shall pay directly be $50.00 per hour. The rate for after-hours lighting shall be $0.012 per fixture per hour. The after-hour HVAC rate is subject to the appropriate supplier the cost of all utility services adjustment from time to the Leased Premisestime based on inflationary factors, including, but not limited to, any required security deposits utility rates, union labor rates for building engineers, and initial connection charge, all charges for gas, electricity, telephone, water, sanitary other maintenance costs directly associated with these services. This rate is based on Tenant's consumption and storm sewer service subject to adjustment by Landlord based on square footage and security systemsconsumption. If any services are jointly metered This rate is subject to adjustment from time to time based on inflationary factors and other maintenance costs directly associated with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromthese services.

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding of which the Premises are a part. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights. If any services are jointly metered with other Leased Premises or property (for exampleHowever, exterior lighting)in a multi-occupancy building, Lessor shall make a reasonable determination of Lessee's proportionate Landlord may provide water to the Premises, in which case Xxxxxx agrees to pay to Landlord its pro-rata share of the cost of such water. Landlord may provide utility services and Lessee to provide such services, Landlord shall pay such share to Lessor within ten (10) days only charge, on a pro rata basis, amounts for utility services as charged Landlord by utility companies servicing the building or project of receipt of any invoice thereofwhich the Premises are a part. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Buildingbuilding, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Buildingbuilding of which the Premises are a part. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or Buildingthe building or project of which the Premises are a part. Utility In the event Landlord fails to provide services to tenant as required by this section for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee a continuous period in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.excess of

Building Services. Lessor Landlord shall provide the normal utility water, sewer, electricity and gas service connections to the BuildingLeased Premises. Lessee Tenant shall arrange for connection to such services and pay directly to the appropriate supplier the all cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises premises or property (for exampleproperty, exterior lighting), Lessor Landlord shall make a reasonable determination of LesseeTenant's proportionate share of the cost of such services and Lessee Tenant shall pay such share to Lessor Landlord within ten (10) days of receipt of any invoice thereof. Lessee Landlord may cause, at Tenant's expense, any utility services which are jointly metered to be separately metered. Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- multi-occupancy Building, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or BuildingPremises. Utility services for the common areas Common Areas shall be part of Operating Expenses. Lessee Tenant agrees that Lessor is Landlord shall not be liable to Lessee Tenant in any respect for damages to either person, property or business on account of any interruption or failure of utilities utility services unless resulting from the gross negligence or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptlywillful misconduct of Landlord. No such interruption or failure may be construed as an eviction of Lessee Tenant or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, provided, if any interruption or failure of utilities is the result of the gross negligence or willful misconduct of Landlord and such condition continues in excess of five (5) business days from the date Tenant notifies Landlord, Base Rent shall xxxxx until the affected utilities are restored to the Leased Premises. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee Tenant above Building standard improvements) occur for any reason, Lessor Landlord shall use reasonable diligence to repair same see that such malfunction is corrected promptly, but Lessee Tenant will not be entitled to any claim for rebate or abatement of rent or damages (except as set forth above) on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.