Common use of Building Standard Services and Utilities Clause in Contracts

Building Standard Services and Utilities. (a) Section 5.1 of the Lease shall be and hereby is amended, such that Tenant shall have the option at any time during the Term of Lease to assume the responsibility for the performance of custodial services in the Demised Premises and in certain common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building, as follows: corridors, restrooms, elevator lobbies, garage lobbies (but not the parking garage itself), common lobbies and the main lobby of the first floor of the Building (but excluding the lobby and common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building as well as any areas leased by other tenants). In order to exercise such option, Tenant shall provide Landlord with at least ninety (90) days prior written notice of its intent to assume the responsibility for such services. Such notice letter shall specifically identify the date (the “Effective Date”) that Tenant shall commence to assume the responsibility for such services. In the event that Tenant exercises such option, (i) the services to be performed by the Tenant shall include custodial cleaning services as defined earlier, and trash removal from the Demised Premises; (ii) Tenant will have the option to perform such services with the Tenant’s staff or contractors hired by the Tenant; (iii) Tenant shall be responsible to handle all occupant and visitor complaints regarding the services provided by Tenant; and (iv) Tenant shall provide the described services pursuant to Class A building standards and shall be required to comply with the specifications set forth in Exhibit D attached to the Lease. (b) In the event that Tenant exercises its option pursuant to (a) above, Landlord shall continue to be responsible for the operation and maintenance of the trash compactor and recycling containers (and the removal of trash and debris from such compactor and containers), and the provision of pest control services and window cleaning services at the Building. Tenant shall, in all events, have the right to dispose of its trash and debris in the Landlord’s trash compactor and to place its materials for recycling into Landlord’s recycling containers. Tenant and Tenant’s custodial contractor(s) shall comply with Landlord’s standards relative to waste management and recycling. (c) At any time after Tenant’s assumption of the specified custodial services as aforesaid, Tenant shall have the right to require Landlord to re-assume the responsibility for the performance of such services pursuant to the terms of the Lease, by providing Landlord with at least ninety (90) days prior written notice of its desire to so terminate Tenant’s provision of such services. Such notice letter shall specifically identify the date (the “Termination Date”) that Tenant shall terminate its performance of such custodial services. In the event that Tenant exercises its right to terminate its performance of such services as aforesaid, then, effective as of the Termination Date, Tenant shall terminate its performance of such services and Landlord shall again be responsible to perform the custodial and janitorial services under the terms of the Lease.

Building Standard Services and Utilities. Landlord agrees that the Base Building Work will incorporate mechanical, electrical and plumbing systems in accordance with the MEP Narrative dated January 14, 2011 prepared by WFT Engineering, Inc. and attached hereto as Exhibit B‑5 (a) Section 5.1 updated to comply with codes and regulations in effect as of the Lease Effective Date), as such may be updated and revised in accordance with the terms of this Lease. Landlord shall furnish on a twenty-four (24) hour per day seven (7) day per week basis (i) sufficient electric current for routine and normal requirements for lighting and typical office equipment and machinery that is found in modern, first class office building on the Rent Commencement Date [such as typewriters, computers, copiers, servers, facsimile machines and similar items, but subject to the limitations of Section 10(b)], and (ii) hot and cold water for lavatory and drinking purposes and for use in any kitchen or shower areas. Landlord shall also (i) furnish lavatory supplies and provide daytime xxxxxx service customary for Comparable Buildings in the Market Area and nightly cleaning and janitorial services (collectively, the "Janitorial Services"), (ii) replace all electric bulbs, ballasts and fluorescent tubes in Building Standard light fixtures in the Leased Premises and the Common Areas (including the Limited Common Areas) (however Landlord agrees that if Tenant provides Landlord with the electric bulbs, ballasts and/or fluorescent tubes for any non-Building Standard light fixtures, Landlord will perform the replacement), (iii) cause the exterior windows of the Building to be cleaned at least two (2) times per calendar year, (iv) cause the exterior fascia of the Building to be cleaned at least one (1) time during each three (3) calendar year period, (v) provide pest control services and (vi) provide such other services that are typically furnished to tenants in other Comparable Buildings in the Market Area. The Janitorial Services shall be and hereby is amended, such that Tenant shall have provided to the option at any time during the Term of Lease to assume the responsibility for the performance of custodial services in the Demised Leased Premises and in certain common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building, as follows: corridors, restrooms, elevator lobbies, garage lobbies (but not the parking garage itself)Supplemental Premises, common lobbies if any, or the Storage Area) Monday through Friday only (except Building Holidays) in accordance with the usual and customary standards for Comparable Buildings in the main lobby Market Area. Notwithstanding the foregoing, those portions of the first floor Janitorial Services that, in Tenant’s reasonable opinion, materially interfere with the conduct of the Tenant's business shall not be performed during Standard Building (but excluding the lobby and common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building as well as any areas leased by other tenants)Operating Hours. In order to exercise such option, Tenant Landlord shall provide Landlord Tenant with at least ninety (90) days prior written notice of its intent to assume the responsibility for such services. Such notice letter shall specifically identify the date (the “Effective Date”) that Tenant shall commence to assume the responsibility for such services. In the event that Tenant exercises such option, (i) the services to be performed by the Tenant shall include custodial cleaning services as defined earlier, and trash removal from the Demised Premises; (ii) Tenant will have the option to perform such services with the Tenant’s staff or contractors hired by the Tenant; (iii) Tenant shall be responsible to handle all occupant and visitor complaints information regarding the services provided by Tenant; and (iv) Tenant shall provide the described services pursuant to Class A building standards and shall be required to comply with the specifications set forth in Exhibit D attached to the Lease. (b) In the event that Tenant exercises its option pursuant to (a) above, Landlord shall continue to be responsible for the operation and maintenance of the trash compactor and recycling containers (and the removal of trash and debris from such compactor and containers), and the provision of pest control services and window cleaning services at the Building. Tenant shall, in all events, have the right to dispose of its trash and debris in the Landlord’s trash compactor and to place its materials for recycling into Landlord’s recycling containers. Tenant and Tenant’s custodial contractor(s) shall comply with Landlord’s standards relative to waste management and recycling. (c) At any time after Tenant’s assumption of the specified custodial services as aforesaid, Tenant shall have the right to require Landlord to re-assume the responsibility for the performance of such services pursuant to the terms of the Leasecontract for Janitorial Services and any other contract reasonably requested by Tenant, which information shall include at a minimum the commencement date, expiration date, the terms for any automatic renewals and the date by providing which Tenant may provide Landlord with at least ninety (90) days prior written notice a list of its desire vendors to so terminate Tenant’s provision whom Tenant desires a bid request be delivered. Upon request, Landlord shall also provide Tenant with a copy of such servicesany service contracts. Such notice letter shall specifically identify A copy of the date initial specifications for the Janitorial Services is attached hereto as Exhibit F (the “Termination DateExisting Janitorial Standards”). Throughout the Lease Term Landlord shall cause the Janitorial Services to be provided to the Building and Leased Premises (but not the Supplemental Premises, if any, or the Storage Area) in a manner that is at least equal to the Existing Janitorial Standards (but in no event shall the janitorial services be less than the standard typically furnished to tenants in other Comparable Buildings in the Market Area). Notwithstanding the foregoing, if, by virtue of Tenant’s specific use of the Leased Premises, Tenant requests in writing (i) cleaning services in excess of those customarily provided in Comparable Buildings in the Market Area or (ii) that Janitorial Services that are customarily provided during Standard Building Operating Hours be provided outside of Standard Building Operating Hours, then Landlord may charge, and Tenant shall terminate its performance of such custodial services. In pay, an additional charge for the event that Tenant exercises its right incremental cost incurred by Landlord to terminate its performance of such services as aforesaid, then, effective as of provide said above standard service above the Termination Date, Tenant shall terminate its performance of such services and cost incurred by Landlord to provide the standard service (which incremental charge from Landlord shall again be responsible equal to perform the custodial and janitorial services under the terms of the LeaseLandlord's actual cost to provide such services).

Building Standard Services and Utilities. The furnishing of building services and utilities to Lessee shall be accomplished in accordance with and subject to the terms and conditions set forth in this Exhibit "D" and elsewhere in this Lease. Lessor reserves the right to adopt from time to time such reasonable modifications and additions hereto as Lessor may deem appropriate and with the approval not unreasonably withheld or delayed in advance by Lessee for all elements that may adversely effect the Premises and/or use. 1. Subject to the full performance by Lessee of all of Lessee's obligations under this Lease, Lessor shall, during Normal Hours as set forth in Section 1.1 (u) of this Lease ("Normal Hours"), provide the standard building services and utilities set forth in this Paragraph 1. Lessor shall: (a) Section 5.1 of the Lease shall be and hereby is amended, such that Tenant shall have the option at any time Provide automatic elevator facilities during the Term of Lease to assume the responsibility for the performance of custodial services in the Demised Premises and in certain common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building, as follows: corridors, restrooms, elevator lobbies, garage lobbies (but not the parking garage itself), common lobbies and the main lobby of the first floor of the Building (but excluding the lobby and common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building as well as any areas leased by other tenants). In order to exercise such option, Tenant shall provide Landlord with at least ninety (90) days prior written notice of its intent to assume the responsibility for such services. Such notice letter shall specifically identify the date (the “Effective Date”) that Tenant shall commence to assume the responsibility for such services. In the event that Tenant exercises such option, (i) the services to be performed by the Tenant shall include custodial cleaning services as defined earlier, and trash removal from the Demised Premises; (ii) Tenant will have the option to perform such services with the Tenant’s staff or contractors hired by the Tenant; (iii) Tenant shall be responsible to handle all occupant and visitor complaints regarding the services provided by Tenant; and (iv) Tenant shall provide the described services pursuant to Class A building standards and shall be required to comply with the specifications set forth in Exhibit D attached to the LeaseNormal Hours. (b) In Provide to the event that Tenant exercises its option pursuant Premises, during Normal Hours, heating, ventilating and air conditioning ("HVAC") for the commercially reasonable comfortable occupancy of the Premises for general office purposes (subject, however, to (a) aboveany governmental act, Landlord proclamation or regulation). Lessor shall continue to not be responsible for any room temperatures if Lessee's lighting and receptacle loads exceed those listed in Paragraph l(c) of this Exhibit, or if the operation and maintenance of the trash compactor and recycling containers (and the removal of trash and debris from such compactor and containers), and the provision of pest control services and window cleaning services at the Building. Tenant shall, in all events, have the right to dispose of its trash and debris in the Landlord’s trash compactor and to place its materials Premises are used for recycling into Landlord’s recycling containers. Tenant and Tenant’s custodial contractor(s) shall comply with Landlord’s standards relative to waste management and recyclingother than general office purposes. (c) At Provide to the Premises, during Normal Hours, electric current for routine lighting and the operation of general office machines such as typewriters, dictating equipment, desk model adding machines, photocopy machines and desk top computers incidental to the conduct of normal general office business, which use 110/220-volt electric power, not to exceed the reasonable capacity of Building Standard office lighting and receptacles, and not in excess of limits imposed by any time after Tenant’s assumption governmental authority. Specifically, the requirement shall not exceed an average of 3 wattx xxx usable square foot of the specified custodial Premises (4 wattx xxxing calendar year 1994). Lessee agrees, should its electrical installation or electrical consumption be in excess of the aforesaid use or extend beyond Normal Hours, to reimburse Lessor for the excess utilities as provided in Article 11 of this Lease. (d) Provide at all times reasonably necessary amounts of hot and cold water for all applicable locations in the Lessee's area, except for that in the area between the President/CEO and the Board Room, where Lessee will supply its own water heater, subject to the reasonable approval of Lessor. (e) Provide janitorial services as aforesaidto the Premises each evening, Tenant Sunday through Thursday (except state and/or Federal holidays), provided the Premises are used exclusively in accordance with Section 1.1 and Article 6 of this Lease, and are kept reasonably in order by Lessee. Lessee shall pay to Lessor the cost of removal of any of Lessee's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises for general office purposes. Lessor shall not be responsible or liable for any act or omission or commission on the part of the persons employed to perform said janitorial services, and said janitorial services shall be performed at Lessor's direction without interference by Lessee or Lessee's Employees. 2. Lessor shall have the exclusive right to require Landlord to remake any replacement of electric non-assume incandescent light bulbs, tubes and ballasts unless these additions or replacements adversely affect wattage use in the responsibility for Premises throughout the performance Term and after Lessee has received at least fifteen (15) business days notice of such services pursuant said events. Incandescent lighting shall be permitted in the Premises provided, in the judgment of Lessor, it does not unreasonably burden the HVAC system or increase operating expenses. The Lessor may, at Lessor's sole discretion, adopt a system of relamping and reballasting periodically on a group basis in accordance with good practice. 3. No electrical equipment, air conditioning or heating units, or plumbing additions shall be installed, nor shall any changes to the terms of Building's HVAC, electrical or plumbing systems be made without the Lease, by providing Landlord with at least ninety (90) days prior written notice consent of its desire Lessor, which consent shall be subject to so terminate Tenant’s provision of such servicesLessor's sole and absolute discretion. Such notice letter shall specifically identify Lessor reserves the date (the “Termination Date”) that Tenant shall terminate its performance of such custodial services. In the event that Tenant exercises its right to terminate its performance approve the contractor to be used by Lessee. Any permitted installations shall be made under Lessor's supervision. Lessee shall pay any additional cost on account of any increased support to the floor load or additional equipment required for such services as aforesaidinstallation, thennot provided in the Final Plans, effective as and such installations shall otherwise be made in accordance with Section 7.2 of the Termination Date, Tenant shall terminate its performance of such services and Landlord shall again be responsible to perform the custodial and janitorial services under the terms of the this Lease. 4. Lessor shall not provide in the Premises, reception outlets or television or radio antennas for television or radio broadcast or reception, and Lessee shall not install any such equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee may install satellite dish on roof. Lessee may operate televisions and install cable for transmission of company related programs within the Premises. EXHIBIT "D"

Building Standard Services and Utilities. (a) Section 5.1 of the Lease Landlord shall be operate and hereby is amended, such that Tenant shall have the option at any time during the Term of Lease to assume the responsibility for the performance of custodial services in the Demised Premises and in certain common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building, as follows: corridors, restrooms, elevator lobbies, garage lobbies (but not the parking garage itself), common lobbies and the main lobby of the first floor of maintain the Building (but excluding the lobby in a manner that is commensurate with how owners of Comparable Buildings operate and common areas of the 0000 Xxxxxxxxx Xxxxxxxxx side of the Building as well as any areas leased by other tenants)maintain their buildings. In order to exercise such option, Tenant Landlord shall provide Landlord with at least ninety (90) days prior written notice of its intent to assume the responsibility for such services. Such notice letter shall specifically identify the date (the “Effective Date”) that Tenant shall commence to assume the responsibility for such services. In the event that Tenant exercises such optionfurnish, (i) on a twenty four (24) hour per day, seven (7) days per week basis (“24/7 basis”) sufficient electric current for base Building lighting and base Building heating, ventilating and air conditioning, subject to the services to be performed by limitations of Section 10(d), all in accordance with the Tenant shall include custodial cleaning services as defined earlier, provisions of Exhibits “N” and trash removal from the Demised Premises“O” attached hereto; (ii) Tenant will have on a 24/7 basis, electricity in the option to perform such services with the Tenant’s staff or contractors hired by the Tenant; amount of five (5) xxxxx per rentable square foot (exclusive of base Building lighting and base Building heating, ventilating and air conditioning), (iii) Tenant shall be responsible to handle all occupant hot and visitor complaints regarding the services provided by Tenant; cold water for lavatory purposes and cold water for drinking purposes on a 24/7 basis, (iv) Tenant shall provide the described services pursuant lavatory supplies, (v) automatically operated elevator service (subject to Class A building standards and Section 31 below, at least four of which in each Tower shall be required subject to comply call during Building Hours and two of which in each Tower shall be subject to call at all other times), (vi) nightly cleaning and janitorial services in accordance with the janitorial specifications attached to this Lease as Exhibit “M”, Monday through Friday [exclusive of the Building Holidays specified in Section 1(a)17 and which may also include other holidays that are specified by Landlord from time to time as holidays, provided such additional holidays are recognized as holidays by the Federal Government], (vii) exterior and interior window cleaning, (viii) extermination and pest control, when necessary, (ix) maintenance of the Common Areas in a manner similar to Comparable Buildings, including cleaning, HVAC, illumination, snow shoveling, de-icing, repairs, replacements and landscaping; all without additional cost to Tenant except as otherwise expressly set forth in this Lease as Additional Rent. Landlord further agrees to furnish heating and cooling during the appropriate seasons of the year in accordance with the specifications set forth on Exhibits “N” and “O”, between the hours and on the days set forth in Exhibit D attached to the Lease. (b) In the event that Tenant exercises its option pursuant to (a) aboveSection 1(a)(16), Landlord shall continue to be responsible for the operation and maintenance exclusive of the trash compactor Building Holidays specified in Section 1(a)(17) (as the same may be adjusted as aforesaid), with holidays falling on Saturday observed both on said day and recycling containers on the preceding Friday, and holidays falling on Sunday observed on the following Monday. With respect to any full floor that is leased by Tenant in Tower 1, Tower 2 or Tower 3, (x) during the months of May and September, the removal Building Hours for heating and air conditioning shall be Monday through Friday, 8:00 a.m. to 7:00 p.m. (exclusive of trash and debris from such compactor and containersBuilding Holidays), and (y) during the provision months of pest control services June, July and window cleaning services at August, the Building. Tenant shallBuilding Hours for heating and air conditioning shall be Monday through Friday, in all events, have the right 8:00 a.m. to dispose 7:30 p.m. (exclusive of its trash and debris in the Landlord’s trash compactor and to place its materials for recycling into Landlord’s recycling containers. Tenant and Tenant’s custodial contractor(s) shall comply with Landlord’s standards relative to waste management and recyclingBuilding Holidays). (c) At any time after Tenant’s assumption of the specified custodial services as aforesaid, Tenant shall have the right to require Landlord to re-assume the responsibility for the performance of such services pursuant to the terms of the Lease, by providing Landlord with at least ninety (90) days prior written notice of its desire to so terminate Tenant’s provision of such services. Such notice letter shall specifically identify the date (the “Termination Date”) that Tenant shall terminate its performance of such custodial services. In the event that Tenant exercises its right to terminate its performance of such services as aforesaid, then, effective as of the Termination Date, Tenant shall terminate its performance of such services and Landlord shall again be responsible to perform the custodial and janitorial services under the terms of the Lease.