Common use of Electricity Charges Clause in Contracts

Electricity Charges. (a) Landlord shall furnish or cause to be furnished to the Premises electricity as provided in Article 12. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, or its agent, for electricity, (including, without limitation, the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed. The aforesaid electricity charges shall commence upon delivery to Tenant of the Premises. For purposes of this Article 7, from time to time during the Term, Landlord may enter the Premises to install, maintain, replace or read meters for electricity and/or to evaluate Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use of the premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situation

Electricity Charges. (a) Except as set forth herein, Landlord shall furnish not be liable for any interruption or cause delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of Landlord or its agents. Landlord shall have the right to be furnished change the electric and other utility provider to the Premises electricity as provided Project or Building at any time. Notwithstanding anything in Article 12. this Lease to the contrary, Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, Landlord or its agent, agent for electricity, (including, without limitation, the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, ; such charges to for the Premises shall be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter Allocated Share and such charges for the Premises. Landlord has been advised that the rate for electricity Building shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessedbased on Tenant’s Allocated Share. The aforesaid electricity charges shall commence upon delivery to occupancy by Tenant of the Premises. For purposes of this Article 7, from time to time during the Term, Landlord may enter the Premises to install, maintain, replace or read meters for electricity and/or to evaluate Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right to estimate the electric charge but shall be required to reconcile on an annual basis based on invoices received for such period. Tenant, at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary’s expense, shall allow Landlordhave the right to install a check meter in the Premises to review Tenant’s Premises utility consumption. If it is reasonably determined by the check meter readings that Tenant is being undercharged or overcharged for such utility service, Electric Service Provider, and any Alternate Service Provider reasonable access then Landlord shall immediately adjust Tenant’s charge to the Building’s electric linesamount indicated by the check meter readings. Notwithstanding anything herein to the contrary, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with if Landlord reasonably determines that Tenant’s use of the premises. Landlord shall electricity is excessive, Landlord, at Landlord’s expense may install a separate electric meter to measure electrical usage in no way be liable or responsible for any loss, damage or expense that excess of normal office use and Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable required to pay Landlord for all such situationexcess electricity registered in such submeter.

Electricity Charges. (a) Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason. In the event of any stoppage or interruption of services or utilities, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. As long as Tenant is not in default under any covenants of this Lease, Landlord, during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 9:00 A.M. to 1:00 P.M. ("Working Hours"), excluding legal holidays, shall furnish or cause to the Premises with heat and air-conditioning in the respective seasons. At any hours other than the aforementioned, such heat and air-conditioning services will be furnished provided at Landlord's then prevailing rate at Tenant's expense (currently $25.00 per hour). Notwithstanding anything herein to the Premises electricity as provided contrary, if Landlord reasonably determines that Tenant's use of heat and air conditioning is excessive, Tenant agrees to pay for the installation of a separate meter to measure heat and air conditioning usage in Article 12excess of normal office use and to pay Landlord for all such excess heat and air conditioning registered in such submeter. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, or its agent, control and be separately metered for the electricity, (includinggas, without limitationwater, telephone for the cost for taxesPremises or other services which are metered, fuel adjustment charges, transfer charges and other like charges regularly passed on chargeable or provided to the consumer by the public utility furnishing electricity Premises, at Tenant's sole cost and expense. Tenant shall make all such payments directly to the Building utility provider as and service, meter reading and billing charges), without markup, when bills are rendered. Should Tenant fail to pay such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed. The aforesaid electricity charges shall commence upon delivery to Tenant of the Premises. For purposes of this Article 7, from time to time during the Term, Landlord may enter the Premises to install, maintain, replace or read meters for electricity and/or to evaluate Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by lawamounts, Landlord shall have the right to pay the same on Tenant's behalf and Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in conjunction with such payment within ten (10) days after demand therefor. All such costs and expenses incurred by Landlord on Tenant's behalf shall be deemed additional rent payable by Tenant and collectible by Landlord as such. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant's excess electrical requirements shall, upon Tenant's written request, be installed by Landlord, at Tenant's sole cost, if, in Landlord's reasonable judgment, the same are necessary and shall not (i) cause permanent damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses, or (iv) interfere with or disturb other tenants or occupants of the Building. Tenant shall cooperate fully at all times with Landlord, and abide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building's services and systems. Tenant shall not use any apparatus or device in, upon or about the Premises which may in any way increase the amount of services or utilities usually furnished or supplied to the Premises or other premises in the Building. In addition, Tenant shall not connect any conduit, pipe, apparatus or other device to the Building's water, waste or other supply lines or systems for any purpose. Neither Tenant nor its employees, agents, contractors, licensees or invitees shall at any time and from time to time during enter, adjust, tamper with, touch or otherwise in any manner affect the Term to either contract for service from a different company mechanical installations or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use facilities of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use of the premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situation.

Electricity Charges. (a) Landlord As used in this Sublease, the term ------------------- "Electricity Charges" shall furnish mean the cost to Sublandlord for electricity provided for lighting, outlets and supplemental HVAC installed by Subtenant or cause to be furnished at Subtenant's request, to the Premises Subleased Premises. Subtenant acknowledges and agrees that the electricity as provided in Article 12. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, or its agent, for electricity, (including, without limitation, the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building Subleased Premises will be sub- metered and service, meter reading and billing charges), without markup, such charges to that Subtenant will be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter billed monthly for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed. The aforesaid electricity charges shall commence upon delivery to Tenant of the Premises. For purposes of this Article 7, from time to time during the Term, Landlord may enter the Premises to install, maintain, replace or read meters for electricity and/or to evaluate Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the BuildingElectricity Charges. Notwithstanding the foregoing, if permitted Electricity Charges does not include electricity costs incurred by lawSublandlord in connection with the furnishing of those services, Landlord the cost of which is included in the Operating Expenses. Subtenant shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use excess services consistent with Section 4.1.2 of the premises or increase Master Lease which are in excess of standard services as defined in Section 4.1.1 and Exhibit D of the Master Lease ("Excess Services"). Subtenant shall reimburse Sublandlord for the cost charged of providing such Excess Services as Additional Rent. Sublandlord acknowledges and agrees that in no case shall Operating Expenses include the costs of excess or additional services provided to Tenantany subtenant or other occupant of the Building which are directly billed to such subtenant or occupant. Tenant Sublandlord agrees that the electricity provided to each subtenant or other occupant of the Building shall reasonably cooperate be separately metered from that of Subtenant in a manner consistent with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access submetering of electricity provided to the Building’s electric lines, feeders, risers, wiring, Subtenant and that no such submetered electricity provided to any subtenant or other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use occupant of the premisesBuilding shall be included within Operating Expenses. Landlord In no case shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished Excess Services provided to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable Subtenant include charges for Tenant’s requirements standard services as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of defined in Section 12(b) shall be applicable to such situation4.1.1

Electricity Charges. (a) Landlord shall furnish not be liable for any interruption or cause delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of Landlord or its agents. Landlord shall have the right to be furnished change the electric and other utility provider to the Premises electricity as provided in Article 12Project or Building at any time. Tenant shall pay to Landlord, as Additional Rent, within thirty fifteen (3015) business days of receipt of Landlord’s 's billing statement therefor, all charges actual incurred by Landlord, or its agent, for electricity, (including, without limitation, the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed's submeter/separate meter. The aforesaid electricity charges shall commence upon delivery to occupancy by Tenant of the Premises. For purposes As long as Tenant is not in default under any covenants of this Article 7Lease, from time to time Landlord, during the Termhours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. ("Working Hours"), Landlord may enter excluding legal holidays, shall furnish the Premises to installwith heat and air-conditioning in the respective seasons, maintainand provide the Premises with electricity for lighting and usual office equipment. Landlord will provide after-hours cooling, replace or read meters for electricity and/or to evaluate Tenant’s consumption of heating and demand for electricity. (b) Landlord has advised Tenant that presently ventilating at hourly rates based on the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected actual cost incurred by Landlord to provide electricity in providing such service (and in no event more than $65.00 per hour); provided, that Tenant shall give reasonable prior notice of the desire for the Buildingsuch services. If Landlord provides requested after hours service of two or more tenants, Tenant shall only be charged its proportionate share of these expenses. Notwithstanding the foregoing, if permitted by lawthroughout any renewal periods, Landlord Tenant shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract separately and have meters installed, at its sole cost and expense, for service both Tenant's electricity for the Premises and Tenant's share of common electricity service. Any savings derived from Tenant's contract with the electric provider will be credited or paid directly to Tenant from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use of the premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situationprovider.

Electricity Charges. (a) Except as provided herein, Landlord shall furnish not be liable for any interruption or cause delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of Landlord its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. Landlord shall have the right to be furnished change the electric and other utility provider to the Premises Project or Building at any time, providing that the electricity as provided in Article 12charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges actual incurred by Landlord, or its agent, Tenant for electricity, (including, without limitation, electricity in the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markupPremises, such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service consumption, as measured by Landlord’s meter submeter for the Premises. Landlord has been advised that Premises and (b) Tenant’s Allocated Share of all charges incurred in the rate for electricity shall be operation of the high tension rate and Landlord shall pass through common areas of the Building with respect to Tenant only the actual rate assessedelectric/gas. The aforesaid electricity charges shall commence upon delivery to upon, occupancy by Tenant of the Premises. For purposes Landlord, 24 hours a day, 7 days a week (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of this Article 7, from time to time the Premises. Other than during the Term, Landlord may enter the Premises hours of 8:00 A.M. to install, maintain, replace or read meters for electricity and/or 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to evaluate Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law1:00 P.M., Landlord shall have similarly supply HVAC in the right Premises or part(s) thereof upon request of Tenant at any time Landlord’s actual out of pocket cost for gas and from time electricity usage for such HVAC, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the Tenant’s cold room at no additional cost charged to Tenant. Tenant Landlord shall reasonably cooperate endeavor to provide the Premises with Landlordelectricity for lighting and usual office equipment as well as water service twenty-four hours a day, the Electric Service Providerseven days a week, and any Alternate Service Provider shall keep reasonably lighted all hallways, stairways, common areas at all times and, as reasonably necessary, shall allow Landlord, Electric Service Providertimes, and any Alternate Service Provider reasonable shall endeavor to provide use and safe access to the Building’s electric linesBuilding and all parking, feeders, risers, wiring, common areas and any other machinery and conduits within elevators twenty-four hours a day seven days a week Tenant shall have access to the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use of the premises. Landlord shall in no way be liable or responsible for any loss24 hours a day, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure7 days a week, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situation365 days a year.

Electricity Charges. (a) Landlord shall furnish or cause Except for the Primary Space set forth in Article 1 of this Eighth Amendment to be furnished Lease Agreement, Tenant acknowledges that Notwithstanding anything to the Premises electricity as provided contrary contained in Article 12. the Lease, in addition to the Base Rent and other charges set forth herein therein, Tenant shall pay Landlord Tenant’s applicable share an amount equal to LandlordTenant’s Share (as such term is defined in Section 30 of Exhibit A of the Lease) of all electric utility charges incurred at the Building during the Term, as the same may be extended from time to time. All such charges shall be payable as Additional Rent, within thirty (30) business days with the installment of receipt of Landlord’s billing statement therefor, all charges actual incurred by LandlordBase Rent with which the same are billed, or its agentif billed separately, shall be due and payable within twenty (20) days after such billing. Landlord may reasonably estimate Tenant’s electricity charges in advance, on a monthly, quarterly, semi-annual, or other reasonable basis; in such case Tenant shall pay the estimated amount with the installment of Base Rent with which the same is billed, or if billed separately, within twenty (20) days after such billing, and Tenant shall continue paying Landlord such estimated amount until Landlord shall adjust such estimate. In such event, periodically, but not less often than once each twelve months, Landlord shall compare the amounts on an estimated basis with the actual charges incurred hereunder, and shall xxxx Tenant for electricity, any additional amount due (including, without limitation, the cost which Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for taxes, fuel adjustment charges, transfer any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges and other like charges regularly passed on pursuant to the consumer by the public foregoing provisions, no electric utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed. The aforesaid electricity charges shall commence upon delivery to Tenant included in Operating Expenses (as defined in Article 25 of Exhibit A of the PremisesLease). For purposes However, if the Property is less than 95% occupied during all or a portion of this Article 7, from time to time during the Termany calendar year, Landlord may enter elect to make an appropriate adjustment to the Premises electricity charges for such year, employing sound accounting and management principles, to install, maintain, replace or read meters determine the amount of electricity that would have been incurred had the Property been 95% occupied; and the amount so determined shall be deemed to have been the amount of electricity charges for electricity and/or to evaluate Tenant’s consumption such year. In the event of any inconsistency between the Lease and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlordthis Exhibit, the Electric Service Provider, latter shall govern and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with Tenant’s use of the premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situationcontrol.

Electricity Charges. (a) Landlord shall furnish or cause to be furnished to the Premises electricity as provided in Article 12. Tenant shall pay to Landlord, as Additional Rentadditional rent, within thirty fifteen (3015) business days of receipt of Landlord's billing statement therefor, Tenant’s pro rata share of all charges incurred by Landlord for electricity and fuel oil at the Property (“Tenant’s Pro Rata Electricity Share”). Tenant’s Pro Rata Electricity Share shall be calculated based on the rentable square footage of the Premises compared to the total rentable square footage of occupied space in the Property. Landlord shall not be liable for any interruption of any utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that: a. Tenant's use of electricity throughout the Premises is excessive, Tenant agrees to pay for the installation of a separate electric meter to measure electrical usage in the Premises and to pay Landlord, as additional rent, within fifteen (15) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, or its agenttherefore, for electricity, (including, without limitation, the cost all such electricity registered in such sub-meter and Tenant’s Share of electricity charges for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, such charges to be based upon Tenant’s consumption at the rate that would be charged to Tenant for direct service as measured by Landlord’s meter for the Premises. Landlord has been advised that the rate for electricity shall be the high tension rate and Landlord shall pass through to Tenant only the actual rate assessed. The aforesaid electricity charges shall commence upon delivery to Tenant of the Premises. For purposes of this Article 7, from time to time during the Term, Landlord may enter the Premises to install, maintain, replace or read meters for electricity and/or to evaluate Tenant’s consumption of and demand for electricity.common areas; (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with b. Tenant’s use of the premises. Landlord shall in no way be liable one or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character more portions of the Premises for the operation of equipment requires heating, ventilation and/or air-conditioning service substantially in excess of what would otherwise be necessary for the Permitted Use (such as a server room requiring 24 hour per day, 7 day per week air-conditioning), then Landlord may require Tenant to pay for the installation by Landlord of such heating, ventilation, air-conditioning and electrical and other equipment as Landlord deems reasonably necessary, the installation by Landlord of a separate electric energy furnished sub-meter to measure electrical usage in such portions of the Premises, or if, through no fault the cost of Landlord or its agents, employees or contractorsall electricity registered to such sub-meter, the quantity or character cost incurred by Landlord in maintaining and repairing such equipment including, without limitation and the charges payable under any service contract covering the maintenance and repair of such equipment. Tenant shall not remove such equipment at the end of the electric Term unless required to do so by Landlord. If Landlord installs energy supplied by savings equipment for the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable purpose of reducing electricity use in the Property, then Tenant shall pay Landlord for Tenant’s requirements Share of the cost of such equipment as long amortized in equal monthly installments over the period coinciding with the Term of this Lease which commences on the date of installation and ends on the projected date when the cost of such equipment will be recovered in electricity cost savings as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situationreasonably estimated by Landlord.

Electricity Charges. (a) Landlord shall furnish not be liable for any interruption any utility service for any reason unless caused by the gross negligence or cause to be furnished willful misconduct of Landlord. Notwithstanding the preceding sentence in this Section 7 to the contrary, (i) if any interruption of electric or any other utility services, however caused, shall continue for more than five (5) consecutive business days or ten (10) business days within any twelve (12) month period, and such interruption substantially affects Tenant’s ability to use and occupy the Premises electricity for its Permitted Use, Rent shall be equitably abated based upon the portion of the Premises which is rendered uninhabitable as provided a result of such interruption (but not in Article 12an aggregate amount in excess of the aggregate amount of proceeds Landlord receives under its “loss of rents” policy) until such electric or other utility services are restored. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, all charges actual incurred by Landlord, or its agent, Landlord for electricity, (including, without limitation, the cost for taxes, fuel adjustment charges, transfer charges and other like charges regularly passed on to the consumer by the public utility furnishing electricity to the Building and service, meter reading and billing charges), without markup, such charges to be based upon Tenant’s consumption at the rate that would be charged Share. Tenant shall pay to Tenant for direct service Landlord as measured by Additional Rent Landlord’s meter for monthly estimate of Tenants Share of electricity charges in the Premises. Landlord has been advised that same manner, and pursuant to the rate for electricity shall be same process as Tenant is required to pay the high tension rate and Landlord shall pass through monthly estimates of Recognized Expenses pursuant to Tenant only the actual rate assessedArticle 6 above. The aforesaid electricity charges shall commence upon delivery to occupancy by Tenant of the Premises. For purposes of this Article 7Landlord, from time to time during the Termhours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. (“Working Hours”), Landlord may enter excluding legal holidays, shall furnish the Premises to installwith heat and air-conditioning in the respective seasons, maintainand provide the Premises with electricity for lighting and usual office equipment. At any hours other than the aforementioned, replace or read meters for electricity and/or to evaluate such services will be provided at Tenant’s consumption of and demand for electricity. (b) Landlord has advised Tenant that presently the Philadelphia Electric Company (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Buildingexpense at $65.00 per hour. Notwithstanding anything herein to the foregoingcontrary, if permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider so long as the same does not adversely affect Tenant or its use of the premises or increase the cost charged to Tenant. Tenant shall reasonably cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery and conduits within the Premises so long as such access does not materially or unreasonably interfere with determines that Tenant’s use of electricity is excessive, Tenant agrees to pay for the premises. installation of a separate electric meter to measure electrical usage in excess of normal office use and to pay Landlord shall for all such excess electricity registered in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change or temporary failure, interference, disruption, or defect, through no fault of Landlord or its agents, employees or contractors, in the supply or character of the electric energy furnished to the Premises, or if, through no fault of Landlord or its agents, employees or contractors, the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is temporarily no longer available or suitable for Tenant’s requirements as long as Landlord proceeds with due diligence to correct such situation as promptly as possible. In any event, the provisions of Section 12(b) shall be applicable to such situationsubmeter.