Common use of Electricity Charges Clause in Contracts

Electricity Charges. Except for the Primary Space set forth in Article 1 of this Eighth Amendment to Lease Agreement, Tenant acknowledges that Notwithstanding anything to the contrary contained in 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 Tenant’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, with the installment of Base Rent with which the same are billed, or if 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 any additional amount due (which Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges pursuant to the foregoing provisions, no electric utility charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A of the Lease). However, if the Property is less than 95% occupied during all or a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to 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 such year. In the event of any inconsistency between the Lease and this Exhibit, the latter shall govern and control. EXHIBIT C

Electricity Charges. Except for the Primary Space set forth in Article 1 of this Eighth Amendment to Lease Agreement, Tenant acknowledges that Notwithstanding anything to the contrary contained in 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 Tenant’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, with the installment of Base Rent with which the same are billed, or if 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 any additional amount due (which Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges pursuant to the foregoing provisions, no electric utility charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A of the Lease). However, if the Property is less than 95% occupied during all or a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to 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 such year. In the event of any inconsistency between the Lease and this Exhibit, the latter shall govern and control. EXHIBIT CD

Electricity Charges. Except Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the Primary Space set forth in Article 1 negligence or willful misconduct of this Eighth Amendment Landlord or its agents. Landlord shall have the right to Lease Agreement, Tenant acknowledges that Notwithstanding anything change the electric and other utility provider to the contrary contained in the Lease, in addition to the Base Rent and other charges set forth herein therein, Project or Building at any time. Tenant shall pay Landlord Tenant’s applicable share an amount equal to Tenant’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 TermLandlord, as the same may be extended from time to time. All such charges shall be payable as Additional Rent, within fifteen (15) business days of receipt of Landlord's billing statement therefor, all charges incurred by Landlord, or its agent, for electricity, such charges to be based upon Tenant's submeter/separate meter. The aforesaid electricity charges shall commence upon occupancy by Tenant of the Premises. 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 8:00 A.M. to 1:00 P.M. ("Working Hours"), excluding legal holidays, shall furnish the Premises with heat and air-conditioning in the respective seasons, and provide the Premises with electricity for lighting and usual office equipment. Landlord will provide after-hours cooling, heating and ventilating at hourly rates based on the actual cost incurred by Landlord 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 such 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, throughout any renewal periods, Tenant shall have the right to contract separately and have meters installed, at its sole cost and expense, for both Tenant's electricity for the Premises and Tenant's share of common electricity service. Any savings derived from Tenant's contract with the installment of Base Rent with which the same are billed, or if 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 any additional amount due (which Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for any over payment. In recognition that Tenant electric provider will be responsible for paying Tenant’s Share of such credited or paid directly to Tenant from the electric utility charges pursuant to the foregoing provisions, no electric utility charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A of the Lease). However, if the Property is less than 95% occupied during all or a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to 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 such year. In the event of any inconsistency between the Lease and this Exhibit, the latter shall govern and control. EXHIBIT Cprovider.

Electricity Charges. Except for the Primary Space set forth in Article 1 of this Eighth Amendment to Lease Agreement, Tenant acknowledges that Notwithstanding anything to the contrary contained in 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 Tenant’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, with the installment of Base Rent with which the same are billed, or if 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 be liable for any additional amount due (which Tenant shall pay within twenty (20) days thereafter) interruption or shall credit Tenant delay in electric or any other utility service for any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges pursuant to the foregoing provisions, no electric utility charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A of the Lease). However, if the Property is less than 95% occupied during all or a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to 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 such yearreason. In the event of any inconsistency between 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 this Exhibiton Saturdays from 9:00 A.M. to 1:00 P.M. ("Working Hours"), excluding legal holidays, shall furnish 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 provided at Landlord's then prevailing rate at Tenant's expense (currently $25.00 per hour). Notwithstanding anything herein to the 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 excess of normal office use and to pay Landlord for all such excess heat and air conditioning registered in such submeter. Tenant shall control and be separately metered for the electricity, gas, water, telephone for the Premises or other services which are metered, chargeable or provided to the Premises, at Tenant's sole cost and expense. Tenant shall make all such payments directly to the utility provider as and when bills are rendered. Should Tenant fail to pay such amounts, 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 latter same are necessary and shall govern 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 controlabide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building's services and systems. EXHIBIT CTenant 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 enter, adjust, tamper with, touch or otherwise in any manner affect the mechanical installations or facilities of the Building.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the Primary Space set forth in Article 1 negligence or willful misconduct of this Eighth Amendment 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 Lease Agreement, Tenant acknowledges that Notwithstanding anything change the electric and other utility provider to the contrary contained in Project or Building at any time, providing that the Lease, in addition electricity charges to the Base Rent and 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 charges set forth herein therein, than Landlord. Tenant shall pay Landlord Tenant’s applicable share an amount equal to Tenant’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 TermLandlord, as the same may be extended from time to time. All such charges shall be payable as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant for electricity in the Premises, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises and (b) Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building with respect to electric/gas. The aforesaid electricity charges shall commence upon, occupancy by Tenant of the installment of Base Rent with which the same are billedPremises. Landlord, or if billed separately24 hours a day, 7 days a week (“Working Hours”), excluding legal holidays, shall be due furnish the Premises with heat and payable within twenty air-conditioning (20HVAC) days after such billingin the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Landlord may reasonably estimate Tenant’s electricity charges in advance, Other than during the hours of 8:00 A.M. to 6:00 P.M. 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, weekdays 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 monthson Saturdays from 8:00 A.M. to 1:00 P.M., Landlord shall compare similarly supply HVAC in the amounts on an estimated basis with the Premises or part(s) thereof upon request of Tenant at Landlord’s actual charges incurred hereunderout of pocket cost for gas and electricity usage for such HVAC, and shall xxxx Tenant monthly for any such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional amount due (which cost to Tenant. Landlord shall endeavor to provide the Premises with electricity for lighting and usual office equipment as well as water service twenty-four hours a day, seven days a week, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor to provide use and safe access to the Building and all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges pursuant have access to the foregoing provisionsPremises 24 hours a day, no electric utility charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A of the Lease). However7 days a week, if the Property is less than 95% occupied during all or 365 days a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to 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 such year. In the event of any inconsistency between the Lease and this Exhibit, the latter shall govern and control. EXHIBIT C.

Electricity Charges. Except Landlord shall not be liable for any interruption any utility service for any reason unless caused by the Primary Space set forth gross negligence or willful misconduct of Landlord. Notwithstanding the preceding sentence in Article 1 of this Eighth Amendment to Lease Agreement, Tenant acknowledges that Notwithstanding anything Section 7 to the contrary contained 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 for its Permitted Use, Rent shall be equitably abated based upon the portion of the Premises which is rendered uninhabitable as a result of such interruption (but not in an aggregate amount in excess of the Lease, in addition to the Base Rent and aggregate amount of proceeds Landlord receives under its “loss of rents” policy) until such electric or other charges set forth herein therein, utility services are restored. Tenant shall pay Landlord Tenant’s applicable share an amount equal to Tenant’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 TermLandlord, as the same may be extended from time to time. All such charges shall be payable as Additional Rent, with the installment of Base Rent with which the same are billedall charges incurred by Landlord for electricity, or if billed separately, shall such charges to be due and payable within twenty (20) days after such billing. Landlord may reasonably estimate based upon Tenant’s Share. Tenant shall pay to Landlord as Additional Rent Landlord’s monthly estimate of Tenants Share of 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 billingmanner, 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 any additional amount due (which Tenant shall pay within twenty (20) days thereafter) or shall credit Tenant for any over payment. In recognition that Tenant will be responsible for paying Tenant’s Share of such electric utility charges pursuant to the foregoing provisions, no electric utility same process as Tenant is required to pay the monthly estimates of Recognized Expenses pursuant to Article 6 above. The aforesaid electricity charges shall be included in Operating Expenses (as defined in Article 25 of Exhibit A commence upon occupancy by Tenant of the LeasePremises. Landlord, during the hours 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”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning in the respective seasons, and provide the Premises with electricity for lighting and usual office equipment. HoweverAt any hours other than the aforementioned, such services will be provided at Tenant’s expense at $65.00 per hour. Notwithstanding anything herein to the contrary, if the Property is less than 95% occupied during all or a portion of any calendar year, Landlord may elect to make an appropriate adjustment to the electricity charges for such year, employing sound accounting and management principles, to determine the amount reasonably determines that Tenant’s use of electricity that would have been incurred had is excessive, Tenant agrees to pay for the Property been 95% occupied; installation of a separate electric meter to measure electrical usage in excess of normal office use and the amount so determined shall be deemed to have been the amount of pay Landlord for all such excess electricity charges for registered in such year. In the event of any inconsistency between the Lease and this Exhibit, the latter shall govern and control. EXHIBIT Csubmeter.