Common use of Electricity Clause in Contracts

Electricity. Tenant represents and warrants to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense.

Electricity. Tenant represents At all reasonable times, electric service which from time to time may fluctuate but in no event shall be less than the product of one kilowatt per square foot multiplied by the rentable square feet of the Premises, and warrants not more than the product of six (6) kilowatts per square foot multiplied by the rentable square feet of the Premises (collectively, said minimum and maximum products shall be referred to Landlord as the “wattage allowance”); provided, however, that: (i) without Landlord’s consent, Tenant shall not install, or permit the DWP power substation installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of the wattage allowance; (ii) if Tenant shall require electric service which may disrupt the “Substation”) has been installed provision of electrical service to other tenants or be in accordance with excess of the Lease, the Conversion has occurredwattage allowance, Landlord has no obligation may refuse to provide grant its consent or make available may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to Tenant any electrical furnish such excess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electricity consumed, in which latter event Tenant shall pay for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all of Tenant’s present and future electrical needs are and shall be provided exclusively excess electric current consumed at the rates charged by the Substationapplicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electricity so consumed; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; and (iii) Tenant has constructed if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and fully paid for operate any machinery or equipment necessary to restore the power platform adjacent temperature level to that otherwise required to be provided by Landlord, including but not limited to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized cost of modifications to the two (2) Backup Power Generators (air conditioning system. In the “Additional Backup Power Generator Space”); and (iv) Tenant has not assignedevent of any utility deregulation whereby California utility customers may choose service providers, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power Landlord may select such utility service provider which it deems to be generated by appropriate to service the Substation in excess utility needs of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned Building, with or without regard to the rates charged by Landlord or its successors or assigns) the exclusive right to consumesuch utility service provider, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at so long as Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Spaceselection is commercially reasonable. Landlord shall not, in any way, be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing to Tenant for any fuel used by Landlord in connection with loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the Additional Backup Power Generator Space as reasonably determined by Tenantcapacity of the feeders, risers or electrical installations of the Building. Tenant may require Landlord If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior include an additional payment to Landlord occupying or using reflecting the Additional Backup Generator Space. If cost to Landlord for furnishing electricity to Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair in the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensePremises.

Electricity. Section 13.1 Tenant represents and warrants to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance shall at all times comply with the Leaserules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power public utility supplying electricity to the Building. The risers servicing the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva capable of electrical power from the Substation which has a maximum output of not less than furnishing six (6) Mva; wxxxx demand load of electricity per gross square foot of the Premises (iiiexclusive of base Building HVAC). Tenant’s use and consumption of electricity shall not exceed a demand load of six (6) wxxxx per gxxxx square foot of the Premises. Tenant has constructed shall not use any electrical equipment which, in Landlord’s sole reasonable judgment, would exceed such capacity of the risers serving the Premises or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord’s sole reasonable judgment, Tenant’s electrical requirements exceed such capacity, Landlord shall so notify Tenant of same, and fully paid for the power platform adjacent Tenant shall immediately cease such usage, subject to the Building provisions of this Section 13.1. Within five (“Platform Space”)5) days after receipt of such notice, has installed thereon two Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (2specifying the amount requested) Backup Power Generators be made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and the Substationamount, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assignedif any, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated made available. If Landlord shall agree to make available such additional electrical capacity and the same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion limits of the Additional Backup Power Generator Space. As partial consideration for switchgear, provided, however, that Landlord, in Landlord’s agreement to accept sole reasonable judgment (taking into consideration the surrender potential needs of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation present and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned itself), determines that such installation is practicable. Any such installation shall be made by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-leaseLandlord, occupy, use and enjoy the Additional Backup Power Generator Space and to install at LandlordTenant’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable forexpense, and shall pay at least be chargeable and collectible as additional rent and paid within ten (10) days before delinquencyafter the rendition of a bxxx to Tenant therefor. If Landlord, in Landlord’s sole judgment, shall determine not to make available such additional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord. (A) Unless Landlord hereby indemnifies is required by any Requirement or by the rules and holds regulations of the public utility to have Tenant harmless obtain electricity from and against any liability in connection withthe public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.3 hereof, all taxes levied directly or indirectly against any personal property or equipment placed electricity shall be supplied by Landlord or its assignees on or about to the Platform Space. Landlord Premises and Tenant shall share equally any other common expenses incurred by either pay to Landlord, as additional rent for such service, the regular maintenance and repair of amounts (the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the “Electricity Additional Backup Power Generator Space Rent”) as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying meter or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for submeter (installed by Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensecost, for the purposes of measuring such consumption) at charges, terms and rates set from time to time during the Term by the public utility corporation serving the Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five percent (5%) of the charge therefor as Landlord’s administrative charge for overhead and supervision. (B) Where more than one meter measures the electricity supplied to Tenant, the total electricity rendered through all meters shall be computed and billed in the aggregate in accordance with the provisions hereinabove set forth. Bills for the Electricity Additional Rent shall be rendered to Tenant at such time as Landlord may elect, and Tenant shall pay the amount shown thereon to Landlord within ten (10) days after receipt of such bxxx.

Electricity. 12.01. Tenant represents shall make no alterations or additions to the electrical distribution system, electrical equipment or appliances without the prior written consent of Landlord in each instance. Tenant covenants and warrants agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the risers or wiring installation therein and Tenant may not use any electrical equipment which, in Landlord's sole judgment, will overload such installations or interfere with the use thereof by other tenants of the Building. 12.02. Landlord that: (i) shall furnish at Tenant's expense electric current to Tenant in the DWP power substation (the “Substation”) has been installed Demised Premises in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all Building electric design of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators xxxxx per square foot of Useable Area for lighting and one (1) watt per square foot of Useable Area for power. Tenant shall be responsible for the Substationinstallation, cost, operation and there is sufficient unused platform space maintenance of such additional fixtures or systems and business machines as Tenant shall deem necessary and which Landlord shall permit in writing in accordance with the provisions of this Lease to receive no fewer than three (3) additional Backup Power Generators similarly sized to accommodate any total lighting and power electrical load in the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated Demised Premises occasioned by the Substation Tenant's use thereof in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators xxxxx per square foot of Useable Area. 12.03. Except as otherwise provided in the Additional Backup Power Generator Space or to useSection 12.08 hereof, lease or license all or any portion effective as of the Commencement Date, Tenant shall pay to Landlord as Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement Rent an amount determined by multiplying the Tenant's Rentable Area by $2.25 per square foot (subject to accept the surrender adjustment as hereinafter specified), said sum to be composed of the Must-Take Premises as provided above, Tenant agrees thatfollowing: (i) for Tenant's consumption of electrical power in the remainder Demised Premises, an amount determined by multiplying the Rentable Area by a factor (hereinafter called the "Demised Premises Electricity Factor") of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume$1.25 per square foot, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees for Tenant's Pro-Rata Share (including without limitation any current or future tenants as defined in Section 1.02) of the Building and any other real property owned Electricity Costs (as hereinafter defined), an amount determined by Landlord or its successors or assignsmultiplying the Rentable Area by a factor (hereinafter called the "Building Electricity Factor") of $1.00 per square foot. As used in this Article XII, "Building Electricity Costs" shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and mean all costs and expenses incurred by it the Landlord for the purchase and/or use of electricity (ia) throughout the Building during Normal Business Hours (as defined by Section 24.08 hereof), which shall include but not be limited to that electricity used for all heating, ventilating, air-conditioning, machinery, mechanical and service facilities, elevators, lobbies, entrances, corridors, stairwells, bathrooms, elevators, and loading docks, and (b) for Building site lighting and after Normal Business Hours. Building Electricity Costs shall not include: (x) electricity for which any tenant in the useBuilding is obligated to pay Landlord pursuant to the provisions of Section 12.03(i), operation and improvement of the Additional Backup Power Generator Space and (iiy) electricity provided to other tenants in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building for heating, ventilating or air-conditioning after Normal Business Hours. The Demised Premises Electricity Factor and any other real property owned by Landlord or its successors or assigns) begin the Building Electricity Factor shall both be subject to use adjustment pursuant to the sameprovisions of Sections 12.04, at which time, Tenant 12.05 and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense12.

Electricity. Tenant represents and warrants to 16.01 (a) Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or shall make available to Tenant any the Tenant, at the electrical power to distribution panels serving the Premises and all various portions of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva Premises, an aggregate of electrical power from the Substation which has a maximum output of not less than six (6) Mva; xxxxx per square foot of the Useable Area of the Premises (iiidemand load) Tenant has constructed of electrical capacity and fully paid for the power platform adjacent to in no event shall any one electrical distribution panel on a floor of the Building on which the Premises are located be serviced with less than four (4) xxxxx per square foot of the Useable Area of the Premises served by such panel (the “Platform SpaceBasic Capacity”), has installed thereon exclusive of the electric power required to operate the Building HVAC Systems and other Building systems that are not Tenant’s responsibility to provide electric power for pursuant to this Sublease (whether or not the cost of such electric power is included in Operating Expenses), but inclusive of the power required to operate the Supplemental HVAC Units (as defined in Section 17.05 hereof). Landlord shall not de-rate the xxxxx per square foot of Useable Area of the Premises that Landlord makes available on any particular riser or at any particular electrical distribution panel serving the Premises at any time after Landlord approves Alterations for work to distribute the electrical capacity within the Premises from such riser and panel. For the purposes of clarification, to satisfy the foregoing obligation, and subject to any re-distribution of electrical power by or on behalf of Tenant, the average electrical capacity to be made available to the portions of the Premises in the aggregate on any given floor of the Building shall be six (6) xxxxx per square foot of the Useable Area of the Premises (demand load); so that if, by way of example, an entire floor of the Building is part of the Premises and there are four (4) electrical distribution panels serving such floor, each of which serves twenty (25%) percent of the Useable Area on such floor, and the electrical capacity available at two (2) Backup Power Generators of such electrical distribution panels is seven (7) xxxxx per square foot of the Useable Area of the portions of the Premises served by such electrical distribution panels (demand load), and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to electrical capacity available at the other two (2) Backup Power Generators of such electrical distribution panels is five (the “Additional Backup Power Generator Space”); and (iv5) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion xxxxx per square foot of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender Useable Area of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder portions of the Lease term Premises served by such electrical distribution panels (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tankdemand load), then Landlord shall have the right but not the foregoing obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to will be maintained and repaired at Tenant’s expensesatisfied.

Electricity. Landlord shall have the right, but not the obligation, to install a separate meter in or serving the Premises to measure electricity usage for lights and plugs in the Premises. If electricity for lights and plugs serving the Premises is separately metered in the future for the New Premises, then the cost of all electricity for lights and plugs as measured by such separate meter will be the sole responsibility of the Tenant represents and warrants to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or Tenant shall make available to Tenant any electrical power payment of all such electricity costs directly to the utility company furnishing such electricity as and when the same is due and payable. Tenant acknowledges and agrees that the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid presently separately metered for electricity but, rather, electricity usage for the power platform adjacent to entirety of the fourth floor and fifth floor of the Building (“Platform Space”)collectively the "Fourth and Fifth Floors") on which the Premises are located and of which the Premises form a part, has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators are measured by a separate meter (the “Additional Backup Power Generator Space”"Fourth and Fifth Floor Meter"); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided aboveAccordingly, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes covenants and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least monthly within ten (10) days before delinquencyof being billed therefor, as additional rent, a sum equal to Tenant's Electrical Charge (as said term is hereinafter defined). As used herein, "Tenant's Electrical Charge" shall mean an amount equal to the product obtained by multiplying (a) the total electrical charges for the entire Fourth and Landlord hereby indemnifies Fifth Floors as measured by the Fourth and holds Tenant harmless from Fifth Floor Meter (the "Billed Amount") for the applicable period by (b) the Tenant's Electrical Percentage (as said term is hereinafter defined). As used herein, the term "Tenant's Electrical Percentage" shall mean a fraction (expressed as a percentage), the numerator of which shall be the rentable square footage of the Premises as set forth in this Lease and against the denominator of which shall be the rentable square footage of the Fourth and Fifth Floors, namely, approximately 52,114 rentable square feet; provided, however, that if one hundred (100%) percent of the rentable square footage on the Fourth and Fifth Floors is not leased and occupied during any liability particular period for which Tenant's Electrical Charge is payable, then (a) the Billed Amount with respect to the applicable period for which the Tenant's Electrical Charge is being computed shall be deemed reduced by a dollar amount equal to the product obtained by multiplying (i) 8.33 cents ($0.0833) by (ii) the number of rentable square feet on the Fourth and Fifth Floors vacant during the applicable period and (b) the denominator used in connection withcalculating Tenant's Electrical Percentage (and Tenant's Electrical Charge) for such period shall be the rentable square footage on the Fourth and Fifth Floors which is in fact leased and occupied during the same applicable period, all taxes levied directly Initially, at the date of this Lease, based on the foregoing, Tenant's Electrical Percentage is 59.8% but is subject to adjustment as set forth above. Tenant's Electrical Percentage, subject to adjustment pursuant to Section 3.1, is 59.8%. If in Landlord's judgment, Tenant's use of electricity is in excess of normal office usage or indirectly against any personal property shall result in an additional burden on the Building's utility systems or equipment placed by Landlord or its assignees additional cost on or about account thereof, as the Platform Space. Landlord and case may be, Tenant shall share equally any other common expenses incurred upon demand reimburse Landlord for all additional costs related thereto. Landlord, at Tenant's expense, shall replace. and install all ballasts, lamps and bulbs (including, but not limited to, incandescent and fluorescent) used in the Premises. All such replacements shall be of a type, color and size as shall be designated by either for the regular maintenance and repair of the Platform SpaceLandlord. Landlord shall not in any way be liable or responsible for paying for and/or reimbursing to Tenant for any fuel used by Landlord in connection loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electricity is changed or is no longer available or suitable for Tenant's requirements. To the extent separately metered and billed to Tenant, Tenant shall also pay directly to the proper authorities charged with the use collection thereof all charges for water, sewer, gas, electricity (except for electricity measured by the Fourth and Fifth Floor Meter), fire protection and other utilities (except for electricity measured by the Fourth and Fifth Floor Meter) used or consumed on the Premises by Tenant or any party claiming by, through or under Tenant, whether called charge, tax, assessment, fee or otherwise, all such charges to be paid as the same from time to time become due. It is understood and agreed that Tenant shall make its own arrangements for obtaining service from such utilities and that Landlord shall not be liable for any interruption or failure in the supply of any such utilities to the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator SpacePremises. If Tenant fails is not charged directly by the respective utility for any of such utilities or services, Tenant shall from time to store a volume time, within ten (10) days of fuel sufficient for Landlord’s use as permitted hereunder or fails 's invoice therefor, pay to maintain or repair Landlord such charges and services from the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseutility company.

Electricity. Section 13.01. Tenant represents shall purchase its electric energy directly from the public utility serving the Building, and warrants to shall be responsible for the payment of all bills and billxxxx xxxrefor. Section 13.02. Landlord that: (i) the DWP power substation (the “Substation”) has been installed shall not be liable in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available any way to Tenant for any electrical change, failure, inadequacy or defect in the supply or character of electric energy furnished to the Premises except for Landlord's wilful acts or gross negligence. Landlord represents that the existing meter is in working order. Tenant shall be responsible for any repair, maintenance and replacement of any electric meter, panel board and all wires, wiring, feeders and risers or Tenant's side of the meters serving the Premises, at Tenant's expense, or shall pay Landlord's actual costs therefor twenty (20) days after demand. Section 13.03. Landlord represents that there are four (4) electric panel boards in the Premises, two (2) on each of the twenty-eighth (28th) and twenty-ninth (29th) floors. The panel boards on the twenty-ninth (29th) floor are fused at two hundred (200) amps capacity and one hundred seventy five (175) amps capacity, respectively; the panel boards on the twenty-eighth (28th) floor are fused at two hundred (200) amps capacity and one hundred twenty-five (125) amps capacity, respectively. All power is four hundred eighty (480) volts, three (3) phase. Landlord further represents that Landlord will not diminish the power to the Premises as set forth in this Paragraph. At no time shall Tenant's actual demand electrical load in the Premises exceed the currently existing riser capacity for the Premises. Tenant may install as part of its initial work additional riser or risers and all other equipment proper and necessary in connection therewith. In the event that Tenant exercises any of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) its options for Expansion Space under Article 45, Option Space under Article 46 or Additional Space under Article 47 then in any such event Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or may install additional Backup Power Generators in the Additional Backup Power Generator Space riser or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any risers and all costs other equipment proper and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability necessary in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or therewith as part of its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord work in connection with preparing such space for its initial occupancy, subject to Landlord's approval, which approval shall not be unreasonably withheld or delayed, and in connection with such work Tenant shall use a licensed electrical engineer reasonably approved by Landlord. Rigid conduit or EMT only will be allowed except for the use of wiring under the Additional Backup Power Generator Space as reasonably determined by Tenant. raised floor area where Tenant may require Landlord use any type of wire permitted by any applicable Legal Requirement. Section 13.04. Subject to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Section 12.04 (B), Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not to install a back-up source of electrical power in the obligation to fill the tank with and pay for event of an adequate volume of fuel and cause the tank to be maintained and repaired electrical power failure, at Tenant’s 's sole cost and expense, which shall consist of a fuel tank in the twenty-ninth (29th) floor and a 200 Kw diesel generator on the roof of the Building at a location reasonably approved by Landlord and constructed in accordance with Landlord's reasonable requirements and Tenant will hire a structural engineer to supervise the construction thereof. Said generator shall be supplied fuel from the existing five thousand (5,000) gallon tank located in the cellar of the Building, and maintained by Landlord, and a 1 1/4 inch fuel line running therefrom to a 275 gallon existing "day" tank on the roof of the Building which tank and any pumps Landlord will maintain and refuel with No. 2 diesel fuel, as needed, which day tank currently feeds Landlord's generator, provided, that Tenant shall have the right to refuel said tank if Landlord fails to refuel said tank in which event Landlord shall charge or credit Tenant based upon a flow meter installed by Tenant at its expense. Tenant's generator will be fueled from Landlord's 275 gallon day tank by fuel pumps and valves installed by Tenant, at Tenant's expense. Plans for any such pumps and/or valves shall be prepared by Tenant's mechanical engineers and shall be subject to Landlord's reasonable approval, which approval will not be withheld or delayed. Tenant shall have the right to test such fuel supply system from time to time, at Tenant's expense. Landlord shall not be liable in any way for any change, failure, inadequacy or defect any such tank or in the supply or character of such fuel source and the supply thereof to Tenant.

Electricity. Tenant represents and warrants to Landlord that: (a) Landlord, in its sole discretion, will either (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power furnish electricity to the Premises sufficient to operate normal lighting and all business machines approved by Landlord (exclusive, however, of Tenant’s present and future 's electrical needs for computers and similar equipment having special power or environmental requirements), charging Tenant's Electrical Charge for such service, to be paid by Tenant in equal monthly installments on the same day in each month that rental payments are due and payable hereunder (but in no event shall Landlord be provided exclusively by obligated to furnish electricity to supply a requirement in excess of 3.0 xxxxx per square foot of the Substation; usable area of the Premises), or (ii) Tenant consumes not more than three (3) Mva of electrical power from elect, at any time during the Substation Term, to cause electricity furnished to the Premises to be separately metered, in which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed event all charges for electricity consumed on the Premises will be billed directly to, and fully paid for by, Tenant. The cost of any such electrical meter as well as the power platform adjacent cost of installation, repair and replacement shall be borne by Xxxxxx, who shall reimburse Landlord for the cost thereof within 30 days after receipt of written demand therefor. (b) Whether or not Landlord is furnishing electricity to the Building (“Platform Space”)Tenant, has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) if Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation shall require electricity in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or quantity which is to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises be furnished as provided abovein Section 9.5(a), Tenant agrees that: shall, upon demand, reimburse Landlord for the cost of such excess electricity. Further, if (i) in Landlord's judgement, Landlord's facilities are inadequate for such excess requirements, or (ii) such excess shall result in an additional burden on the remainder of Building's or the Lease term (Office Park's utility systems or additional cost on account thereof, as same the case may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to be, Tenant shall, upon demand, reimburse Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consumefor all additional costs related thereto. Further, use, sell, re-sell, lease or license all power generated by the Substation if Tenant requires electricity in excess of three (3the quantity which is to be furnished as provided in Section 9.5(a) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of above, Landlord, at the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one of Tenant, will furnish and install such additional wires, conduits, feeders, switchboards and appurtenances as Landlord may require to supply such additional requirements of Tenant (if electricity therefor is then available to Landlord without affecting the Office Park or more Backup Power Generators for Landlord's plans therefor); provided that Landlord shall have no obligation to furnish any such excess electricity unless the exclusive use of Landlord same shall be permitted by applicable laws and its assignees insurance regulations and mortgagees (including without limitation any current shall not cause or future threaten permanent damage or injury to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs, or interfere with or disturb other tenants or occupants of the Building or the Office Park or interfere with Landlord's plans for the Office Park. (c) Landlord shall furnish and install the bulbs required within the Premises as of the Commencement Date. Thereafter, Landlord, at Tenant's expense, shall replace and install all ballasts, lamps and bulbs (including, but not limited to, incandescent and fluorescent) used in the Premises. All such replacements shall be of such type, color and size as are approved by Landlord. (d) Landlord shall not in any other real property owned by Landlord way be liable or its successors and assigns. Landlord recognizes and agrees that it shall pay responsible for any and all costs and expenses incurred by it (i) in the useloss, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord damage or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at expense which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(csustain or incur if the quantity, character, or supply of electricity is changed or is no longer available or suitable for Tenant's requirements. (e) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but to discontinue furnishing electric power to the Premises at any time upon not less than thirty (30) days' notice to Tenant, provided Landlord shall first have arranged for the supply of power for Tenant's use to be provided to the Premises by the public utility company furnishing electric service to the Building and shall, at Tenant's expense, separately meter the Premises. If Landlord exercises such right, from and after the effective date of such termination, Landlord shall not be obligated to furnish electricity to the Premises, and Tenant shall have no obligation to fill the tank with and pay for an adequate volume any portion of fuel and cause the tank to be maintained and repaired at Tenant’s expense's Electrical Charge.

Electricity. Tenant represents and warrants Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord that: (i) shall make or cause to be made, customary arrangements with utility companies and/or public service companies to furnish electric current to the DWP power substation (the “Substation”) has been installed Premises for Tenant’s use in accordance with the LeaseDesign Standards. Tenant acknowledges that the electrical capacity of the Building is approximately 18.85 xxxxx per usable square foot and that Tenant shall only be entitled to draw its pro rata portion of such electrical capacity. In addition, if Landlord reasonably determines by the Conversion has occurreduse of an electrical consumption survey or by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures, but excluding any electricity used in the provisioning of air conditioning furnished by Landlord has no obligation pursuant to provide Sections 10.4 and 10.5 or make available otherwise used to Tenant any electrical power to the Premises and all of Tenant’s present equipment, including computer servers, located in the data rooms (which shall include the server room and future electrical needs are IT lab), telephone and shall be provided exclusively by IDF rooms located within the Substation; Premises), as determined on a per square foot of usable area basis, in excess of 120% of the number of kilowatt hours per square foot of usable area used to power (iiwhen fully occupied) Tenant consumes not more than three (3) Mva Landlord’s facility located at Building 970 of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building Project, as determined on an annualized basis (“Platform SpaceExcess Electrical Usage”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and then Landlord shall pay their pro-rata share so notify Tenant within 30 days of any real property taxes for the Platform Space. Landlord shall be liable for, making such determination and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally thereafter cooperate in good faith to identify, within 30 days of Landlord’s notice, the source(s) of such Excess Electrical Usage and any other common expenses incurred by either opportunities for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by reducing Tenant’s Excess Electrical usage. Tenant may require Landlord shall thereafter have an additional period of 30 days to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior take any steps necessary to Landlord occupying or using the Additional Backup Generator Spacecorrect its Excess Electrical Usage. If Thereafter, if Tenant fails has failed to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tankcorrect its Excess Electrical Usage, then Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises and to charge Tenant for such Excess Electrical Usage. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay to Landlord, from time to time, but not no more frequently than monthly, for any such Excess Electrical Usage at the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank Premises. The rate to be maintained and repaired at Tenant’s expensepaid by Tenant for submetered electricity shall include any taxes or other charges in connection therewith.

Electricity. (a) Landlord, at Landlord’s expense, subject to the provisions of this Article 9, shall make available to Tenant, at a location in the basement of the Building to be designated by Landlord. AC electric capacity at a level not less than 600 amperes, 480 volt, 3-phase, 4-wire, dedicated to Tenant represents and warrants (the “Basic Capacity”). Tenant shall pay to Landlord thatthe following amounts for the installation of the Basic Capacity: (i) the DWP power substation $126,350.00 (the “Substation”) has been installed i.e., a one-time charge equal to $350.00 multiplied by each ampere in accordance with the Leaseexcess of 239 amperes), the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid Landlord’s actual out-of-pocket costs for the power platform adjacent to installation of a bus duct on the Building seventh (“Platform Space”), has installed thereon two (27th) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants floor of the Building and any other real property owned by Landlord or its successors or assigns) connections from such bus duct to the exclusive right to consume, use, sell, re-sell, lease or license all power generated by Premises. In the Substation event that Tenant shall require electric capacity in excess of three (3) Mva; the Basic Capacity, then upon request, and (ii) subject to the availability of additional electrical capacity in the Building, as such availability shall be determined by Landlord and in its assignees and mortgagees (including without limitation any current or future tenants sole judgment, Landlord shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and any Tenant shall pay to Landlord a one-time charge equal to Landlord’s then-applicable rate per ampere for additional power, multiplied by each ampere in excess of the Basic Capacity so provided by Landlord. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the installation of all risers and other real property owned by Landlord or its successors or assigns) shall have electrical facilities and equipment required in order to deliver such additional electric power to the sole Premises, and exclusive right to sub-lease, occupy, distribute it therein. Tenant covenants that Tenant’s use and enjoy consumption of electric current shall not at any time exceed the Basic Capacity supplied to the Premises as the same may be increased from time to time pursuant to this Section 9.2, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Backup Power Generator Space Rent, at any time and from time to install time, but no more frequently than monthly, for its consumption of electrical energy at Landlordthe Premises, as provided herein. Tenant may, at Tenant’s sole cost and expense one and subject to the provisions of Article 3 and Section 5.2, install equipment to convert the AC electric power supplied by Landlord pursuant to this Article 9 to DC electric power. In the event that Tenant requires electric power in excess of the Basic Capacity and Landlord is unable or more Backup Power Generators unwilling to provide such excess electric power, then Tenant shall have the right to obtain, at its sole cost and expense, such excess electric power from the Electricity Provider (as defined in Section 9.2(d)). (b) In the event that Tenant’s total power requirements at the Premises, based on an annual review of Tenant’s consumption following the first anniversary of the Commencement Date, shall be less than the Basic Capacity, Tenant shall pay to Landlord an annual sum equal to the fee, if any, which Landlord is obligated to pay to the Electricity Provider, commonly known as a “use it or lose it” fee, for the exclusive use availability of such capacity, presently payable by Landlord and its assignees and mortgagees (including without limitation any current or future tenants to the Electricity Provider at the rate of $12.50 per unused ampere per annum. Further, if as of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it third (i3rd) in the use, operation and improvement anniversary of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. FurthermoreCommencement Date, Tenant shall continue to pay real property taxes for require less than the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tankBasic Capacity, then Landlord shall have the right but not to reduce the obligation level of electric power supplied to fill the tank with Premises to Tenant’s actual power requirements as reasonably determined by Landlord. (c) The calculations and pay determinations of the charges for an adequate volume electric energy consumed by Tenant shall be based on the readings of fuel and cause the tank one or more submeters to be maintained and repaired installed by Landlord at Tenant’s sole expense, applied to Landlord’s Electricity Cost, as defined in Section 9.2(d). Tenant shall pay for electricity consumed as determined thereunder as measured and calculated from time to time by such submeter or submeters, plus Landlord’s charge for overhead and supervision, which charge shall not exceed seven percent (7%) of such payment by Tenant. In addition, Tenant shall pay to Landlord, as Additional Rent (i) the fees and expenses of Landlord’s electrical contractor for services rendered by such contractor in the maintenance and repair of such submeter(s), and (ii) the amount of any taxes imposed by any Governmental Authority on Landlord’s receipts from the sale of electricity to Tenant. In the event that more than one submeter is used to measure Tenant’s consumption of electricity in the Premises. Tenant shall be billed only on the basis of the “totalized” demand, i.e., as though a single meter were measuring such usage.

Electricity. (a) Electricity shall be provided to full floors of the Premises by way of a direct meter, the cost of installing which shall be borne by Landlord. For purposes hereof, the portions of the Initial Premises located on the fourth (4th) and fifth (5th) floors of the Building, respectively, are deemed to be full floors. (b) Tenant represents shall obtain electrical energy for full floors of the Premises directly from the public utility furnishing electric service to the Building and/or one or more other electricity providers reasonably selected by Landlord (the “Electricity Provider”). Tenant shall make its own arrangements with the Electricity Provider for the furnishing of electricity to full floors of the Premises, and warrants the costs of such service, including any deposits or fees, shall be paid by Tenant directly to the Electricity Provider. Such electricity may be furnished to Tenant by means of the then existing electrical facilities serving the Premises at no cost to Tenant, to the extent that the same are suitable and safe for such purposes. (c) Landlord that: shall make electricity available to the Premises at a level sufficient to accommodate a demand load of six (6) xxxxx per xxxxx square foot per full floor of the Premises, exclusive of base Building HVAC, as more particularly set forth (and except as otherwise expressly provided) in the Work Letter. Tenant covenants that Tenant’s use and consumption of electricity shall not at any time exceed an amount equal to a demand load of six (6) xxxxx per gross square foot for any floor of the Premises. Notwithstanding the foregoing, Tenant may elect to install one supplemental tap on any floor of the Premises in order to enable Tenant to draw a demand load of up to eight (8) xxxxx per xxxxx square foot on such floor, provided that (i) the DWP power substation average electrical load across all floors of the Premises shall at no time exceed six (6) xxxxx per gross square foot, (ii) Tenant installs such tap on or prior to the “Substation”Rent Commencement Date and as part of Tenant’s Initial Alterations, (iii) such tap shall be deemed to be a Non-Standard Alteration which Landlord (in Landlord’s sole discretion) may require Tenant to remove in accordance with Section 4.4(a) hereof on or prior to the date which is the earlier to occur of (x) the Expiration Date and (y) the date on which Tenant shall no longer be in Actual Occupancy of the floor of the Premises on which such tap is installed and (iv) if Tenant shall desire to sublease the floor on which such tap is installed, Tenant shall indicate in the applicable Offer Notice that such tap has been installed on such floor. Tenant shall, upon notice from Landlord that Landlord’s electrical engineer has determined, in its reasonable judgment, that Tenant shall be in violation of the provisions of this Section 10.2(c), promptly adjust the use of Tenant’s electrical equipment so as to cause such average electrical load not to exceed six (6) xxxxx per xxxxx square foot. For purposes hereof “gross” square feet shall be consistent with the REBNY standard method of measurement for gross square footage, the estimates for which are indicated on Exhibit A-2 attached hereto. In addition to the electricity to be provided by Landlord to Tenant pursuant to this Section 10.2(c) and subject to the conditions set forth in this Section 10.2(c), Tenant, at Tenant’s expense, shall have the right to install additional electric risers from the Building’s main distribution switchboards to the Premises through the electric riser locations. Tenant’s right to install additional electric risers shall be subject to Landlord’s reasonable approval, it being agreed that Landlord’s reasonable reservation of shaft space and pathways for future needs shall be reasonable grounds for disapproval. (d) Notwithstanding anything to the contrary contained herein, except to the extent due to Landlord’s gross negligence or willful misconduct, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur as a result of the unavailability of or interruption in the supply of electricity to the Premises or a change in the quantity or character or nature of such current and, except as otherwise set forth in Section 6.4 of this Lease, such change, interruption or unavailability shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Landlord Party, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise. (e) Landlord shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Premises, at Tenant’s sole cost and expense, provided that Landlord’s charges therefor shall be in accordance with Landlord’s reasonable rates in effect from time to time, and not materially in excess of the rates for similar materials and services provided by landlords in other First Class Midtown Office Buildings. Tenant shall have the right to furnish and replace its own light bulbs; provided, however, that with respect to all high voltage light fixtures in the Premises, Tenant shall furnish such light bulbs for Landlord to install and replace as provided in this Section 10.2(e). All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord’s property upon the expiration or sooner termination of this Lease. (f) Subject to the provisions of this Lease (including, without limitation, Article 4 hereof), Tenant shall have the Conversion has occurredright from time to time during the Term, at Tenant’s sole cost and expense, to connect the Premises to the Building’s standby generator and, in connection therewith, (i) Tenant may request that Landlord has no obligation to provide or make available to Tenant any electrical an amount equal to up to one hundred twenty-five (125) kilowatts of emergency power from the Building’s standby generator (in which event Landlord shall be obligated to make such emergency power available to the Initial Premises to the extent such emergency power is then available and all subject to Landlord’s right to reasonably reserve such emergency power for the future needs of Tenant’s present and future electrical needs are and shall be provided exclusively by other tenants in the Substation; Building), (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has shall install a maximum output of not less than six (6) Mva; transfer switch and all necessary cabling and distribution equipment and (iii) Landlord (or, at Landlord’s option, Tenant), at Tenant’s sole cost and expense, shall install a disconnect switch and all necessary metering devices to measure Tenant’s consumption of energy power. Tenant has constructed agrees that the transfer switch that Tenant shall install shall be a Landlord specified ASCO transfer switch. Tenant shall maintain in good condition any such connection that Tenant (or Landlord, on Tenant’s behalf) makes to the Building’s standby generator. Tenant agrees that Tenant’s connection to, or use of, the Building’s standby generator shall not interfere with Landlord’s ability to derive emergency power therefrom. In addition, at all times, Tenant shall fully cooperate with Landlord and fully paid shall abide by such reasonable regulations and requirements which Landlord may prescribe for the power platform adjacent to proper functioning and protection of the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and Building’s standby generator. Any damages resulting from the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to use by Tenant of the two (2) Backup Power Generators (Building’s standby generator shall be borne by Tenant. In consideration of the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present provision of future right to consume electrical emergency power to be generated by Tenant, commencing on the Substation in excess date of three (3) Mva currently used by connection Tenant or install additional Backup Power Generators in the shall pay to Landlord as Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: Rent (i) for the remainder one thousand dollars ($1,000) per kilowatt per year (which amount shall be prorated with respect to any partial years) not later than thirty (30) days following Tenant’s receipt of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation Landlord’s invoice and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; demand therefor and (ii) $1.50 per kilowatt per hour, based on actual kilowatt hours of emergency electrical power used. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have no liability to Tenant if the sole and exclusive right Building’s standby generator fails to sub-lease, occupy, use and enjoy provide emergency generator power to Tenant or if the Additional Backup Power Generator Space and Building’s standby generator damages Tenant’s systems or property (except in either case (but subject to install at the terms of Section 35.13 hereof) to the extent resulting from Landlord’s sole cost gross negligence or willful misconduct); provided, that if the Premises is not connected to the Building’s standby generator, Landlord shall hold Tenant harmless from any direct damage and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and reasonable expenses incurred by it (i) in the use, operation and improvement Tenant as a result of the Additional Backup Power Generator Space and (ii) in order operation of such standby generator to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless extent resulting from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder gross negligence or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank willful misconduct in accordance with and pay for an adequate volume subject to the provisions of fuel and cause the tank to be maintained and repaired at Tenant’s expenseArticle 29 hereof.

Electricity. (a) From and after the date hereof, the second (2nd) sentence of Section 9.2(a) of the Lease shall be deleted and replaced with the following: In the event that Tenant represents and warrants to Landlord that: shall require electric capacity in excess of the capacity described in clauses (i) the DWP power substation and (ii) above (the “SubstationBasic Capacity”) has been installed ), then upon request, and subject to the availability of additional electrical capacity in accordance with the LeaseBuilding, as determined by Landlord in its sole judgment, and provided no Event of Default exists, Landlord shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and Tenant shall pay to Landlord a one-time charge equal to Landlord’s then-applicable rate per ampere for additional power, multiplied by each ampere in excess of the Basic Capacity so provided by Landlord. (Landlord and Tenant agree that as of July 18, 2005, the Conversion has occurredBasic Capacity is as follows: 1,600 amperes allocated to the Suite 518 portion of the Premises, Landlord has 200 amperes allocated to the Suite 536 portion of the Premises, and 800 amperes allocated to the Suite 1533 portion of the Premises.) In addition, Tenant, at Tenant’s sole cost and expense, provided no obligation Event of Default exists and upon not less than ten (10) days’ prior written notice to provide or make available Landlord, may reallocate the Basic Capacity among the various portions of the Premises. Tenant shall be solely responsible, at Tenant’s expense, for the installation of all risers, feeders and other electrical facilities and equipment required in order to Tenant any electrical deliver such additional electric power to the Premises and all and/or to reallocate the Basic Capacity, and, in either case, to distribute it therein. As of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva date of electrical power from the Substation First Amendment of Lease which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent added Article 33 to the Building Lease the rate per ampere for additional power is $[*]. (“Platform Space”)b) From and after the date hereof, has installed thereon two (2Section 9.2(b) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, deleted and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection replaced with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense.following:

Electricity. 41.01 Tenant represents acknowledges and warrants agrees that electric service shall be supplied to Landlord that: (i) the DWP power substation (the Premises on a “Substation”) has been installed submetered basis” in accordance with the Leaseprovisions of this Article 41. Electricity and electric service, as used herein, shall mean any element affecting the Conversion has occurredgeneration, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service. Landlord has no obligation shall make electricity available at all times (subject to provide or make available to Tenant any electrical power Unavoidable Delays, repairs, maintenance and shutdowns as is reasonably required pursuant to the terms hereof) during the Term at the combined electrical closets servicing the Premises and for all purposes (exclusive of Tenant’s present and future electrical needs are and shall be provided exclusively by electricity required for the Substation; (ii) Tenant consumes not more than three (3) Mva operation of electrical power from the Substation which has Building HVAC System serving the Premises), with a maximum output capacity of not less than six (6) Mvawxxxx demand load per usable square foot of the Premises (the “Capacity”) which shall be distributed by Tenant at its sole cost and expense (unless otherwise set forth on Exhibit D-1 and Exhibit D-2 annexed hereto, in which case such distribution shall be done as part of Landlord’s Work). Landlord shall not unreasonably withhold its consent to a request by Tenant for a reasonable amount of additional electrical capacity; provided, that (i) there exist in Landlord’s judgment appropriate reserves to serve the current and anticipated future needs of Landlord and the other tenants of the Building, (ii) Landlord receives a load letter from Tenant’s engineer certifying that Tenant requires such additional electrical capacity and that the load is not too excessive for the Building and its electrical equipment and (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there Landlord is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used reimbursed by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion within thirty (30) days of the Additional Backup Power Generator Space. As partial consideration Landlord’s request therefor for Landlord’s agreement actual out-of-pocket cost of providing such additional electrical capacity to accept Tenant. If Landlord grants Tenant’s request for such additional electrical capacity and Tenant requires that Landlord supply a quantity of such additional electrical capacity to a particular location that exceeds the surrender capacity of the Must-Take Building’s bus ducts at that location, Landlord shall do so at Tenant’s expense. 41.02 If and so long as Landlord provides redistributed electricity to the Premises on a submetered basis (which submeter shall be installed by Landlord as provided abovepart of Landlord’s Work), Tenant agrees thatthat the charges for such redistributed electricity shall be computed in the manner hereinafter described, to wit, a sum equal to the product of (i) Landlord’s actual cost for such electricity (“Landlord’s Cost”) multiplied by 104%. Where more than one (1) meter exclusively measures the service of Tenant in the Building, the service rendered through each meter shall be aggregated and billed as if measured on one meter, in accordance with the rates herein specified. 41.03 Landlord’s Cost shall be determined as follows: (i) the total dollar amount billed to Landlord by the public utility and/or service providers supplying electric service to the Building for the remainder of Building’s consumption for the Lease term relevant billing period for energy (as same may kilowatt hours, i.e., “KWH”) shall be extended or renewed) it shall not consume or use more than three (3) Mva of power from divided by the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of total kilowatt hours consumed by the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right for that billing period, carried to consumesix decimal places, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) the total dollar amount billed to Landlord and its assignees and mortgagees by the public utility and/or service providers supplying electric service to the Building for the relevant billing period for demand (including without limitation any current or future tenants kilowatts, i.e., “KW”) for the Building’s consumption for such billing period, shall be divided by the total demand (kilowatts) of the Building for such billing period, carried to six decimal places (and the Landlord’s Cost, so defined, for KWH and for KW shall be applied to Tenant’s electricity consumption and demand, KWH and KW, for the relevant billing period). 41.04 Landlord shall install submeters at Landlord’s cost and expense to measure Tenant’s electricity consumption, KWH and KW. Bills therefor shall be rendered by Landlord monthly, and the amount, as computed from a meter, shall be deemed to be, and shall be paid as Additional Rent. If any tax is imposed upon Landlord’s receipt from the resale of electrical energy to Tenant by any Federal, State or Municipal authority, Tenant covenants and agrees that, where permitted by law, Tenant’s share of such taxes based upon its usage and demand shall be passed on to, and shall be included in the bxxx of, and shall be paid by Tenant to Landlord. 41.05 If all or part of the meters or system by which Landlord measures Tenant’s consumption of electricity (the “Submetering System”) shall not be operable or malfunction, Landlord shall promptly, at Tenant’s expense (unless same is covered under a warranty for said Submetering System), repair (or replace, if necessary) the Submetering System and, pending completion of such repair (a) Landlord, through an independent, reputable electrical consultant selected by Landlord, shall estimate the readings that would have been yielded by said Submetering System as if such system was operable or the malfunction had not occurred, as the case may be, on the basis of Tenant’s prior usage and demand and the lighting and equipment installed within the Premises and (b) Landlord shall utilize such estimated readings and the bxxx rendered based thereon shall be binding and conclusive on Tenant unless, within one hundred eighty (180) days after receipt of such a bxxx, Tenant challenges, in writing to Landlord, the accuracy or method of computation thereof. If, within thirty (30) days of Landlord’s receipt of such a challenge, the parties are unable to agree on the amount of the contested bxxx, the controlling determination of same shall be made by an independent electrical consultant agreed upon by the parties or, upon their inability to agree, as selected by the American Arbitration Association. The determination of such electrical consultant shall be final and binding on both Landlord and Tenant and the expenses of such consultant shall be divided equally between the parties. Pending such controlling determination, Tenant shall timely pay Additional Rent to Landlord in accordance with the contested bxxx. Tenant shall be entitled to a refund from Landlord within twenty (20) days of the determination, or shall make additional payment to Landlord within twenty (20) days of the determination, in the event that the electrical consultant determines that the amount of a contested bxxx should have been other than as reflected thereon. 41.06 Landlord shall not be liable to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, except to the extent caused by the negligence or willful misconduct of Landlord. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or wiring installation (which is currently capable of handling the Capacity). Any riser or risers to supply Tenant’s electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, if, in Landlord’s reasonable judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Landlord reserves the right, if required by Applicable Laws, to terminate the furnishing of electricity, upon not less than ninety (90) days’ written notice to Tenant and subject to the last sentence of this Section 41.06, in which event Tenant may make application directly to the public utility and/or other providers for Tenant’s entire separate supply of electric current and Landlord shall permit its wires and conduits and any other real property owned by Landlord existing electrical facilities serving the Premises as may be necessary, to the extent available and safely capable, to be used for such purpose, but only to the extent of Tenant’s then authorized Capacity, without charge. Any meters, risers, or its successors other equipment or assigns) connections necessary to enable Tenant to obtain electric current directly from such utility and/or other providers shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install be installed at LandlordTenant’s sole cost and expense one or more Backup Power Generators for Tenant may utilize the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) existing meter measuring electricity in the usePremises. Only rigid conduit or electricity metal tubing (EMT) will be allowed. Once Tenant is receiving electricity directly from the public utility or other provider, operation Landlord may discontinue furnishing the electric current but this Lease shall otherwise remain in full force and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseeffect.

Electricity. Section 13.1 Tenant represents and warrants to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance shall at all times comply with the Leaserules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power public utility supplying electricity to the Building. The risers servicing the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva capable of electrical power from the Substation which has a maximum output of not less than furnishing six (6) Mva; xxxxx demand load of electricity per gross square foot of the Premises (iiiexclusive of base Building HVAC). Tenant’s use and consumption of electricity shall not exceed a demand load of six (6) xxxxx per xxxxx square foot of the Premises. Tenant has constructed shall not use any electrical equipment which, in Landlord’s sole reasonable judgment, would exceed such capacity of the risers serving the Premises or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord’s sole reasonable judgment, Tenant’s electrical requirements exceed such capacity, Landlord shall so notify Tenant of same, and fully paid for the power platform adjacent Tenant shall immediately cease such usage, subject to the Building provisions of this Section 13.1. Within five (“Platform Space”)5) days after receipt of such notice, has installed thereon two Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (2specifying the amount requested) Backup Power Generators be made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and the Substationamount, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assignedif any, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated made available. If Landlord shall agree to make available such additional electrical capacity and the same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion limits of the Additional Backup Power Generator Space. As partial consideration for switchgear, provided, however, that Landlord, in Landlord’s agreement to accept sole reasonable judgment (taking into consideration the surrender potential needs of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation present and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned itself), determines that such installation is practicable. Any such installation shall be made by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-leaseLandlord, occupy, use and enjoy the Additional Backup Power Generator Space and to install at LandlordTenant’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable forexpense, and shall pay at least be chargeable and collectible as additional rent and paid within ten (10) days before delinquencyafter the rendition of a xxxx to Tenant therefor. If Landlord, in Landlord’s sole judgment, shall determine not to make available such additional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord. Section 13.2 (A) Unless Landlord hereby indemnifies is required by any Requirement or by the rules and holds regulations of the public utility to have Tenant harmless obtain electricity from and against any liability in connection withthe public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.3 hereof, all taxes levied directly or indirectly against any personal property or equipment placed electricity shall be supplied by Landlord or its assignees on or about to the Platform Space. Landlord Premises and Tenant shall share equally any other common expenses incurred by either pay to Landlord, as additional rent for such service, the regular maintenance and repair of amounts (the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the “Electricity Additional Backup Power Generator Space Rent”) as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying meter or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for submeter (installed by Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensecost, for the purposes of measuring such consumption) at charges, terms and rates set from time to time during the Term by the public utility corporation serving the Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five percent (5%) of the charge therefor as Landlord’s administrative charge for overhead and supervision.

Electricity. Landlord, subject to and in accordance with the provisions of this Section 4.2, shall furnish electricity to Tenant represents for use in the Premises: (a) Landlord shall furnish the electricity which Tenant shall require in the Premises for lighting and warrants other normal and customary office uses. Tenant shall pay to Landlord, as an Additional Charge, the sum of Three and 25/100 Dollars ($3.25) per rentable square foot of the Premises per year. This sum shall be payable to Landlord that: in advance on a monthly basis together with Fixed Rent and shall represent the cost of all such electricity furnished Tenant at the Premises, based on six (6) xxxxx per usable square foot of Premises. Notwithstanding the foregoing, Landlord and Tenant acknowledge that the Supplemental HVAC Unit is connected to a submeter for measurement of the electricity consumed thereby, and, if Tenant utilizes the Supplemental HVAC Unit, Tenant shall pay for the electricity consumed thereby as measured by such submeter in the same manner as provided for Tenant’s Submeter under Section 4.2(b) below. (i) Tenant shall be entitled to elect, at Tenant’s expense (or Landlord, if Landlord reasonably determines that Tenant is using in excess of six (6) xxxxx per usable square foot of the Premises, shall be entitled to elect, at Landlord’s expense), to have Landlord furnish, install and maintain at any time during the Term one or more electrical submeters to measure Tenant’s demand and consumption with respect to the electricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In such event, Tenant, throughout the remainder of the Term following the installation of Tenant’s Submeter, shall pay Landlord, instead of the charge set forth in Section 4.2(a) above for such electricity as measured by Tenant’s Submeter at the rates set forth in, and otherwise pursuant to the provisions of, this Section 4.2(b). (ii) Tenant, for any billing period, shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building (herein called the “Utility Company”) which is charged to Landlord for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual out-of-pocket costs reasonably incurred by Landlord to a meter company or otherwise in respect of having Tenant’s Submeter read and having bills prepared and delivered based upon such readings. (c) Landlord shall not be required to furnish, and Tenant shall not install a connected load (including all of Tenant’s equipment and systems, but excluding the Building Systems) or otherwise draw, in excess of six (6) xxxxx per usable square foot of the Premises. (d) If any tax is imposed upon Landlord’s receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the charges for electricity payable pursuant to Section 4.2(a) or 4.2(b) above. (e) Tenant will at all times comply with all rules and regulations of the Utility Company, to the extent the same are applicable to its use of electric energy in the Premises. (f) Tenant’s use of electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the Premises. (g) Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power supply of electric energy to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; is temporarily interrupted, or (ii) Tenant consumes not more than three (3) Mva the quantity or character of electrical power electric service is changed or is no longer available or suitable for Tenant’s requirements, except to the extent resulting from the Substation which has a maximum output willful misconduct or negligence of not less than six Landlord or any Landlord Party. (6h) Mva; (iii) Tenant has constructed Tenant, at its option, may request Landlord to furnish and fully paid for install all replacement lighting, tubes, lamps, bulbs and ballasts required in the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”)Premises; and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided abovesuch event, Tenant agrees that: shall pay to Landlord or its designated contractor within thirty (30) days after demand therefor the then established Building-wide charges therefor of Landlord or its designated contractor, as the case may be. (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned If permitted by Landlord or its successors or assigns) the exclusive right to consumeapplicable Legal Requirements, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which timeits expense, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right at any time and from time to time during the Term to either contract for electric service and/or supply from a different Utility Company or Utility Companies (each herein called an “Alternate Service Provider”) or continue to contract from the existing Utility Company and in either case subject to the provisions of this Section 4.2(b) but not at any additional cost to Tenant. Tenant shall cooperate with Landlord, any then-existing Utility Company and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the obligation Utility Company, and any Alternate Service Provider reasonable access (upon reasonable prior notice from Landlord) to fill the tank Building’s electric lines, feeders, risers, wiring and other electrical equipment, if any, located within the Premises. In so accessing the Premises, Landlord shall, and shall endeavor to cause any Alternate Service Provider to, use commercially reasonable efforts to minimize interference with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensebusiness operations in the Premises.

Electricity. Tenant represents Landlord shall furnish to Tenant, twenty-four (24) hours per day, seven (7) days per week, sufficient electrical current for routine and warrants normal lighting and typical office equipment and machinery found in other Class A commercial office buildings of comparable quality in the submarket in which the Project is located (“Comparable Buildings”) (such as computers, copiers, servers, facsimile machines and similar items), such electric current to Landlord that: be in amounts no less than one (i1) watt per square foot connected load of the DWP power substation Demised Premises (for lighting), and five (5) xxxxx per square foot connected load of the Demised Premises (for all other purposes, but exclusive of HVAC Services), and otherwise comply with the requirements set forth in Landlord's Work (the “SubstationMinimum Electrical Standard”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to ). Tenant any electrical power shall have access to the electrical panels located in or serving the Demised Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by throughout the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator SpaceTerm. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not to require that one or more separate meters or sub-meters be installed to record the obligation consumption of electricity by Tenant in the Demised Premises. The cost of any such meters and the installation, maintenance and repair thereof shall be paid by Tenant. If Tenant's use of electricity, exclusive of HVAC Services, is determined to fill exceed the tank with greater of (i) the Minimum Electrical Standard, and (ii) the average per square foot consumption of the other tenants in the Office Component (such greater amount being the “Electrical Threshold”), Tenant shall pay to Landlord, as Additional Rent, for an adequate volume such portion of fuel Tenant's actual electrical consumption that exceeds the Electrical Threshold, at the rates charged for such service by the local public utility company and cause the tank to be maintained and repaired at Tenant’s expensewithout xxxx-up by Landlord.

Electricity. Landlord shall provide to the Premises adequate electrical wiring and facilities and power for normal general office use twenty-four (24) hours per day, seven (7) days per week, and consistent with the Consumption Standard. As used herein, the “Consumption Standard” shall mean five (5) xxxxx per usable square foot of the Premises for connected electrical load of 120/208 voltage power equipment and one (1) and three-tenths (1.3) xxxxx per usable square foot of the Premises for connected electrical load for 277/480 voltage power equipment, calculated on an average annualized basis for the Business Hours described in Section 6.1.1 above, which electricity consumption shall be defined without regard to electricity utilized by the Building’s base building equipment such as the Base Building HVAC System and Building elevators. Tenant’s use of electricity shall never exceed the electrical capacity of the Building or the Building’s electrical equipment, feeders or risers serving the Premises, which electrical capacity of the Building and such equipment, feeders or risers shall be as set forth in the Base Building Plans (as defined in the Tenant represents Work Letter). Tenant shall pay for the actual cost of all electricity consumed at the Premises (including any Special Tenant Areas), and warrants all electricity consumed by Tenant’s Supplemental HVAC Equipment (as defined below), including without limitation, all electricity consumed within, and in excess of, the Consumption Standard. Tenant shall also pay for the costs of all gas (if any) consumed in the Cafeteria and other portions of the Premises. The amount of such electricity and gas shall be determined by separate direct meters and/or submeters to Landlord that: be installed by Tenant at Tenant’s expense (which may be paid out of (i) the DWP power substation (the “Substation”) has been installed in accordance Tenant Improvement Allowance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed respect to any person or entity any present of future right to consume electrical power to be generated by such meters and/or submeters installed during the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion initial build-out of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided aboveinitial Premises, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned tenant improvement allowance provided by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any Expansion Space, First Refusal Space or First Offer Space leased by Tenant with respect to any such meters and/or submeters installed during the initial build-out of such applicable space). The costs of such electricity and all costs and expenses incurred by it (i) in gas shall be at the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced rates charged by the Substationutility company (currently DWP and the Gas Company) to provide such electricity and gas (without mark-up or profit to Landlord), and subject to any incentives offered by such utility providers that are applicable to the Premises, the Special Tenant Areas and/or the Supplemental HVAC Equipment (which incentives shall inure to Tenant’s benefit). FurthermoreSuch costs shall be paid to Landlord within sixty (60) days after invoice (or directly to the utility company prior to delinquency, Tenant shall continue to pay real property taxes if direct meters for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Spacesuch utilities have been installed). Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds use commercially reasonable good faith efforts to work with Tenant harmless to obtain approvals from and against any liability such utility companies to install direct meters in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either most economical way to measure the consumption of such utilities for the regular maintenance Premises, Special Tenant Areas and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseSupplemental HVAC Equipment.

Electricity. Tenant represents and warrants (a) Electricity will be provided to Landlord that: (i) the DWP power substation (the “Substation”) has been installed Premises in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Base Building Specifications attached hereto as Exhibit J. The Building 37 Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by separately metered for electricity such that the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent applicable public utility company can provide electricity directly to the Building 37 Premises, and Landlord (at its sole cost) shall provide necessary submeters or other equipment or facilities to separate the cost of providing so-called “Platform Space”convenience” electricity from the electricity needed for the HVAC system and equipment serving Building 37 (which HVAC cost, without any service charge or xxxx-up, shall be an Operating Cost). The term “convenience” electricity shall refer to electricity for all lighting, plug in or hard-wired equipment, but excluding heating, ventilation and air conditioning in the Premises unless such HVAC is supplemental in addition to the base building system and is required due to Tenant’s particular use (including, without limitation, HVAC for a data center or computer room, special process rooms or conference-training centers, fitness centers or cafeterias requiring supplemental HVAC). The Building 131 Premises shall be submetered by the Landlord. In each case, Tenant shall be responsible for payment of all convenience electricity charges to the Landlord during the Term of this Lease and thereafter so long as Tenant is in occupancy of the Premises). Landlord shall permit Landlord’s existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant, in common with others, provided, subject to the provisions of Section 7.4(a), has installed thereon two Tenant’s demand requirement for convenience electricity shall not exceed the load requirements of 6 xxxxx per square foot of Premises Rentable Area (2) Backup Power Generators and the Substationor, if greater, Tenant’s existing load requirement), and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation agrees in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion its use of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; exceed such requirements and (ii) Landlord and that its assignees and mortgagees (including without limitation any current or future tenants of total connected lighting load it will not exceed the Building and any other real property owned by Landlord or its successors or assigns) shall have maximum from time to time permitted under applicable governmental regulations. In order to assure that the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space foregoing requirements are not exceeded and to install at Landlordavert possible adverse effect on the Building’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermoreelectric system, Tenant shall continue not, without Landlord’s prior consent, which consent shall not be unreasonably withheld, connect any fixtures, appliances or equipment to pay real property taxes the Building’s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, scanners, word and data processors, clocks, radios, hand-held or desk top calculators, desktop computers and customary “peripherals,” microwave ovens and other similar small electrical equipment normally found in business offices and not drawing more than 20 amps at 120/208 volts. (b) If Tenant desires to have electricity for the Additional Backup Power Generator Space until Premises furnished by a provider (an “ASP”) other than the service provider from whom Landlord or its assignees (including without limitation any current or future tenants from time to time shall purchase electricity for the common areas of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which timeBuilding, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to not enter into a mutually agreeable license any agreement consistent with this paragraph 1(c) prior any such ASP, or give such ASP permission to Landlord occupying install lines or using other equipment without the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tankprior written consent in each instance, then Landlord shall have the right but which consent will not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseunreasonably withheld.

Electricity. Section 4.1. Tenant represents and warrants to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance shall at all times comply with the Leaserules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the Conversion has occurredpublic utility supplying electricity to the Building. As of the Commencement Date, Landlord has no obligation to provide or make available to Tenant any electrical power shall furnish sufficient electricity to the Premises to enable Tenant to perform the Initial Alterations. From and all after the Substantial Completion of Landlord’s Post-Delivery Work, Landlord shall furnish through risers which are dedicated for Tenant’s present and future use a demand electrical needs are and shall be provided exclusively by load in the Substation; (ii) Tenant consumes not more than three (3) Mva Premises of electrical power from the Substation which has a maximum output of not less than six (6) Mva; xxxxx per usable square foot (exclusive of the electricity to operate the Building Systems, the Exclusive Elevators, Tenant’s AC System (including the cooling tower and the AC Units), Tenant’s Communications Equipment (as hereinafter defined) and Tenant’s Generator (as hereinafter defined), if any, but inclusive of the electricity utilized by any Supplemental AC Systems serving the Premises), and in no event shall the electrical load in the Premises exceed such capacity. In addition to such demand electrical load, Landlord shall furnish sufficient electricity to operate the Building Systems, the Exclusive Elevators, Tenant’s AC System, Tenant’s Communications Equipment and Tenant’s Generator. Provided Tenant has submitted a load letter from Tenant’s engineer reasonably acceptable to Landlord justifying the need for additional electrical capacity, Landlord shall furnish such additional electrical capacity up to an additional one (1) watt per usable square foot demand load, provided that Landlord has such capacity available at the time of such request. Tenant may distribute such electric power across the Premises as it deems necessary, provided that, at the end of the Term, Tenant, at its expense, shall perform any work to ensure that each floor of the Premises has a demand load of at least six (6) xxxxx per usable square foot. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the demand load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason. Section 4.2. (A) Electricity shall be furnished by Landlord to a pull box on each floor of the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used (i) to service all air-conditioning equipment (including Tenant’s AC System (including the cooling tower and the AC Units) and any Supplemental AC Systems) serving the Premises, (ii) to operate Exclusive Elevators, (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”)operate Tenant’s Communications Equipment, has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assignedto operate Tenant’s Generator, subleasedif any, granted but excluding the electricity to operate any other Building Systems, one hundred eight percent (108%) of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter or conveyed submeter(s) installed by Landlord, at Landlord’s expense (which submeter(s) shall be maintained, repaired and replaced by Landlord, at Landlord’s cost), at charges, terms and rates, applied to any person or entity any present of future right the monthly readings on such submeter(s), as set from time to consume electrical power to be generated time during the Term by the Substation in excess of three (3) Mva currently used public utility serving the Building based upon the average rate per kilowatt hour payable by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) Landlord for the remainder electricity furnished to the Building during the applicable billing period (computed by dividing the electricity xxxx for the applicable period by the total kilowatt hours on such xxxx), provided that the foregoing eight percent (8%) surcharge shall be applied prior to the application of the Lease term (as same may be extended or renewed) it any sales tax so that Tenant shall not consume or use more than three (3) Mva of power from be paying any surcharge on the Substation and hereby grants sales tax. Tenant shall be permitted to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consumeinstall, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at LandlordTenant’s sole cost and expense one or more Backup Power Generators for expense, a totalizing meter to aggregate the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants readings on all of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) meters in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) Premises in order to use measure the additional three (3) Mva produced by entire electrical usage within the Substation. FurthermorePremises, provided Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for engages Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay Building electrical contractor for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensesuch work.

Electricity. Landlord shall provide electricity (subject to payments by Tenant represents as described below) for building-standard overhead fluorescent office lighting fixtures, and warrants to Landlord thatequipment and accessories customary for offices which are plugged into standard outlets, where: (a) such electricity does not exceed 4.0 xxxxx per usable square foot of the Demised Premises, (b) the systems and equipment are suitable, and the safe and lawful capacity thereof is not exceeded, and (c) sufficient capacity remains at all times for other existing and future tenants, as determined in Landlord's reasonable discretion. Tenant shall pay for (i) all electricity consumed in the DWP power substation Demised Premises (including electricity for outlets, general lighting, any supplemental HVAC equipment as described in Paragraph 5.1(iii), any Additional Electric Equipment as described in Paragraph 5.1(vi), any special lighting equipment serving the “Substation”) has been installed in accordance with the LeaseDemised Premises), the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3all electricity consumed by the perimeter fan coil unit(s) Mva of electrical power from serving the Substation which has a maximum output of not less than six (6) Mva; Demised Premises, and (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata Tenant's proportionate share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord electricity consumed in connection with the use lighting of any common area corridors, the elevator lobby and restrooms, on the floor(s) of the Additional Backup Power Generator Space Building on which the Demised Premises is located (as reasonably such proportionate share is determined by Landlord in the exercise of prudent management practices based upon the tenants on such floor(s)), as follows: (A) Tenant shall pay such rates as Landlord may establish from time to time, which shall not be less than the average rate per KWH that Landlord pays, and which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant's consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. (B) For areas of the Demised Premises now or hereafter separately-metered, Tenant shall pay for amounts of electricity based on such meters, and any meter-reading charges incurred by Landlord, or which Landlord may reasonably establish from time to time. For areas of the Demised Premises not separately metered, Tenant shall pay for amounts of electricity based on the reasonable estimates of Landlord's engineer, or at Landlord's election, shall pay Landlord's cost for installing separate meters, and shall thereafter pay based on such meters. In the alternative, for areas of the Demised Premises not separately metered, but metered together with other space in the Building, Landlord may require from time to time elect to allocate the electricity charges between the Demised Premises and such other space based on the ratio of the rentable area of the Demised Premises and the rentable area of such other space; provided, if such other space is not fully occupied during any billing period, Landlord may make an adjustment in the foregoing computation such that only the average rentable square footage of such other space actually occupied during such billing period is used. (C) All such charges shall be payable as additional Rent within twenty (20) days after such billing. Landlord may reasonably estimate Tenant's electricity charges in advance, on a monthly, quarterly or other reasonable basis, and xxxx and reconcile such amounts periodically (with Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior provide any necessary credit or refund and Tenant to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseany additional amount due).

Electricity. Tenant represents and warrants (a) Landlord, at Landlord's expense, subject to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Leaseprovisions of this Article 9, the Conversion has occurred, Landlord has no obligation to provide or shall make available to Tenant any 1400 amperes (from a 1600 ampere switch), 460 volts, 3-phase, 4-wire AC electric capacity dedicated to Tenant for use in the Premises (the "Basic Capacity"). Landlord, at Tenant's expense, shall, as an Alteration, bring all such Basic Capacity from the bus duct in Landlord's electrical closet "C" on the ninth floor of the Building to the Premises and distribute it therein. In the event that Tenant shall require electric capacity in excess of the Basic Capacity, then upon request, and subject to the availability of additional electrical capacity in the Building, as determined by Landlord in its sole judgment, Landlord shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and Tenant shall be solely responsible, at Tenant's sole cost and expense for the installation of all risers and other electrical facilities and equipment required in order to deliver such additional electric power to the Premises and all of Tenant’s present and future electrical needs are distribute it therein (and shall be provided exclusively by use Landlord's designated electrical contractor to perform the Substation; (ii) Tenant consumes not more than three (3) Mva tap into the Building's electrical system in the basement of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”Building), has installed thereon two and Tenant shall pay to Landlord a one-time charge equal to Landlord's then-applicable rate per ampere (2which is currently equal to $300.00 per ampere) Backup Power Generators and the Substationfor additional power, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated multiplied by the Substation each ampere in excess of three the Basic Capacity so provided by Landlord. Tenant covenants that Tenant's use and consumption of electric current shall not at any time exceed the electric capacity required to be supplied to the bus duct on the ninth floor by Landlord from time to time pursuant to this Section 9.2, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at any time and from time to time, but no more frequently than monthly, for its consumption of electrical energy at the Premises, as provided herein. Notwithstanding the foregoing, in the event Tenant shall terminate this Lease with respect to Space B or Space C in accordance with Section 2.3, the Basic Capacity shall be reduced by an amount proportionate to the ratio of the area of such Space to the aggregate area of Spaces A, B and C. (3b) Mva currently used The calculations and determinations of the charges for electric energy consumed by Tenant shall be based on the readings of one or install additional Backup Power Generators more submeters to be installed reasonably promptly by Landlord at Tenant's sole expense, applied to Landlord's Electricity Cost, as defined in the Additional Backup Power Generator Space Section 9.2(c). Tenant shall pay for electricity consumed as determined thereunder as measured and calculated from time to time by such submeter or to usesubmeters, lease or license all or any portion plus Landlord's charge for overhead and supervision, which charge shall not exceed seven percent (7%) of the Additional Backup Power Generator Spacesuch payment by Tenant. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided aboveIn addition, Tenant agrees that: shall pay to Landlord, as Additional Rent (i) the fees and expenses of Landlord's electrical contractor for services rendered by such contractor in the remainder maintenance and repair of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consumesuch submeter(s), use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share amount of any real property taxes for imposed by any Governmental Authority on Landlord's receipts from the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair sale of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by electricity to Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense.

Electricity. 4.01. Subject to the provisions of this Article 4, Tenant represents and warrants Landlord agree that Landlord shall make available for Tenant's use within the demised premises up to six (6) xxxxx connected load per rentable square foot of electric energy (the "Electric Capacity") and Tenant will pay Landlord that: or Landlord's designated agent, as additional rent for the supplying of such electric energy, the sum of (i) an amount computed by applying Tenant's consumption and demand for the DWP power substation billing period in question (as measured by the “Substation”meter installed in the demised promises) has been installed to Landlord's Rate, as such term is hereinafter defined, plus, (iii) ten (10%) percent of such amount. As used herein, the term "Landlord's Rate" shall mean the rate classification of the public utility serving the Building pursuant to which Landlord purchases electricity for the Building. Where more than one (1) meter measures the service of Tenant in the Building of which the demised premises forms a part, the service rendered through each meter may be computed and billed separately in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and rates herein. Bills therefor shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators rendered at such times as Landlord may elect and the Substationamount, as computed from a meter, shall be deemed to be, and there is sufficient unused platform space to receive no fewer than three be paid as, additional rent within twenty (320) additional Backup Power Generators similarly sized to the two days of rendition thereof. Each electric xxxx shall be conclusive and binding upon Tenant unless, within thirty (230) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present days after receipt of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermoresuch electric xxxx, Tenant shall continue to pay real property taxes for notify Landlord that it disputes the Additional Backup Power Generator Space until Landlord or its assignees correctness of such electric xxxx (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which timehereinafter called "Tenant's Electric Dispute Notice"). After Tenant delivers Tenant's Electric Dispute Notice, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but during normal business hours and upon not less than five (5) Business Days ' (as defined in Article 22 hereof) prior written notice to Landlord, to examine (or cause its accountants to examine) such of Landlord's books and records as are relevant to the obligation calculation of the electric xxxx in question, provided such examination is commenced within fifteen (15) days after Tenant's Electric Dispute Notice is given and is concluded within twenty (20) days after said books and records are made available to fill Tenant. In making such examination, Tenant agrees; and shall cause its accountant (and such other agents of Tenant who may be accompanying the tank with accountant) to agree to keep confidential any and pay all information contained in such books and records. If any tax is imposed or Landlord's receipt from the sale or resale of electric energy or gas or telephone service to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro rate share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord. In no event shall the cost to Tenant for an adequate volume the supply of electric energy be less than 110% of the aggregate cost to Landlord for the supply of electric energy to Tenant at the demised premises (including any meter company charges, taxes, fuel adjustment charges and cause other charges and expenses to which Landlord is subject). If any meters or other equipment must be installed to furnish electric service to the tank to demised premises on a submetered basis, as herein provided, the same shall be maintained and repaired installed by Landlord at Tenant’s Landlord's expense.

Electricity. Tenant represents and warrants to Landlord that: (a) (i) The Premises are currently served by electrical infrastructure fused at (A) 1,000 amperes of 460 volt, 3-phase, 4-wire, AC electrical capacity dedicated to Tenant for the DWP power substation 8th Floor Premises (the “Substation8th Floor Premises Basic Capacity”), and (B) 1,000 amperes of 460 volt, 3-phase, 4-wire, AC electrical capacity dedicated to Tenant for the 15th Floor Premises (the “15th Floor Premises Basic Capacity”) has been installed (the 8th Floor Premises Basic Capacity and the 15th Floor Premises Basic Capacity are collectively referred to as the “Basic Capacity”). If and when Tenant leases any other portion of the Building, including, without limitation, any Expansion Space (as such term is defined in accordance with the LeaseArticle 32 hereof), the Conversion has occurred“Basic Capacity” for such other portions of the Building shall be the quantity and quality of electricity being provided by Landlord to the portion of the Building in question as of the date on which such portion of the Building is added to the Premises. In the event that Tenant shall require electric capacity in excess of the Basic Capacity, then upon request, and subject to the availability of additional electrical capacity in the Building, as determined by Landlord in its reasonable judgment, Landlord has no obligation to provide or shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and Tenant any electrical power shall pay to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has Landlord a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent one-time charge equal to the Building (“Platform Space”)Standard Rate per ampere for additional power, has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated multiplied by the Substation each ampere in excess of three (3) Mva currently used the Basic Capacity so provided by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator SpaceLandlord. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the samebe solely responsible, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense, for the installation of all risers and other electrical facilities and equipment required in order to deliver such additional electric power to the Premises, and to distribute it therein. Tenant covenants that Tenant’s use and consumption of electric current shall not at any time exceed the Basic Capacity, as increased from time to time pursuant to this Section 10.1 (the Basic Capacity, together with any increased electrical capacity provided hereunder, the “Electrical Capacity”), nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at any time and from time to time, but no more frequently than monthly, for its consumption of electricity at the Premises, as provided herein.

Electricity. (a) From and after the date hereof, the second (2nd) sentence of Section 9.2(a) of the Lease shall be deleted and replaced with the following: In the event that Tenant represents and warrants to Landlord that: shall require electric capacity in excess of the capacity described in clauses (i) the DWP power substation and (ii) above (the “SubstationBasic Capacity”) has been installed ), then upon request, and subject to the availability of additional electrical capacity in accordance with the LeaseBuilding, as determined by Landlord in its sole judgment, and provided no Event of Default exists, Landlord shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and Tenant shall pay to Landlord a one-time charge equal to Landlord’s then-applicable rate per ampere for additional power, multiplied by each ampere in excess of the Basic Capacity so provided by Landlord. (Landlord and Tenant agree that as of July 18, 2005, the Conversion has occurredBasic Capacity is as follows: 1,600 amperes allocated to the Suite 518 portion of the Premises, Landlord has 200 amperes allocated to the Suite 536 portion of the Premises, and 800 amperes allocated to the Suite 1533 portion of the Premises.) In addition, Tenant, at Tenant’s sole cost and expense, provided no obligation Event of Default exists and upon not less than ten (10) days’ prior written notice to provide or make available Landlord, may reallocate the Basic Capacity among the various portions of the Premises. Tenant shall be solely responsible, at Tenant’s expense, for the installation of all risers, feeders and other electrical facilities and equipment required in order to Tenant any electrical deliver such additional electric power to the Premises and all and/or to reallocate the Basic Capacity, and, in either case, to distribute it therein. As of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva date of electrical power from the Substation First Amendment of Lease which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid for the power platform adjacent added Article 33 to the Building Lease the rate per ampere for additional power is $225.00. (“Platform Space”)b) From and after the date hereof, has installed thereon two (2Section 9.2(b) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, deleted and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection replaced with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense.following:

Electricity. Tenant represents (a) Sublandlord shall make electricity available to the Premises at a level sufficient to accommodate a demand load of six (6) wxxxx per rentable square foot, exclusive of the Building HVAC System, and warrants Subtenant covenants that Subtenant’s use and consumption of electricity shall not at any time exceed such amount, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Subtenant shall, upon notice from Sublandlord, promptly cease the use of any of Subtenant’s electrical equipment which Sublandlord’s electrical engineer reasonably determines, causes Subtenant to Landlord thatexceed such capacity. Electrical consumption for the Premises, the Building HVAC System serving the floor, and the common areas of the floor shall be determined by meter(s) installed by Sublandlord at Sublandlord’s expense and Subtenant shall pay to Sublandlord, as additional rent, as follows: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power actual cost of metered electricity supplied to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the SubstationPremises; (ii) Tenant consumes not more than three Subtenant’s pro rata share of the actual cost of metered electricity supplied to the Building HVAC System serving the floor upon which the Premises is located (3) Mva based upon the ratio of electrical power from the Substation rentable square footage of the Premises to the rentable square footage of the entire floor upon which has a maximum output of not less than six (6) Mvathe Premises is located); (iii) Tenant has constructed and fully paid for Subtenant’s pro rata share of the power platform adjacent actual cost of metered electricity supplied to the Building common areas of the floor upon which the Premises is located (“Platform Space”), has installed thereon two (2) Backup Power Generators and based upon the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized ratio of the rentable square footage of the Premises to the two (2) Backup Power Generators (rentable square footage of the “Additional Backup Power Generator Space”entire floor upon which the Premises is located); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated by the Substation in excess of three percent (3%) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender total of the Must-Take Premises as provided above, Tenant agrees that: charges set forth in (i) – (iii) above (the “Electricity Charge”). The cost of electricity provided to Premises, the Building HVAC System serving the floor, and the common areas of the floor means an amount equal to the Actual Rate (as hereinafter defined) multiplied by the number of kilowatt-hours of electricity used for the remainder foregoing purposes during the period for which such payment is being made. Subtenant’s payments shall be made within thirty (30) days after receipt of a statement setting forth the number of kilowatt-hours used the foregoing purposes during such period, the Actual Rate, and the computation of Subtenant’s payment. For purposes hereof, the term “Actual Rate” shall mean the actual cost to Sublandlord of supplying one (1) kilowatt-hour of electricity to the Building, and such rate shall be determined by dividing (A) the total amount of the Lease term electric bill for the Building for the period(s) covered by Subtenant’s payment by (as same may be extended or renewedB) it the number of kilowatt-hours of electricity supplied to the Building during such period. Subtenant shall not consume or use more than three also pay to Sublandlord Subtenant’s share (3) Mva of power from based upon the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants ratio of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants rentable square footage of the Building and any other real property owned by Landlord or its successors or assigns) shall have Premises to the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants rentable square footage of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (ientire floor) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order cost to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance maintain and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with meter(s) serving the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expensefloor.

Electricity. (a) Tenant represents acknowledges and warrants agrees that there is no submeter or separate electrical meter in the Premises for the purpose of measuring Tenant’s use and consumption of electricity for lights and plugs in the Premises but there will be a separate checkmeter installed in the Premises or elsewhere in the Building by Landlord for the purpose of measuring use and consumption of electricity for the Supplemental HVAC System (and to the extent so designated by Landlord from time to time such checkmeter may also measure use and consumption of electricity for any equipment of Tenant, including, without limitation, computers and other equipment having special power or environmental requirements). Tenant shall make direct payment to Landlord that: (i) the DWP power substation (the “Substation”) has been installed in accordance with the Lease, the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; (iii) Tenant has constructed and fully paid Original Electrical Factor for the power platform adjacent operation of lights and plugs in the Premises, as additional rent as provided in Section 3.1 of this Lease. Tenant shall pay Landlord all charges for all checkmetered electricity monthly, within twenty (20) days after being billed therefor by Landlord. Landlord shall permit Landlord’s existing wires, pipes, risers, conduits and other electrical equipment of Landlord to be used for the purpose of providing electrical service to the Building (Premises. Tenant covenants and agrees that its electrical usage and consumption will not disproportionately “Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume siphon off” electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration service necessary for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided above, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future other tenants of the Building and any other real property owned that its total connected load will not exceed the maximum load from time to time permitted by Landlord or its successors or assigns) applicable governmental regulations nor the exclusive right to consume, use, sell, re-sell, lease or license all power generated by design criteria of the Substation existing Building electrical capacity and that in no event shall such total connected load be in excess of three (3i) Mva; 6.0 xxxxx per square foot of the usable area of the Premises (exclusive of the computer room and system administration room (the “SysAdmin Room”) adjacent to the computer room and related thereto, as such rooms are shown on Exhibit B-1 (collectively such computer room and SysAdmin Room are called by “Computer-Admin Rooms”)) or (ii) Landlord the 400 AMP 3 phase dedicated service to the Computer-Admin Rooms described in Exhibit B (or any upgrade, alteration or addition to such 400 AMP 3 phase dedicated service which is (x) installed and its assignees and mortgagees (including without limitation any current or future tenants paid for by Tenant in accordance with the provisions of Section 5.2 of the Building Lease and any other real property owned (y) approved by Landlord in accordance with Section 5.2 of the Lease). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant’s requirements due to a factor or cause beyond Landlord’s control. Tenant shall purchase and install all lamps, tubes, bulbs, starters and ballasts (except that prior to the Commencement Date, Landlord shall, at its successors expense, initially supply and install (if not present therein) operable lamps, tubes, bulbs, starters and ballasts in the Premises lighting system). Tenant shall bear the cost of repair and maintenance of any electric or assignsgas meter used or to be installed in (or serving) shall have the sole and exclusive right Premises. (b) In order to sub-lease, occupy, use and enjoy insure that the Additional Backup Power Generator Space foregoing requirements are not exceeded and to install at avert possible adverse affect on the Building’s electrical system, Tenant shall not, without Landlord’s sole cost and expense one prior consent, connect any fixtures, appliances or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it equipment (i) located outside the Computer-Admin Rooms to the Building’s electrical distribution system which operates on a voltage in the use, operation and improvement excess of the Additional Backup Power Generator Space and 120 volts nominal or (ii) located within the Computer-Admin Rooms which operates on or requires more than the 400 AMP 3 phase dedicated service to the Computer-Admin Rooms described on Exhibit B (or any upgrade, alteration or addition to such 400 AMP 3 phase dedicated service which is (x) installed and paid for by Tenant in order to use accordance with the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants provisions of Section 5.2 of the Building Lease and any other real property owned by Landlord or its successors or assigns(y) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used approved by Landlord in connection accordance with the use Section 5.2 of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator SpaceLease). If Landlord shall consent to the connection of any such fixtures, appliances or equipment, all additional risers or other electrical facilities or equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant fails to store a volume of fuel sufficient for upon Landlord’s use demand as permitted hereunder or fails Additional Rent. From time to maintain or repair time during the fuel tankTerm of this Lease, then Landlord shall have the right but not the obligation to fill the tank with and pay for have an adequate volume electrical consultant selected by Landlord make a survey of fuel and cause the tank to be maintained and repaired at Tenant’s expenseelectric usage, the result of which shall be conclusive and binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (a), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the costs of such survey. (c) Landlord and Tenant acknowledge that the 400 AMP 3 phase dedicated service to the Computer-Admin Rooms does not serve the Supplemental HVAC System.

Electricity. (a) Landlord shall furnish to Tenant represents at the electric closet servicing each floor of the demised premises by means of Building system feeders, risers and warrants wiring such electric energy as Tenant shall from time to Landlord that: time require for the conduct of Tenant's business at the demised premises not exceeding, however, the following electric capacity (herein called the "Provided Capacity"): (i) eight (8) xxxxx demand load per rentable square foot on the DWP power substation seventh (7th) floor (exclusive of electric for the “Substation”air-conditioning equipment servicing such floor); (ii) has been installed ten (10) xxxxx demand load per rentable square foot on the eighth (8th) floor (exclusive of electric for the air conditioning equipment servicing such floor); and PARK AVE ARMORY/NYLPC - LEASE PT I (iii) eight and one-half (8.5) xxxxx demand load per rentable square foot on the portion of the ninth (9th) floor comprising the demised premises (exclusive of electric for the air-conditioning equipment servicing such floor). Such electricity shall be available for distribution through the demised premises at Tenant's cost and expense, and Landlord shall give Tenant reasonable access to areas on the 9th floor outside of the portion of the demised premises located thereon to perform such distribution. Tenant shall be permitted to reallocate among the floors of the demised premises the aggregate amount of the Provided Capacity in amounts of electric capacity allocable to each floor which are different from the allocation set forth in the foregoing clauses (i), (ii) and (iii) provided that any and all work necessary to effectuate such different allocations shall be Alterations to be performed by Tenant, at Tenant's sole cost and expense, in accordance with the Leaseprovisions of this Lease including without limitation Article 6 hereof but Landlord will not unreasonably withhold or delay its consent thereto even though such work affects a Building System. Landlord covenants and represents that the feeders, risers and wiring serving the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power demised premises shall be capable of supplying the Provided Capacity to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by demised premises in the Substation; allocations set forth in clauses (i), (ii) Tenant consumes not more than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; and (iii) above, subject to the provisions of Schedule C annexed hereto. Submeters will be installed by Landlord prior to the date that Tenant has constructed and fully paid takes occupancy of the demised premises for the power platform adjacent conduct of its business to measure Tenant's consumption of electric energy in the demised premises. (b) Tenant agrees that electric current will be supplied by Landlord to the demised premises and Tenant will pay Landlord or Landlord's designated agent, as additional rent for the supplying of electric current, the amount computed in accordance with the provisions of this Section 4.01, which amount shall be determined based on Tenant's actual consumption of electricity at the demised premises as measured by submeters. The amount to be charged to Tenant by Landlord per "KW" and "KWHR" pursuant to this Article for electricity consumed within the demised premises, shall be 103% of the amount at which Landlord from time to time purchases each KW and KWHR of electricity for the same period from the utility company, which amount (herein, as adjusted from time to time, called "Landlord's Rate") shall be determined by dividing the cost established by said utility company (averaged separately for KWs and KWHRs) during each respective billing period of such utility company by the number of KWs and KWHRs consumed by the Building (“Platform Space”)appearing on the utility company invoice for such period. In no event shall the additional rent billed to Tenant pursuant to this Article 4 for submetered electricity supplied to the demised premises be less than Landlord's actual PARK AVE ARMORY/NYLPC - LEASE PT I cost therefor. Where more than one meter measures the service of Tenant, has installed thereon two (2) Backup Power Generators the service rendered through all such meters shall be aggregated and treated as if there were only one meter and billed in accordance with the rates herein. Bills therefor shall be rendered at such times as Landlord may elect but not more frequently than once a month and the Substationamount shall be deemed to be, and there is sufficient unused platform space to receive no fewer than three (3) be paid as, additional Backup Power Generators similarly sized rent. During the period of Tenant's construction occurring prior to the two (2) Backup Power Generators (the “Additional Backup Power Generator Space”); and (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present installation of future right to consume electrical power to be generated by the Substation in excess of three (3) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space or to use, lease or license all or any portion of the Additional Backup Power Generator Space. As partial consideration for Landlord’s agreement to accept the surrender of the Must-Take Premises as provided abovemeters, Tenant agrees that: (i) for the remainder of the Lease term (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants will pay to Landlord and its assignees and mortgagees a flat charge for electricity of seventy cents (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns$0.70) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assignsper rentable square foot per annum. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord Such charge shall be liable for, and shall pay at least payable monthly as additional rent hereunder within ten (10) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed after demand therefor by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expense.

Electricity. Landlord shall furnish sufficient electric power at 277 volts, single phase, to supply tenant lighting load permitted by the State of California, Title 24 energy code (1.5 xxxxx per square foot of Usable Area) and sufficient power at 120/208 volts, three phase, four wire, for 1.5 xxxxx connected load per square foot of Usable Area for office power. If specifically approved by Landlord, additional power may be made available at 480 volts, three phase, for additional power and/or air-conditioning requirements up to the limit of available building power taking into account potential needs of other tenants and a reasonable safety factor. The cost of equipment and installation for transformers, panel boards, bus duct taps, feeders, and other items required for the utilization of such additional power shall be paid by Tenant. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant represents and warrants to Landlord that: shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) the DWP power substation create a Design Problem (the “Substation”) has been installed as defined in accordance with the LeaseParagraph 8.1(c), the Conversion has occurred, Landlord has no obligation to provide or make available to Tenant any electrical power to the Premises and all of Tenant’s present and future electrical needs are and shall be provided exclusively by the Substation; (ii) Tenant consumes not more have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than three (3) Mva of electrical power from the Substation which has a maximum output of not less than six (6) Mva; their design loads), or (iii) Tenant has constructed and fully paid result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) xxxxx per square foot of Rentable Area for power platform adjacent and lighting within the Premises per month (other than electric current for Building HVAC) is referred to the Building (“Platform Space”), has installed thereon two (2) Backup Power Generators and the Substation, and there is sufficient unused platform space to receive no fewer than three (3) additional Backup Power Generators similarly sized to the two (2) Backup Power Generators (herein as the “Additional Backup Power Generator Space”); Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Direct Expenses and in addition to payments of Direct Expenses pursuant to Section 5.1) for the cost of electric current (iv) Tenant has not assigned, subleased, granted or conveyed to any person or entity any present of future right to consume electrical power to be generated at rates no higher than that charged by the Substation in excess of three (3public utility providing similar service based on average annual utility rates) Mva currently used by Tenant or install additional Backup Power Generators in the Additional Backup Power Generator Space Premises which exceeds the Standard Consumption Amount. Landlord may install a submeter on each floor or to use, lease or license all or any portion floors of the Additional Backup Power Generator SpacePremises to determine the actual amount of electric current which Tenant is utilizing from time to time. As partial consideration If such submeter indicates that Tenant’s usage of electric current for Landlord’s agreement power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to accept all tenants in the surrender Building through Direct Expenses is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of the Must-Take Premises as provided above, Tenant agrees that: (ipart of Direct Expenses) for the remainder actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the Lease term electric current so consumed, on a monthly basis within thirty (as same may be extended or renewed) it shall not consume or use more than three (3) Mva of power from the Substation and hereby grants to Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) the exclusive right to consume, use, sell, re-sell, lease or license all power generated by the Substation in excess of three (3) Mva; and (ii) Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) shall have the sole and exclusive right to sub-lease, occupy, use and enjoy the Additional Backup Power Generator Space and to install at Landlord’s sole cost and expense one or more Backup Power Generators for the exclusive use of Landlord and its assignees and mortgagees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors and assigns. Landlord recognizes and agrees that it shall pay for any and all costs and expenses incurred by it (i) in the use, operation and improvement of the Additional Backup Power Generator Space and (ii) in order to use the additional three (3) Mva produced by the Substation. Furthermore, Tenant shall continue to pay real property taxes for the Additional Backup Power Generator Space until Landlord or its assignees (including without limitation any current or future tenants of the Building and any other real property owned by Landlord or its successors or assigns) begin to use the same, at which time, Tenant and Landlord shall pay their pro-rata share of any real property taxes for the Platform Space. Landlord shall be liable for, and shall pay at least ten (1030) days before delinquency, and Landlord hereby indemnifies and holds Tenant harmless from and against any liability in connection with, all taxes levied directly or indirectly against any personal property or equipment placed by Landlord or its assignees on or about the Platform Space. Landlord and Tenant shall share equally any other common expenses incurred by either for the regular maintenance and repair after delivery of the Platform Space. Landlord shall be responsible for paying for and/or reimbursing Tenant for any fuel used by Landlord in connection with the use of the Additional Backup Power Generator Space as reasonably determined by Tenant. Tenant may require Landlord to enter into a mutually agreeable license agreement consistent with this paragraph 1(c) prior to Landlord occupying or using the Additional Backup Generator Space. If Tenant fails to store a volume of fuel sufficient for Landlord’s use as permitted hereunder or fails to maintain or repair the fuel tank, then Landlord shall have the right but not the obligation to fill the tank with and pay for an adequate volume of fuel and cause the tank to be maintained and repaired at Tenant’s expenseinvoice therefor.