Common use of Landlord Services Clause in Contracts

Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a); (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%; (d) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount not to exceed 5 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power; (e) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and (f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a xxxx therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water.

Landlord Services. From (a) Subject to Section 5 and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement DateSection 6, Landlord shall furnish Tenant with provide the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service Term: (i) HVAC service in in accordance with the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a); (i) passenger elevator service to each floor of the Premises at all times following temperature specifications during Business Hours on Business Days, with Hours: 72 degrees at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator and loading dock 50% relative humidity; provided HVAC service to the Premises on a first come-first served basis Saturdays will be provided only upon Tenant’s prior request to Landlord received no later than noon on the preceding business day; (i.e.ii) electricity for lighting and standard office equipment for comparable buildings in the market in which the Project is located; (iii) water, no advance scheduling) on Business Days from 8:00 a.m. sewer, and, to 5:00 p.m. (excluding a 1 hour lunch break)the extent applicable to the Building, gas, oil, and steam service; (iv) security as reasonably determined by Landlord for the Building and Common Areas on a reserved basis at all other times upon 24/7 basis; and (v) cleaning services meeting the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first specifications set forth above in this Section 3.01(b)(ii); Exhibit D attached hereto. Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters shall make arrangements with the applicable utility companies and public bodies to measure provide, in Tenant’s consumption name, telephone, cable, and any other utility service not provided by Landlord that Tenant desires at the Premises. The Building electrical system will be capable of water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities providing an average of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%; (d) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount not to exceed 5 6 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive foot of the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided rentable area to the Premises for lighting and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power;measured load. (eb) cleaning services on Business Days Landlord shall not be obligated to furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s prior request sent in accordance with Exhibit D attached hereto. Section 25(p) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord on demand the costs incurred Landlord, immediately upon demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord Landlord. Landlord’s current rate for (i) extra cleaning work in the Premises required because HVAC service outside of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Daysrequested with at least 24 hours’ prior notice (or by noon for weekend service) is $92.00 per hour for cooling and $57.00 per hour for heating, and (ii) removal from per zone, with a 2-hour minimum if the Premises and service does not commence immediately following the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and (f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition end of a xxxx therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterday’s Business Hours.

Landlord Services. From and after the date that Tenant Txxxxx first occupies the Premises for the conduct of TenantTxxxxx’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours from 7:00 a.m. to 7:00 p.m. on each Business Day and upon reasonable prior written request from Tenant, from 8:00 9:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of substantially in accordance with the Premisesdesign specifications set forth in Exhibit F attached hereto, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15)Landlord; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 450.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a); (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. (excluding a 1 hour lunch break)p.m., and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 250.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenantand provided, further, that Tenant shall be entitled to up to 8 hours (in minimum 4 hour increments) of overtime freight elevator service at no charge to Tenant solely in connection with Txxxxx’s initial move into the Premises; Txxxxx’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (c) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%; (d) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount at a level of not to exceed 5 xxxxx per usable square feet, on a less than 6 wxxxx connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity per rentable square foot of space (exclusive of the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power; (e) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part negligence and/or willful misconduct of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non non-standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. LandlordLxxxxxxx’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and (f) if a reasonable amount of condenser water, which shall be requested by Tenant prior to occupancy within 15 days after the date of the Premisesthis Lease and approved by Landlord, in writingLandlord’s sole discretion, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC systemsystem from the common cooling tower unit serving the Building 24 hours a day, 7 days a week. Tenant Landlord shall perform all necessary work and install all required equipment equipment, at Tenant’s expense, to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 1,500.00 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord $1,000.00 per connected ton of Maximum Capacity per annum, subject which amount shall be adjusted on each anniversary of the Commencement Date to increase from time equal the product of (i) such amount multiplied by (ii) the percentage of increase, if any, in the Consumer Price Index for the month prior to time by Landlordthe month in which the applicable anniversary occurs over the Consumer Price Index for the month prior to the month in which the Commencement Date occurs), which amount shall be payable within 10 days after rendition of a xxxx bill therefor. If Tenant fails to utilize “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, New York, New York-Northeastern New Jersey Area (1982-84=100), or any quantity successor index thereto, appropriately adjusted; provided, that if there shall be no successor index, a substitute index shall be reasonably selected by Landlord. If, on the first anniversary of the Commencement Date, Txxxxx’s connected load of condenser water for 180 days or more in a one year periodis less than the amount initially approved by Landlord, then Landlord shall have the right upon notice no further obligation to Tenant to irrevocably reduce the number of tons of reserve for Tenant’s use any condenser water to which Tenant is entitled by the number in excess of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterTxxxxx’s then connected load.

Landlord Services. From and after (x) the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Tranche A Commencement Date, in the case of the Tranche A Space and (y) the Tranche B Commencement Date, in the case of the Tranche B Space, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours from 8:00 a.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day) and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 6:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of and Sundays substantially in accordance with the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15)specifications set forth in Exhibit G attached hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon 1:00 p.m. of the immediately preceding Business DayDay (and in each case, in the event of an emergency, Tenant shall give to Landlord such notice as may be practicable under the circumstances and Landlord shall endeavor to provide same on such shorter notice), and Tenant shall pay to Landlord upon demand Landlord, within 30 days after demand, Landlord’s then established charges therefor whichwhich are consistently applied to substantially all office tenants; (b) steam, as of the date of this Lease are $515.00 per hour, subject to increase from time to time if required by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours Tenant for any period additional heating or permitted kitchen use, in which event Tenant shall pay to Landlord the cost of additional service that neither immediately precedes nor immediately follows such steam as well as the standard hours first set forth above in this Section 3.01(a)cost of piping and other equipment or facilities required to supply steam to and distribute steam within the Premises; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord for the quantities of steam shown on such meters and Landlord’s charge for the production or purchase of such steam, within 30 days after demand; (i) passenger elevator service with six cars (which shall be fully operational on the Commencement Date with no activation fee to be paid by Tenant) serving each floor of the Premises at all times during Business Hours on Business Days, Days and with at least one passenger elevator subject to call at all other times; as part of Landlord’s Work in respect of the Tranche B Space, subject Landlord shall cause 2 of the elevator cabs in the Building’s “J” bank (which serves the 50th Floor) to Unavoidable Delaystop (on a 24 hour per day, repairs, 7 day per week basis) on the 10th Floor and Building Rules and Regulations, and the 11th Floor; Landlord shall not otherwise reconfigure the elevator banks serving the Premises without Tenant’s consent; (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e.i.e, no advance scheduling) during Business Hours on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor whichtherefor, consistently applied to substantially all office tenants; as of the date of this Lease Lease, such charges are $190.00 79.50 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); ; (iii) Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (cd) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory lavatory, pantry, drinking fountain and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters based upon the rates paid by Landlord to the City of New York or other provider (including Landlord’s cost therefor (including costs standard charge for sewer rents and taxes) plus 5%the production of such hot water, if produced by Landlord), within 30 days after demand; (de) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount at a level of not to exceed 5 less than 6 xxxxx demand load per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity foot of space in the Premises (exclusive of electricity for the base Building HVAC system); provided, that Landlord shall provide up to 6 xxxxx demand load per rentable square foot of space in the Premises (exclusive of electricity for the Building HVAC system) if Tenant can reasonably demonstrate to Landlord in the Plans that Tenant requires or will require such additional electric capacity (such 6 xxxxx per usable square foot or per rentable square foot, as applicable, is called the “Basic Electricity Amount”). In no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the PremisesPremises (and Landlord represents and warrants to Tenant that the capacity of the existing feeders and risers is sufficient to provide the Basic Electricity Amount), nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s useuse (provided that if Tenant does not add the additional electric capacity as set forth in the proviso above, and if then Landlord shall in all events make an additional 0.75 xxxxx demand load per rentable square foot of space in the Premises (exclusive of electricity for the Building HVAC system) available to Tenant promptly following written notice from Tenant). If Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to Landlord, within 30 days after demand, the Premises and the reasonable market-rate cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power (but there shall be no additional connection charge). In addition to the Basic Electricity Amount, Tenant, by notice given to Landlord on or before the Commencement Date, may elect to tap into the Building’s supplemental electric riser on the 50th Floor and receive on the 50th Floor from such riser up to an additional 175 amps of electricity. If Tenant so elects, Tenant, at Tenant’s expense, in accordance with all applicable provisions of this Lease, shall install all equipment necessary for Tenant to obtain such additional electric power, and Tenant shall pay to Landlord, within 30 days after invoice, a one-time fee of (i) $1,200.00 multiplied by (ii) the number of amps of electricity actually drawn by Tenant from such riser. Subject to any other applicable provisions of this Lease, Tenant may redistribute electric power throughout the Premises; provided, that (A) if Tenant desires to redistribute power between the 50th Floor on the one hand, and the 10th Floor and/or the 11th Floor on the other hand, Tenant, at Tenant’s expense, must install a separate electric riser between such floors to effect such redistribution and (B) if under any circumstance whatsoever this Lease terminates or expires as to only a portion of the Premises, the portion of the Premises as to which this Lease expires or terminates must have available to it from the electricity allocated under this Lease to Tenant not less than the Basic Electricity amount applicable to such space; (ef) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand Landlord, within 30 days after demand, the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning timesotherwise in excess of that set forth on Exhibit D attached hereto. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing or reproducing operationsoperations (except for removal of ordinary office refuse therefrom), private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor (whose rates shall be competitive) to perform any cleaning of such areas at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. expense. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; andPremises provided such lights are turned off upon completion of nightly cleaning; (fg) if requested by Tenant prior up to occupancy of the Premises, in writing, an amount (i) 175 tons of condenser water that Landlord reasonably determines is available for use on the 00xx Xxxxx, 00xx Xxxxx and adequate for customary office occupancy of the Premises not to exceed five(5Subconcourse Space, and (ii) up to100 tons (“Maximum Capacity”) of condenser water for use on the 50th Floor, in each case for Tenant’s supplemental HVAC systemsystem from the common cooling tower unit serving the Building shall be provided 24 hours a day, 7 days a week. Tenant, at Tenant’s expense, shall have the right to install (A) one or more water-cooled supplemental air-conditioning units in the Premises and (B) a 6” wet tap to service the 50th Floor. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor 10th Floor and/or the 50th Floor (except for the valved outlet on such floors (other than the wet tap described above) and meter measuring Tenant’s consumption of condenser water which shall be installed by Landlord at Landlord’s expense). Notwithstanding the Premises foregoing, any such work and equipment (other than such valve outlets and meters) that is located. installed prior to the Commencement Date shall be part of Landlord’s Work and shall be paid as provided in Exhibit E. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge pay, as additional rent, for Tenant’s usage of condenser water (as measured by the meter installed by Landlord) an amount equal to the then Building standard charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase condenser water usage in effect from time to time by Landlordand consistently applied to substantially all office tenants (which is as of the date of this Lease $0.07 per ton of connected load per hour), which amount shall be payable within 10 30 days after rendition of a xxxx therefor. If Tenant fails There shall be no tap-in fee; (h) the use of the loading docks in the south tower of the Building on a first come first served basis (i.e., no advance scheduling) during Business Hours on Business Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor, consistently applied to utilize any quantity substantially all office tenants, which charges are, as of condenser the date of this Lease, $79.50 per hour; Tenant’s use of the loading dock shall be on a non-exclusive basis; (i) water to the main sprinkler loop on each floor of the Premises in accordance with the code (all distribution therefrom shall be performed as part of Landlord’s Work in accordance with the Plans); (j) the right, subject to approval of Tenant’s plans therefor and compliance with all applicable provisions of Section 4.02 below, to install louvers for 180 days exhaust or more in a one year periodfresh air intake between columns 4 and 5 on the north side of the south tower of the Building; and (k) 3 digital points in, Landlord shall have and 3 digital points out, on each floor of the right upon notice to Premises for Tenant to irrevocably reduce tie in and connect life safety devices to the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterBuilding’s class E system.

Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours from 8:00 a.m. to 6:00 p.m. on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which that are not a Holiday for reasonably comfortable occupancy Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon 1:00 p.m. of the immediately preceding Business DayDay (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales taxtherefor; provided, that there (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a minimum charge of 4 hours Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any period of additional service that neither immediately precedes nor immediately follows HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the standard hours first set forth above in this Section 3.01(a)date on which Tenant is requesting overtime heat, ventilation and air-conditioning services; (b) intentionally omitted; (c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one 3 passenger elevator elevators subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 5:00 p.m. on Business Days (excluding a 1 hour lunch breakthe “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; (provided, that there shall be Tenant must reserve after-hours freight for a minimum charge of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard if such hours first set forth above in this Section 3.01(b)(iiare not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything the foregoing, there shall be no charge to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) 300 hours of overtime freight elevator use booked usage by Tenant or used by in connection with the Initial Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Work and Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (cd) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the Premiseslocation in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 53%; (de) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in at a level of not less than 6 xxxxx demand load per useable square foot of the amount not to exceed 5 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of to bring such power to the Premises, including, installing any necessary additional risers, meters, switches and related equipment necessary or distribution systems to provide distribute such additional power;power within the Premises; and (ef) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; andLandlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions; (fg) if requested by Tenant prior up to occupancy of the Premises, in writing, an amount 25 tons of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy per full floor of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC systemsystem from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on riser, including installing automatic shut off valves to ensure condenser water will only flow through the floor on which the Premises is located. active HVAC unit; Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlordcondenser water riser, which amount shall be payable within 10 days after rendition of a xxxx therefor; (h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises; (i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. If During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant fails to utilize coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any quantity portion of condenser water the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for 180 days or more in a one year periodthe cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right upon notice to require that Tenant use Landlord’s DAS infrastructure provider to irrevocably reduce connect to the number DAS and to perform any required removal and/or reinstallation of tons of condenser water any DAS equipment in the Premises; and (j) access to which Tenant is entitled by the number of such unutilized tonsPremises 24 hours per day, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water7 days per week, 365 days per year.

Landlord Services. (a) From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (ai) heat, ventilation and air-conditioning to the Premises during Business Hours from 8:00 a.m. on each Business Day to 6:00 p.m. on the same day and upon reasonable prior written request from Tenant, from 8:00 9:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15)Landlord; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (iA) in the case of a Business Day, upon receiving notice (including verbal notice) from Tenant by noon 3:00 p.m. of such Business Day and (iiB) in the case of a day other than a Business Day, upon receiving notice (including verbal notice) from Tenant by noon 1:00 p.m. of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a)therefor; (iii) reserved parking for a total of twenty (20) cars, including ten (10) spaces in the covered parking facility; (iii) (A) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, times and (iiB) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) during Business Hours on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii)therefor; Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (civ) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes onlyand to service any plumbing fixtures installed in the Premises as part of Landlords Work (which may include one hot water heater at a pantry location); if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and unless otherwise provided in Landlord’s work letter, the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters (including Landlord’s cost therefor (including costs standard reasonable charge for sewer rents and taxes) plus 5%the production of such hot water, if produced by Landlord), on demand; (dv) electric energy of a minimum of 5 xxxxx per square foot on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount not to exceed 5 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of the base Building HVAC system)equipment; in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power;; Landlord will connect Landlord’s back-up generator to Tenant’s server room at Tenant’s cost and expense, in order to provide continuous operation of Tenant’s servers. Tenant shall pay to Landlord a fee, pursuant to a separate agreement, for access to and use of the back-up generators; and (evi) cleaning services on Business Days in accordance with Exhibit D E attached hereto. Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord for (iA) extra cleaning work in the Premises required because of (Aw) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (Bx) interior glass partitions or an unusual quantity of interior glass surfaces, (Cy) non non-building standard materials or finishes installed in the Premises (excluding materials or finishes installed as part of Landlord’s Work) and/or (Dz) the use of the Premises other than during Business Hours on Business Days, but only if Tenant requests special cleaning services for that purpose and (iiB) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions remnants of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing soiled dishes or reproducing operations, private lavatories or toilets eating utensils or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. at Tenant’s expense. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and. (fb) Landlord temporarily may stop or interrupt any Landlord Service, electricity, or other service and may stop or interrupt the use of any Building facilities and systems at such times as may be necessary and for as long as may reasonably be required by reason of an emergency or urgent situation caused by accidents, strikes, or the making of repairs, alterations or improvements, or inability to secure a proper supply of fuel, gas, steam, water, electricity, labor or supplies, or by reason of any other cause beyond the reasonable control of Landlord. Landlord shall have no liability to Tenant by reason of any temporary stoppage or interruption of any Landlord Service, electricity or other service or the use of any Building facilities and systems for any reason, except for Landlord’s negligence. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Building to provide restoration of any Landlord Service and, where the cessation or interruption of such Landlord Service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored by diligent application or request to the provider. (c) Without limiting any of Landlord’s other rights and remedies, if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a xxxx therefor. If Tenant fails to utilize in monetary default beyond any quantity of condenser water for 180 days or more in a one year applicable grace period, Landlord shall not be obligated to furnish to the Premises any service outside of Business Hours on Business Days, and Landlord shall have the right upon notice no liability to Tenant by reason of any failure to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of provide, or discontinuance of, any such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterservice.

Landlord Services. (a) From and after the Commencement Date (or in the case of cleaning services, the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date), Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (ai) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day Days and upon reasonable prior written request from Tenant, during the hours from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of substantially in accordance with the Premisesdesign specifications set forth in Exhibit D attached hereto, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such services at the rate of $150 for heat and $200 for ventilation or air-conditioning per hour of service (i) in the case of a Business Day, upon receiving notice from to Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlordat Tenant’s then established charges therefor which, as of the date of this Lease are $515.00 per hourexpense, subject to increase from time to time by in amounts equal to the actual increase in Landlord, plus applicable sales tax’s cost of providing such services; provided, that there if Landlord simultaneously furnishes such services to another Building tenant or tenants whose Premises are in the same zone of the HVAC system as the Premises, the cost thereof shall be a minimum charge prorated between or among Tenant and such tenant or tenants, based upon the ratio which Tenant and each such other tenant(s) rentable square footage within such zone bears to the total rentable square footage within such zone of 4 hours for Tenant and such other tenant(s); within 20 days after receipt of Landlord, as Additional Charges, any period amount due to Landlord pursuant to the terms of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a3.01(a)(i); (iii) steam, if required by Tenant for any additional heating or permitted kitchen use, in which event Tenant shall pay to Landlord the cost of such steam as hereinafter provided as well as the cost of any additional piping and other equipment or facilities required to supply steam to and distribute steam within the Premises; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord for the quantities of steam shown on such meters and 106% of Landlord’s actual cost from time to time for the production or purchase of such steam, within 20 days after receipt of Landlord’s demand therefor; (iii) (A) passenger elevator service to each floor of the Premises at all times during Business Hours business hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, times and (iiB) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) during Business ours on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break)Days, and on a reserved basis at all other times upon the payment payment, with respect to non-business Hours on non-Business Days, at the rate of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 161.71 per hourhour (with a four (4) hour minimum for weekend service), subject to increase from time to time by in an amount equal to the actual increases in Landlord, plus applicable sales tax’s cost of providing such freight elevator service; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); connection with Tenant’s initial move into the Premises, Landlord shall provide Tenant with eight (8) hours of freight elevator service free of charge, to be used by Tenant during non-Business Hours and on non-Business Days and otherwise in accordance with Landlord’s rules and regulations covering freight elevator service; the use of all elevators shall be on a non-exclusive nonexclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (civ) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the actual cost of any additional piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes (but not with respect to Tenant’s consumption of cold water and/or hot water for the so-called “convenience areas” referenced in Section 1.04 where the preparation of food or beverages is limited to the use of microwave ovens and coffee machines) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters (including Landlord’s cost therefor (including costs standard charge for sewer rents and taxes) plus 5%the production of such hot water, if produced by Landlord), on demand; (dv) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use electrical capacity of lighting and other electrical fixturesnot less than six (6) wxxxx, appliances and equipment demand load, per rentable square foot contained in the amount not to exceed 5 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity Premises (exclusive of the electrical consumption of the base Building HVAC system and any other base Building system); such electrica1 capacity shall be supplied via the Building distribution system and shall be available at the electrical closet on the floor of the Building on which the Premises is located (it being understood that Tenant shall be responsible for bringing such electrical capacity from the electrical closet to the Premises); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power;; and (evi) cleaning services on Business Days in accordance with Exhibit D E attached hereto. Tenant Landlord shall pay not be required to Landlord on demand the costs incurred by Landlord for perform any (iA) extra cleaning work in the Premises required because of (Aw) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (Bx) interior glass partitions or an unusual quantity of interior glass surfaces, (Cy) non non-building standard materials or finishes installed in the Premises which require special cleaning and/or (Dz) the use of the Premises other than during Business Hours on Business Days, and Days and/or (iiB) removal from the Premises and the Building of any refuse of Tenant (x) in excess of that ordinarily accumulated in business office occupancyoccupancy and which is disposed of in a standard office desk trash receptacle, including, without limitation, kitchen and pantry refuse, or refuse and/or (y) at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall (A) retain Landlord’s cleaning contractor contractor, at commercially reasonable rates, to perform such cleaning at Tenant’s expense to or (B) perform such cleaning and any other with its own employees who are employed for cleaning services in excess of those provided for in Exhibit D. purposes. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefortherefore, all light, power and water in the Premises reasonably required to clean the Premises; and (f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a xxxx therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water.

Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of substantially in accordance with the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15)specifications set forth in Exhibit F attached hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon 1:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon 5:00 p.m. of the immediately preceding Business Day, and Tenant shall pay to Landlord upon within 30 days after demand Landlord’s then established charges therefor whichtherefor, as of the date of this Lease are $515.00 per hour, which charges shall be calculated in accordance with Exhibit H attached hereto and shall be subject to increase from time to time by Landlord, plus applicable sales taxthe extent of any actual increase in the cost to Landlord of providing such services; provided, that there Tenant shall be subject to a 4 hour minimum charge for any such overtime service unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, in which case Tenant shall be entitled to request a minimum charge of 4 hours for any period 1 full hour of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a)such overtime service; (i) subject to service changes due to emergency and necessary maintenance, for Tenant’s non-exclusive use and benefit, destination dispatch passenger elevator service to each floor of elevators serving the Premises (the “Elevators”) in accordance with the specifications attached hereto as Exhibit G at all times during Business Hours on Business Days, with at least one passenger elevator 2 Elevators subject to call at all other times, ; (ii) subject to Unavoidable Delay, repairs, and Building the Rules and Regulations, and (ii) freight elevator and loading dock service to the Premises on a first comefor Tenant’s non-first served basis (i.e.exclusive use and benefit; provided, no advance scheduling) that with respect to such service other than during Business Hours on Business Days from 8:00 a.m. Days, (A) Tenant shall pay to 5:00 p.m. (excluding a 1 hour lunch break), and on a reserved basis at all other times upon the payment of Landlord within 30 days after demand Landlord’s then established charges therefor whichtherefor, which charges as of the date of this Lease Effective Date are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there set forth on Exhibit H attached hereto and shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators Subject to CPI Increases and (B) Tenant shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a 4 hour minimum four (4) hours charge unless such overtime service is requested for a period of usage) for time immediately preceding or immediately following Business Hours on a Business Day, in which case Tenant shall be entitled to request a minimum of 1 full hour of such overtime service. Notwithstanding the foregoing, during the performance of Tenant’s Initial Work and Tenant’s initial move-in to the Premises, subject (1) Tenant shall be entitled to up to 50 overtime hours in the Building rules and regulations related to such aggregate of freight elevator useand loading dock service at no charge and (2) the charges for Tenant’s use of freight elevator and loading dock service shall be as more particularly described in Section 4.01(c)(v); (c) reasonable quantities of tepid hot and cold water to the floor(s) on which the Premises are located for core lavatory lavatory, cleaning, drinking and cleaning cold water for pantry (other than dishwashers and subject to Section 8.20(b)(v), it being agreed that the heating of water supplied to the pantry, together with the cost thereof, including electricity, shall be the sole responsibility of Tenant) purposes only; if Tenant requires additional water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the each floor on which the Premises is located (within the core of the Building), and the cost of heating such water (including, without limitation, the cost of electric to heat such water, as well as ) and the cost of piping and supplying such water to the Premises, Premises shall be paid by TenantTenant (provided that Landlord shall install and maintain hot water heaters for the core toilet rooms and janitors closets); Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of such additional water for such other purposes in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, within 30 days after demand accompanied by reasonable supporting documentation, at Landlord’s then established charges therefor, which charges as of the Effective Date are set forth on Exhibit H attached hereto and shall be subject to increase to the extent of any actual increase in the cost therefor (including costs for sewer rents and taxes) plus 5%to Landlord of providing such water; (d) electric energy on a submetered basis through presently the transmission facilities installed electric facilities by Landlord in the Building for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount at a level of not to exceed less than 5 xxxxx wxxxx demand load per usable gross square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity foot of space (exclusive of electricity required to operate the base building systems installed by Landlord, including, without limitation, the Building HVAC system, but inclusive of any Tenant installed portion of the HVAC distribution system such as fan powered boxes); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, Building. Tenant shall not have the right to redistribute the electric power furnished on each floor of the Premises by Landlord throughout the Premises without Landlord’s prior written approval (such approval to be granted or denied in Landlord’s judgment sole and absolute discretion); provided, that, if Landlord approves same, (taking into account 1) such redistribution shall not cause Tenant’s consumption of electricity to exceed the then existing and future needs of other then existing and future tenants, and other needs capacity of the Building)feeders, risers or wiring serving the same Premises, (2) Tenant, at Tenant's sole expense, shall perform any work required prior to the expiration or earlier termination of the Term so that the electrical capacity stated in this Section 3.01(d) is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for restored to each additional amp floor of power or portion thereof provided to the Premises and (3) if Tenant shall surrender any portion of the cost Premises prior to surrendering the entire Premises, Tenant, at Tenant’s sole expense, shall perform any work required prior to such partial surrender so that the electrical capacity stated in this Section 3.01(d) is restored to the surrendered portion of installing additional risers, meters, switches and related equipment necessary to provide such additional powerthe Premises; (e) cleaning services on Business Days for the Premises in accordance with the specifications provided in Exhibit D attached hereto. Tenant shall pay to Landlord on within 30 days after demand the out-of-pocket costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non non-standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. Notwithstanding the foregoing, Tenant may use its own employees to provide minor cleaning services to pantries and conference rooms within the Premises; provided, that (A) the provisions of Section 4.02(e) relating to the avoidance of union-related conflict shall apply to such minor cleaning services, (B) Landlord shall have no liability to Tenant or Tenant’s employees in connection with such minor cleaning services and (C) any such minor cleaning services shall be subject to such reasonable rules and regulations that may be established by Landlord with respect thereto (including, without limitation, Landlord’s green cleaning policy for the Building). Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and; (f) if requested by Tenant prior up to occupancy of the Premises, in writing, an amount 30 tons of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5(i.e., 20 tons for the 37th Floor Premises and 10 tons for the 40th Floor Premises) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC systemsystem from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, which Landlord shall reserve for Tenant’s use until January 1, 2017 (the “Reserved Tonnage”). Tenant shall have the right to use, throughout the Term, that portion of the Reserved Tonnage which Tenant has elected to reserve as of January 1, 2017, it being agreed that Tenant waives any rights Tenant may have had (x) to the Reserved Tonnage if Tenant has not given Landlord notice of its election to reserve the same on or before January 1, 2017 and (y) to the portion of the Reserved Tonnage which Tenant has not elected to reserve in such election notice given to Landlord on or before January 1, 2017 (if any is so given). Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located(provided that Landlord shall provide capped valved outlets), and Landlord shall waive any tap-in fee or “drain-down” charge for Tenant’s tap into Landlord’s condenser water riser. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge Landlord, within 30 days after demand, for Tenant’s usage such reservation of condenser water water, an amount equal to Landlord’s then established charges therefor, which charges as of the then charge for same established by Landlord date hereof are $850 per connected ton of Maximum Capacity reserved per annum, annum and shall be subject to increase to the extent of any actual increase in the cost to Landlord of providing such condenser water. Subject to Laws and Landlord’s approval of Tenant’s plans therefor, Tenant shall have the right, at Tenant sole cost and expense, to redistribute the condenser water furnished on each floor of the Premises throughout the Premises (it being agreed that condenser water is being allocated on the basis of 20 tons for the 37th Floor Premises and 10 tons for the 40th Floor Premises); provided, that if Tenant shall surrender the Premises (or any portion of the Premises prior to surrendering the entire Premises, including without limitation the 40th Floor Premises on the 40th Floor Expiration Date), Tenant shall perform any work required prior to such surrender (or such partial surrender) so that the condenser water capacity stated in this Section 3.01(f) is restored to the Premises (or the surrendered portion of the Premises); (i) security in accordance with Exhibit L attached hereto; provided, that, except to the extent due to Landlord’s negligence or willful misconduct, Landlord shall have no responsibility to prevent, and Landlord shall have no liability to Tenant (or anyone claiming through or under Tenant) for loss to Tenant (or such other person) or their agents, contractors, employees, invitees, or licensees, arising out of theft, burglary or damage or injury to persons or property caused by persons gaining access to the Building or other causes; (ii) Tenant shall have the right, at Tenant’s sole cost and expense, to install a security system (which may be, at Tenant’s option, a key-card access system) in the Premises; provided that Tenant shall provide Landlord’s security personnel with any key-cards, information or other items required to access the Premises in accordance with the provisions of Section 4.04(d). If Tenant desires to install a security system in the Premises that is compatible with the Building security system so as to enable individuals to utilize a single security/access card to access both the ground floor elevator lobby serving the Premises and the Premises, Landlord shall reasonably cooperate with Tenant, at Tenant’s sole cost and expense, with respect to Tenant’s installation and maintenance of such compatible security system; (iii) Landlord shall provide access cards for entry to the ground floor elevator lobby serving the Premises and Tenant shall pay to Landlord, within 30 days after demand therefor, Landlord’s established charges therefor. Notwithstanding the foregoing, Landlord shall provide, without charge, 1 such access card for each employee of Tenant with a place of work in the Premises as of the date that Tenant first occupies the Premises for the conduct of Tenant’s business; (h) Landlord shall operate (or cause an outside contractor to operate) a messenger center for the Building (the “Messenger Center”). The service to be provided by the Messenger Center from time to time, the manner in which such services are provided from time to time by Landlord, which amount and hours of operation observed from time to time (the “Messenger Center Services”) shall comply with all applicable Laws and shall be payable within 10 days after rendition reasonably formulated by Landlord with a view toward the security protocols for the Building. Tenant shall, throughout the Term, use, in common with Landlord and other tenants and occupants of a xxxx thereforthe Building, the Messenger Center and the Messenger Center Services. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right, from time to time, to make such modifications to the Messenger Center Services as it deems reasonably necessary, taking into account requirements of applicable Laws and the security of the Building and its tenants and other occupants. Landlord reserves the right upon notice to reconfigure or relocate the Messenger Center. Landlord shall have no liability to Tenant for accepting or failing to irrevocably reduce accept or for providing or not providing or for requesting or failing to request receipts or evidence of delivery for any mail or packages or for the number handling of, or damage to, such mail or packages absent the gross negligence or willful misconduct of tons Landlord. The cost of condenser water maintaining the Messenger Center and Messenger Center Services shall be an Operating Expense under this Lease; (i) intentionally omitted; (j) subject to Landlord’s security procedures and the provisions of this Lease, access to the Premises 24 hours per day, 7 days per week except in cases of emergency; (k) operation, maintenance and repair of the public and common areas of the Building and of the systems and equipment serving the Building, and the provision of services required hereunder, in a manner consistent with standards maintained in First Class Office Buildings (it being understood that any specifications for the provision of services required hereunder included in this Lease or the exhibits attached hereto shall be deemed to meet such standards); provided, that Landlord’s obligations under this Section 3.01(k) shall be limited to areas of, and systems and equipment within, the Building which Tenant is entitled by to use or which otherwise serve the number of such unutilized tons, in which case Premises and Landlord shall only charge have no liability to Tenant for any failure to maintain such lower number standards except to the extent such failure adversely affects Tenant’s use and enjoyment of tons the Premises; (l) emergency power through the emergency generator(s) for the Building sufficient to make operational all base building systems serving the Premises which are required by applicable Laws to be operational for emergency power, including exit lights and egress illumination, fire pumps, smoke exhaust systems, stair pressurization and the fire alarm system; (m) water pressure and reserve capacity to the fire sprinkler system serving the Premises at the levels required pursuant to the Building Code for the City of condenser waterNew York; and (n) a fire alarm and life safety system, including a “DGP” on the 38th floor of the Building for Tenant’s connections to such life safety system.

Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of (a) Subject to Tenant’s business, but not earlier than the Commencement Datepayment of Operating Expenses under Section 5 and utilities under Section 6, Landlord shall furnish Tenant with provide the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises 24 hours per day, 7 days per week during the entire Term: (i) HVAC service in the respective seasons during Business Hours on each Business Day in a manner consistent with the furnishing of same by other landlords of first class mixed use office and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not laboratory buildings in Philadelphia and providing a Holiday for reasonably comfortable occupancy temperature range of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time 72º Fahrenheit (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15+/- 2 º); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) electricity for lighting and equipment for comparable mixed use office and laboratory buildings in the case of a day other than a Business Daymarket in which the Project is located; (iii) water, upon receiving notice from Tenant by noon of sewer, and, to the immediately preceding Business Dayextent applicable to the Building, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of gas service; (iv) steam during the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows October 15 through April 15 of each year during the standard hours first Term; and (v) cleaning services meeting the minimum specifications set forth above in this Section 3.01(a); (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor which, as of the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Exhibit D attached hereto. Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters shall make arrangements with the applicable utility companies and public bodies to measure provide, in Tenant’s consumption of water for such name, telephone, cable, and any other purposes in which event utility service not provided by Landlord that Tenant shall reimburse Landlord on demand for desires at the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%;Premises. (db) electric energy on a submetered basis through presently installed electric facilities for Landlord shall not be obligated to furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment in the amount not to exceed 5 xxxxx per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power; (e) cleaning services on Business Days prior request sent in accordance with Exhibit D attached hereto. Section 25(o) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord on demand Landlord, immediately upon demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord. (c) Notwithstanding anything to the costs incurred by Landlord for (i) extra cleaning work contrary in the Premises required because of (A) carelessnessthis Lease, indifference, misuse or neglect on the part of Tenant, at its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use sole cost and expense Tenant shall cause all laboratory areas of the Premises other than during Business Hours on Business Daysto be cleaned and ensure the proper disposal of all Hazardous Materials in compliance with all applicable Laws, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; and (f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a xxxx therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have no responsibility for any of the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterforegoing.