Common use of Landlord Services Clause in Contracts

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rata.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services to Tenant (collectively, “Landlord Services”): (ia) Landlord shall furnish air conditioningsubject to curtailment pursuant to Legal Requirement, ventilation heat in season, as and heat (“HVAC”) (x) to when required for the common areas comfortable occupancy of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and Premises in accordance with the Specifications for HVACspecifications set forth in Exhibit E annexed hereto (the “HVAC Specifications”) on Mondays through Fridays from 8:00 a.m. to 7:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m., which are attached hereto as Exhibit E. Landlordand, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlordadvance request by Tenant, including air-coolingLandlord shall furnish heating at other times, fan, ventilating and machine rooms, electrical closets and IDF riser closets; in which event Tenant shall not construct partitions or other obstructions which may unreasonably interfere with pay Landlord for furnishing such heating at Landlord’s free access thereto, or unreasonably interfere with actual cost to furnish the moving of Landlord’s equipment same to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations.; (iib) Tenant acknowledges thatLandlord shall, during hours other than Business Hours (“Overtime Periods”)at its sole cost and expense, the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout equip each floor of the Premises based upon its design criteria, occupancy, equipment with air conditioning unit(s) which Tenant may operate as and lighting and other factors which affect when needed sufficient to provide for the effective cooling or heating comfortable occupancy of each floorthe Premises in accordance with the HVAC Specifications. (iiic) The Fixed Rent does not reflect Landlord shall make available from the public water supply reasonably adequate quantities of potable domestic cold and hot water to a point or include points in the Premises for ordinary lavatory and drinking purposes. Landlord shall, at its expense, install, maintain and replace (if necessary) a meter to measure Tenant’s consumption of water in the Premises. Tenant agrees to pay for water consumed as shown on such meter at the rate charged to Landlord by the utility company for such water, together with all sewer charges and any other rent, tax, levy or charge based thereon which now or hereafter is assessed, imposed or a lien upon the Premises or the Building, as and when bills are rendered. Landlord shall have no liability to Tenant for any loss, damage or expense which Tenant may sustain or incur if the furnishing quantity or character of any HVAC water service is changed or is no longer available or suitable for Tenant’s purposes provided that neither Landlord nor its agents or contractors is the cause of such change, unavailability or unsuitability; (d) routine maintenance, cleaning, painting (as reasonably necessary) and electric lighting service for all common corridors, common stairwells, entrance areas, fire exits, roadways, pedestrian sidewalks, lobbies, landscaped areas, elevators, and parking lots of the Real Property in the manner and to the extent appropriate for first-class office buildings in Fairfield County, Connecticut; (e) cleaning service for the Premises substantially in accordance with the cleaning specifications set forth in Exhibit F annexed hereto; (i) security for the Building and the Real Property during Overtime Periods. Accordinglyforty (40) normal business hours (as defined in Exhibit D hereof and as the same may be amended by Landlord from time to time) on Mondays through Fridays at standard wage rates; provided, however, that (A) Landlord shall provide security beyond such forty (40) hours or at premium or overtime rates only if Tenant agrees in writing to be solely responsible for any additional costs thereof above said forty (40) standard rate hours actually payable by Landlord furnishes HVAC to third parties and (B) Landlord shall have no responsibility or obligation to prevent, and shall not be liable to Tenant (or any person claiming under or through Tenant) for, loss to Tenant (or any such 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; (ii) Landlord shall afford Tenant and Tenant’s employees access to the Premises, Building and Real Property on a seven (7) day per week, twenty-four (24) hour per day basis; (g) electricity of at least 8 xxxxx per rentable square foot on a connected load basis to operate the air conditioning system located in and exclusively serving the Premises and all other equipment in the Premises; provided, however, that (x) nothing herein contained shall obligate Landlord in any manner to pay for the costs of electricity consumed in the Premises, which costs shall remain Tenant’s sole responsibility and (y) if Tenant’s electrical equipment requires air conditioning in excess of the air conditioning system serving the Premises, the equipment necessary to provide such excess air conditioning shall be installed by Tenant at it sole expense (subject, nevertheless, to the other provisions of this Lease, including, without limitation, Sections 2.05 and 4.02 hereof), and Tenant shall pay all actual operating and electricity costs related thereto; (h) nonexclusive passenger elevator service to the Premises at all times and nonexclusive freight elevator service during normal business hours. Use of the request of freight elevator at times other than normal business hours shall be arranged by Tenant during Overtime Periodsupon reasonable prior notice, then and Tenant shall pay Landlord’s actual costs to provide the same; (i) a full-time handyman and manager/superintendent shall be employed to service the Building’s operation and maintenance needs during normal business hours; and (j) Landlord as Additional Charges for such services at shall make accessible by telephone or beeper a responsible employee to respond to Tenant’s emergency needs after normal business hours. No more than twice per year, following ten (10) days’ written notice from Tenant to Landlord, Landlord shall hold a meeting of Tenant and Landlord or the managing agent of the Building Rate. As used herein, to: (i) discuss any Tenant concerns regarding the term “Building Rate” shall mean Landlord’s cost Landlord Services or scope of providing HVAC services, as reasonably determined by same: (ii) advise Tenant of plans regarding Landlord (without additional charge), computed on Services in the basis of (a) the cost of labor future; and (biii) charges for electricity advise Tenant of any anticipated capital expenditures which, during the ensuing six (6) months, Landlord plans to incur and other utilities. Landlord shall not be required later amortize pursuant to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rataSection 2.03 hereof.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant’s expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant’s receipt thereof. Landlord’s charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide patrol service to monitor the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord Parking Areas and Building entrances. B. Except as Additional Charges for such services at the Building Rate. As used hereinotherwise set forth above, the term “Building Rate” Landlord Services shall mean Landlord’s cost of providing HVAC services, be provided during normal business hours as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From A. Landlord shall provide reasonable amounts of hot and after the date that Tenant first occupies any portion of the Premises cold water, heat and sewer services to or for the conduct of Tenant’s businessPremises. If Tenant uses water for other than ordinary lavatory and consumption purposes, Landlord shall continue have the right to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish charge Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas of the Building, including the Building lobby to the extent additional rent for such areas would customarily be provided with such services and (y) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the Specifications for HVACexcess usage, which are attached hereto as Exhibit E. Landlordadditional charges, throughout the Termif any, shall have free access at any time in be based solely on the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlordamount Landlord is actually charged for Tenant’s free access thereto, or unreasonably interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable areawater usage. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost of providing HVAC serviceselectricity, cooling, trash, cable, telephone and internet service. Landlord shall have no obligation to provide utilities or equipment other than as reasonably determined by set forth in this Agreement. Tenant shall not install or use any additional air-conditioning, heating or other appliances, machines or electrical equipment in the Premises, without first having obtained Landlord’s prior written consent. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant’s sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord (without additional charge), computed on the basis of may withhold at its sole discretion or grant upon such conditions as Landlord may approve. B. Landlord shall (a) maintain the cost roof and structural portions of labor the Building, in good and reasonably safe condition, damage caused by fire, other casualty or by a public taking excepted, and (b) charges for electricity furnish reasonably snow-free walks and other utilities. parking areas on the Property. C. The Landlord shall not in no event be required liable for failure to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from perform any of its obligations under this LeaseAgreement when prevented from doing so by causes beyond its reasonable control, including, without limitation, labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or impose failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Agreement, or because of war or other emergency, or for any liability upon Landlord cause due to any act, neglect, or its agents by reason default of inconvenience Tenant or annoyance to Tenant’s servants, contractors, agents, employees, licensees, invitees or any person claiming by, through or under Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge and in no event shall Landlord ever be liable to Tenant shall be adjusted pro ratafor any indirect, special, or consequential damages under the provisions of this Agreement.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (ia) Landlord shall furnish air conditioningheat, ventilation and heat (“HVAC”) (x) air-conditioning to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to the Premises, Office Premises during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and Hours in accordance with the Specifications for HVACdesign specifications set forth in Exhibit F attached hereto; if Tenant shall require heat, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access ventilation or air conditioning services at any time other times, Landlord shall furnish such service (i) in the event case of any emergency a Business Day, upon receiving notice from Tenant by 1:00 p.m. of such Business Day and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), in the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation case of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If , upon receiving notice from Tenant fails by 1:00 p.m. of the immediately preceding Business Day, and Tenant shall pay to give Landlord within 30 days after demand Landlord’s then established charges therefor, which charges as presently in effect are set forth on Exhibit H attached hereto and are based on the actual costs to Landlord, without profit or xxxx-up, to provide such advance noticeservices and shall be subject to increase or decrease to the extent of Landlord’s actual increase or decrease in the cost of providing such services; provided, then failure by Landlord that (x) Tenant shall be subject to furnish or distribute a 4 hour minimum charge for any such services during overtime service unless such Overtime Periods shall not constitute an actual overtime service is requested for a period of time immediately preceding or constructive evictionimmediately following Business Hours on a Business Day, in whole or in part, or entitle which case Tenant shall be entitled to any abatement or diminution request a minimum of Rent, or relieve Tenant from 1 full hour of such overtime service and (y) to the extent that any of Landlord’s costs of providing such overtime service are attributable to the provision of such overtime service to both Tenant and another tenant or occupant of the Building, Tenant shall only be responsible for its obligations pro rata share (determined based on the respective rentable square footages of the spaces to which such service is being provided) of such cost(s); (i) subject to service changes due to emergency and necessary maintenance, (1) for Tenant’s non-exclusive use and benefit, the north passenger elevators serving the Office Premises and designated as P-01 and P-06 (the “Shared Low-Rise Elevators”) and (2) for Tenant’s exclusive use and benefit, the passenger elevators serving the Office Premises and designated as X-00, X-00, X-00, X-00, X-00, X-00, P-09 and P-10 (collectively, the “Exclusive Low-Rise Elevators”), in each case, in accordance with the specifications attached hereto as Exhibit G at all times during Business Hours on Business Days, with at least 2 Shared Low-Rise Elevators or Exclusive Low-Rise Elevators subject to call at all other times; (ii) freight elevator and loading dock service to the Premises for Tenant’s non-exclusive use and benefit; provided, that (1) so long as Tenant leases at least 10 floors of the Office Premises initially demised under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rata.have exclusive use of the freight elevator designated as S-03 (the “Exclusive Freight Elevator”) and (2) with respect to such service other than during Business Hours on Business Days, (A) Tenant shall pay to Landlord within 30 days after demand Landlord’s then established

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s 's business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “"Landlord Services”"): (i) Landlord shall furnish air conditioning, ventilation and heat (“"HVAC”") (xi) to the common areas of the Building, including including, without limitation, the Building lobby to the extent such areas would customarily be provided with such services and (yii) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business DaysDays throughout the year, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. D. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including including, but not limited to, air-cooling, fan, ventilating and machine rooms, rooms and electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s 's free access thereto, or unreasonably interfere with the moving of Landlord’s 's equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“"Overtime Periods”"), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) 4 xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges additional rent for such services at the Building RateRate as determined from time to time, which Building Rate is currently $242.50 per hour. As used herein, the term “"Building Rate” " shall mean Landlord’s 's cost (not to include any amounts attributable to the depreciation or amortization of HVAC equipment) of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. If any HVAC system providing service to the Demised Premises is at any time providing service simultaneously to other tenants in the Building outside of the Demised Premises (including Landlord), Landlord agrees to charge Tenant for its overtime HVAC service on a pro rata basis. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s 's designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. PM. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rata.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant’s expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rate share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant’s receipt thereof. Landlord’s charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide patrol service to monitor the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord Parking Areas and Building entrances. B. Except as Additional Charges for such services at the Building Rate. As used hereinotherwise set forth above, the term “Building Rate” Landlord Services shall mean Landlord’s cost of providing HVAC services, be provided during normal business hours as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant's expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant's receipt thereof. Landlord's charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide (i) patrol service to monitor the Premises at Parking Areas and Building entrances, (ii) the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such following information technology services at the Building Rate. As used herein(collectively, the term “Building Rate” shall mean Landlord’s cost of providing HVAC IT Services”): telephone, voice, internet, local area network (LAN), virtual private network (VPN) services and other services incidental thereto, and (iii) mailroom services, including shipping and receiving. B. Except as reasonably otherwise set forth above, the Landlord Services shall be provided during normal business hours as determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From Landlord shall provide routine maintenance, painting and after the date that Tenant first occupies any portion electrical lighting service for all Common Areas and special service areas of the Premises for Property in the conduct of Tenant’s businessmanner and to the extent deemed by Landlord to be standard. Subject to paragraph 5 above, Landlord shall continue repair and maintain all HVAC units servicing the Premises excluding repairs or maintenance due to operate the Building in the same manner failure to distribute air properly as it is being operated as a result of the date hereof and design of the HVAC system. Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) provide janitorial service to the Premises, during five days a week, Monday – Friday, after 6:30PM. Landlord may, in its sole discretion, provide additional services not enumerated herein.” 14. The following provision shall hereby be added to the hours between 8:00 A.M. and 6:00 P.M. on Business Daysend of Section 4.4 of the Lease: “Notwithstanding any other term contained herein, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event that any interruption or failure of any emergency HVAC, electrical service, water and at all other times upon reasonable prior notice to any and all mechanical installations plumbing services or a significant portion of the parking spaces are inaccessible or unusable was a result of the gross negligence of Landlord, including air-coolingor its employees, fanor agents, ventilating and machine roomsthe interruption occurs for more than three consecutive days, electrical closets and IDF riser closets; Tenant is unable to conduct its business in the Premises, Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with have the moving of Landlord’s equipment right to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation xxxxx Rent commencing as of the HVAC System fourth day after such interruption or failure, and upon prior written notice to Landlord, and such abatement shall continue until such time as the service is not designed to provide sufficient cooling of portions restored.” Section 5.1 of the Premises which shall have an electrical load Lease is hereby deleted in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting its entirety and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord replaced as Additional Charges for such services at the Building Rate. As used herein, the term follows: “Building Rate” shall mean Landlord’s cost of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish make any such services improvements, replacements or repairs of any kind or character to the Premises during the Term of this Lease except as are set forth in this Section or the Addendum. Landlord shall maintain only the roof, foundation, parking, HVAC, and Common Areas, and the structural soundness of the Buildings. Landlord’s cost of maintaining and repairing the items set forth in this Section are subject to the additional rent provisions in Section 2.3 and 2.4. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any Overtime Periods damage or inconvenience, and Tenant shall not be entitled to any damages nor to any abatement or reduction of Rent because of any repairs, alterations, or additions made by Landlord under this Lease unless Landlord has received advance written notice delivered a result of Landlord’s negligence or willful misconduct.” 16. Section 5.2 (d) shall be deleted in its entirety. 17. Paragraph 4 of the Addendum to Lease shall be deleted in its entirety and replaced as follows: “During the Lease Term, Tenant will provided to Landlord, a clean, unconditional, irrevocable, payable-at-sight letter of credit, which shall conform, in all material respects to the form attached hereto as Exhibit (use same exhibit as already in the lease) in the stated principal amount of $1,500,000.00, drawn on a bank chartered in North Carolina and approved by Landlord (“LOC”). Tenant’s designated building manager from Tenant requesting such services prior to 3:00 P.M. current LOC satisfies the foregoing requirements. The LOC shall name Landlord as its beneficiary and shall remain outstanding until 30 days after the expiration of the day upon which such services are requested or by 3:00 P.M. Lease Term, including all extensions and renewals. If there shall be a monetary event of default under the Lease, in addition to the remedies set forth in Section 11.2 of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Lease, Landlord such advance shall have the right immediately, without further notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, draw on the LOC in whole or in partpart at Landlord’s sole discretion to reimburse Landlord for the default and all related costs. Notwithstanding the forgoing, or entitle Landlord shall provide Tenant the right to any abatement or diminution cure said monetary default provided such default is cured within seven business days. Tenant must provide to Landlord a replacement letter of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing credit in the same system as Tenant requests amount and with the same Overtime Periods terms, and pay to Landlord a nonrefundable fee of $2,500.00 to reimburse Landlord for its costs associated with drawing upon the same services LOC. The LOC may be reduced by Tenant as Tenantfollows: a. beginning on month 37 of the Renewal Term: to $1,250,000.00; b. beginning on month 49 of the Renewal Term: to $1,000,000.00; c. beginning on month 61 of the Renewal Term: to $750,000.00; and d. beginning on month 73 of the Renewal Term: to $500,000.00. In the event Tenant can provide evidence of $10,000,000.00 in positive stockholder’s equity after the completion of an initial public offering, Tenant may replace the charge to LOC with a cash security deposit in the amount of $500,000.00. Tenant shall be adjusted pro rataprovide Landlord with the prospectus and any other reasonable materials requested by Landlord to prove such financial requirements.”

Landlord Services. 11.1 LANDLORD, at LANDLORD’S cost and expense (subject to reimbursement as ADDITIONAL RENT pursuant to the terms of this LEASE), shall cause the following services to be provided: (a) From provide lawn care and after the date that Tenant first occupies any portion of the Premises landscaping for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):PROPERTY COMMON AREA; (ib) Landlord shall furnish air provide snow shoveling and snow and ice removal from the parking area, sidewalks, drives and roadways on the PROPERTY COMMON AREA; (c) provide general external and structural maintenance to the BUILDING; (d) keep in good order and repair and maintain, in accordance with all applicable laws, rules and regulations, the fire water pump, pump house, sewer, water, gas, electrical and fire lines located at the PROPERTY; (e) maintain and service the heat, air-conditioning, ventilation ventilation, mechanical, electrical, gas and heat plumbing systems for the LEASED PREMISES, the BUILDING, the TENANT SUITE and the PROPERTY COMMON AREA; (“HVAC”f) provide a dumpster near the BUILDING for TENANT’s use for ordinary and customary office refuse; (xg) cause the BUILDING, the LEASED PREMISES, TENANT SUITE and the PROPERTY COMMON AREA to comply with all applicable laws, ordinances, rules and regulations including, but not limited to, the Americans with Disability Act (subject to reimbursement as OPERATING EXPENSES pursuant to Section 6.3 and 6.4 hereof); (h) provide janitorial services to the common areas lobbies, hallways and restrooms of the Building, including TENANT SUITE and the Building lobby BUILDING. Notwithstanding anything to the extent such areas would customarily be provided with such services and (y) to the Premisescontrary set forth in this LEASE, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further TENANT acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant TENANT shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment cleaning and lighting and all other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such janitorial services at the Building Rate. As used hereinLEASED PREMISES, at TENANT’s sole cost and expense as set forth in Section 10.3 hereof; 11.2 If any interruption of utilities or essential services that (1) results from LANDLORD’S default hereunder or LANDLORD’S negligence, (2) is within the term “Building Rate” LANDLORD’S reasonable control to correct and (3) does not result from TENANT’S default or failure to maintain hereunder or TENANT’S negligence, shall mean Landlord’s cost continue for more than fifteen (15) consecutive days and shall render the LEASED PREMISES untenantable for the normal conduct of providing HVAC servicesTENANT’S business, as reasonably determined by Landlord (without additional charge), computed a pro rata portion based upon the untenantable square feet of the LEASED PREMISES of the NET RENT and ADDITIONAL RENT and other payments hereunder shall axxxx from the period beginning on the basis sixteenth (16th) consecutive day of (a) such interruption and continuing until and to the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. extent use of the day upon which such LEASED PREMISES is restored to TENANT. LANDLORD shall have no other or further liability to TENANT for any interruption or suspension of heating, air-conditioning, ventilation, electric, plumbing, mechanical services are requested or by 3:00 P.M. of to the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rataLEASED PREMISES.

Landlord Services. Except as otherwise herein provided, Landlord will pay for the water utilized in operating any and all facilities serving the Leased Premises, and in addition, subject to Tenant's performance of its obligations hereunder, Landlord will use all reasonable efforts to furnish Tenant, while occupying the Leased Premises: (a) From Cold and after hot water at those points of supply provided for general use of other tenants in the date building, central heat and air conditioning, at such times as Landlord normally furnishes these services to other tenants in the Building, and at such temperatures and in such amounts as are considered by Landlord to be sufficient, (or at temperatures otherwise required by law), janitor services on a five (5) day week basis, electric current, routine maintenance, painting and electric lighting service for all public areas and special service areas to the Building the manner and to the extent deemed by Landlord to be sufficient. Failure by Landlord to any extent to furnish these defined services, or any interruption or cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for injury or damages to either persons or property, nor shall such event be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of the equipment or machinery break down, or for any cause cease to function property. Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom so long as Tenant shall have reasonable access to and use of the Leased Premises, (b) Landlord shall provide adequate electrical facilities to furnish power for Tenant's business requirements to include, but not be limited to, typewriters, voice writers, calculating machines, computers, printers, facsimile machines, copiers and other machines of similar low electrical consumption; provided, however, that Tenant first occupies shall bear any portion utility costs, including, without limitation, air conditioning costs occasioned by electro-data processing machines, date processing equipment, other machines of high electrical consumption, special lighting in excess of building standard, and any other item of electrical equipment which (singly) consumes more than 0.5 kilowatts at rated capacity or requires voltage other 120 volts single phase. To the extent permitted by law before or during the term of this lease, Landlord, at its option, may cause a water meter or electric current meter or such similar device to be installed on the Leased Premises so as to measure the amount of water and electric current consumed by Tenant, The cost of any such meters and of installation, maintenance, and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord, promptly upon demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord is prevented from installing a separate meter by operation of law, such excess cost for such water and electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant. (c) Tenant shall have 20 general parking spaces and 2 covered reserved parking spaces. Landlord reserves the right to designate the location of such spaces. For each parking space. Tenant shall pay to Landlord ( as Additional Rent hereunder) the sum of $ 0 or a total sum of $ 0 per month for all parking spaces provided by Landlord to Tenant. It is specifically agreed and understood that Tenant and all employees and agents of Tenant will park in the areas designated by Landlord, and that Tenant, its employees and agents shall not park On the area at the front of the Premises Building, inasmuch as these areas are intended specifically for visitors of the conduct tenants in the building. For the benefits of all tenants in the Building, the Landlord at Landlord's sole discretion, shall have the right to issue parking stickers to Tenants and Tenant’s business's employees and agents, so that the vehicles belonging to tenants of the Building can be distinguished from those belonging to visitors and invitees at the Building. Landlord, as a service to the tenants of the Building, shall use reasonable efforts to enforce these regulations, and shall have the authority to cause vehicles owned by tenants at the Building (including the Tenant) to be towed away at the expense of the owner of such tenant parking. It is specifically agreed and understood that except as provided for herein above, Landlord shall continue to operate have the sole discretion of designating parking spaces in areas at the Building and in charging fees for parking at the Building, Tenant shall not charged for use of their parking spaces as noted above. The rules and regulations pertaining to parking at the Building shall be subject to change from time to time, according to such changes as published by Landlord in the same manner as it is being operated as rules and regulations of the date hereof and Building, or otherwise. Landlord shall furnish Tenant with repair and maintain the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas structural portions of the Building, including the Building lobby basic plumbing, air conditioning, heating, and electrical systems, unless such maintenance and repairs are necessitated in part or in whole by the act. neglect, fault, or omissions of Tenant, its agents, servants, employees, or invitees, in which case Tenant shall pay to Landlord the extent reasonable cost of such areas would customarily maintenance and repairs. Landlord or its agents shall rot be provided with such services and (y) liable for any damage to property entrusted to employees of the PremisesBuilding, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the Specifications nor for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice loss or damage to any and all mechanical installations property by theft or otherwise, nor for any injury to or damage to persons or properties resulting from fire, explosion, falling plaster. steam, gas. electricity, water or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due CO the gross negligence or willful misconduct of Landlord, including air-coolingits agents, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant servants or employees. Landlord or its agents shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with the moving be liable for loss of Landlord’s equipment to and from the enclosures containing said installations. Neither business by Tenant, nor its agentsfor any consequential damages, employees nor shall Landlord be liable for any latent defect in the Leased Premises or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed Building except to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable arearepair such defect. Tenant shall be responsible for give prompt notice to Landlord in case of fire or accident in or on the proper distribution of HVAC throughout each floor of the Leased Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at in the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost or of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesdefects therein. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested liable or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge responsible to Tenant shall be adjusted pro ratafor any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric Service or other utility service is changed or is no longer available or is no longer suitable for Tenant's requirements.

Landlord Services. (a) From a. Preventive maintenance service for Tenant's heating, ventilating and after air-conditioning system; landscaping, streetscaping, parking lot repair and maintenance and sweeping and electrical power for the date that Tenant first occupies any portion Common Areas and lighting for the Common Areas of the Property and other areas of the Property; b. Cleaning and janitorial service five (5) days each week throughout the Term so that the exterior Common Areas of the Building and/or Property are cleaned according to the standards set forth in the janitorial service specifications attached as EXHIBIT E; c. Water and sewer reasonably used in the Premises and the Common Areas with the exception of commercial enterprises which require excessive amounts of water for the conduct of Tenant’s their business, Landlord shall continue the latter cost thereof being paid as Additional Rent hereunder as billed to operate the Building in the same manner as it is being operated as of the date hereof Tenant by Landlord; and Landlord shall furnish Tenant with reserves the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) right to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to enter the Premises, during the with forty-eight (48) hours between 8:00 A.M. and 6:00 P.M. on Business Daysprior written notice (facsimile notice is acceptable) so as to minimize any interference with Tenant's business, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time excepting therefrom in the event of an emergency, to install and maintain pipes, energy submeters, conduits and other appurtenances in the soffit or other space above the ceilings or ceiling line, the walls and under any emergency and at all floors of the Premises, which appurtenances or the like may be for other times upon reasonable prior notice tenants of the building in which the Premises is situated. Subparagraphs (a) through (d) shall collectively be referred to as "Landlord's Services." The failure by Landlord, to any and all mechanical installations extent, to furnish, or the interruption or termination of Landlord's Services, including air-coolingin whole or part, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant resulting from causes beyond the reasonable control of Landlord shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access theretorender Landlord liable in any respect, or unreasonably interfere with the moving nor be construed as an eviction of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agentswork an abatement of Aggregate Monthly Rent, employees nor relieve Tenant from the obligation to fulfill any covenant or contractors agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall at any time enter the said enclosures have no claim for offset or tamper with, adjust abatement of rent or touch or otherwise damages on account of an interruption in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancyservice resulting therefrom. Tenant further acknowledges shall contract directly with the utility company for all electrical, water, janitorial, and telephone provided to the Premises; provided that Landlord shall use commercially reasonable efforts to restore any Landlord Service which has been interrupted, as soon as practicable. Notwithstanding the normal operation foregoing, if any of the HVAC System Landlord's Services are not restored within five (5) business days, Tenant's Aggregate Monthly Rent under this Lease shall axxxx each day after such five (5) business day period that such service is not designed restored. If Landlord fails to provide sufficient cooling perform any maintenance or repair work required hereunder within thirty (30) days following Landlord's receipt of portions written notice from Tenant of the Premises which shall have an electrical load need for such repairs (or such period of time in excess of four thirty (430) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises days, as is reasonably necessary based upon its design criteriathe nature of such work, occupancy, equipment provided Landlord commences and lighting and other factors which affect diligently pursues the effective cooling or heating of each floor. work during such thirty (iii30) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periodsday period), then Tenant shall pay Landlord as Additional Charges for be permitted to make such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost repairs upon delivery of providing HVAC services, as reasonably determined by Landlord an additional three (without additional charge), computed on the basis of (a3) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance business days' prior written notice delivered to Landlord’s designated building manager from Landlord indicating that Tenant requesting will be undertaking such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance noticerepairs, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to and Tenant shall be adjusted pro rataentitled to recover from Landlord the reasonable costs of such repairs made by Tenant.

Landlord Services. (a) From 17.01 Tenant shall have access to and after the date that Tenant first occupies any portion use of the Premises and Building in their entirety 24 hours a day, 7 days a week, 365 days a year (“24/7/365”). All services to be provided by Landlord under this Lease shall be provided 24/7/365. Landlord shall provide a dedicated property manager during Business Hours, who shall be on call 24/7/365, with direct contact information for the conduct of use by Tenant after Business Hours. At Tenant’s businessoption, upon request to Landlord, such property manager shall be stationed at and work from an office on-site at the Premises. 17.02 Landlord shall continue to maintain and operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioningheating, ventilation and heat air conditioning apparatus (“HVAC”) (x) sufficient to maintain a comfortable temperature in the common areas Premises for general office use and the particular requirements of the BuildingTenant’s Intended Use, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the performance specifications set forth on Exhibit F (the “HVAC Specifications”) and in accordance with the operational criteria set forth in the Construction Documents. Landlord will ensure that the HVAC system(s), including all controls and related components, are in good operating condition on the Commencement Date. Tenant shall have the ability to control the HVAC system(s) to provide for a comfortable temperature throughout the Premises during the hours that Tenant requires HVAC use. Landlord covenants to meet the HVAC Specifications at all times during the Lease Term. 17.03 Landlord shall at all times during the Lease term repair, operate and maintain the Building in a manner consistent with other Class A office and laboratory buildings in the Wilmington, Delaware area. Without limiting the generality of the foregoing, but subject to the limitations set forth in Section 5, Landlord will provide at its cost, subject to reimbursement as Operating Expense: (i) janitorial services for HVACthe entire Premises, which are consistent in time and scope with other Class A office and laboratory buildings in the Wilmington, Delaware area, and in accordance with the specifications set forth on Exhibit G attached hereto and made a part hereof or such other specifications as Exhibit E. Landlordprovided by Tenant; provided, throughout however, that Tenant may, at its option, elect to contract for janitorial services directly in whole or in part, in which case, the Termcosts of janitorial services contracted for directly by Tenant shall not be included in Operating Expenses; (ii) hot and cold water sufficient for drinking, lavatory, toilet and ordinary cleaning purposes; (iii) electricity as provided in Section 17.04; (iv) replacement of lighting tubes, lamp ballasts and bulbs; (v) extermination and pest control when necessary, reasonably coordinated with Tenant, at Tenant’s election; (vi) maintenance, repairs and replacements of the roof, structural components of the Building and all building systems including, without limitation, the Building HVAC system(s), plumbing, electrical, elevators and other systems and equipment in the Building; and (vii) maintenance of exterior areas surrounding the Building in a first class manner consistent with other Class A buildings in the Wilmington, Delaware area, including monument signage, lighting, snow removal, lawn care, landscaping, parking lot and sidewalk maintenance, repair and replacement. 17.04 Landlord will furnish electricity (subject to the provisions of Section 5.02) for lighting the Premises, operating a data center, operating machinery and equipment selected from time to time by Tenant for use in the Premises, including, without limitation, in laboratory, vivarium and general office space. The specifications for Tenant’s electric requirements are set forth in the Basis of Design and Test Fit Documentation and incorporated into the Construction Documents. 17.05 Landlord shall have free access operate and maintain the freight and passenger elevators that are located inside the Premises on the Effective Date, all of which shall at all times comply with industry standards for wait times and travel times; provided, however, the operation of any of the elevators may be interrupted or suspended for reasonable periods of time for periodic repairs, maintenance or replacements; provided further, in all events at least one (1) passenger elevator must be in normal operation at all times. 17.06 Landlord shall not be responsible or liable for, and, except as hereinafter provided, Tenant agrees that there shall be no abatement of rent in the event of any emergency and at all failure, interruption, or suspension in quantity or quality of, heat, air conditioning, cleaning, electricity, or elevator service, or any other times upon reasonable prior notice to any and all mechanical installations of Landlordservices, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions resulting from Tenant’s acts or other obstructions which may unreasonably interfere with omissions or causes beyond Landlord’s free access theretoreasonable control; provided, however to the extent such failure, interruption or unreasonably interfere with the moving of suspension is caused by Landlord’s equipment to act, negligence or willful misconduct and from the enclosures containing said installations. Neither Tenantsuch failure, nor its agents, employees interruption or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), suspension renders the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) xxxxx per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost of providing HVAC servicesreasonably unsuitable, as reasonably determined by Landlord’s Architect in consultation with Tenant, recognizing the particular requirements of Tenant’s Intended Use, for the conduct of the Intended Use, Rent shall xxxxx if such suspension or inadequacy is not corrected within 72 hours and shall continue until the Premises are reasonably suitable for the Intended Use. Such abatement shall be Tenant’s sole remedy for such failure, interruption or suspension; provided, however, in any and all instances, Landlord (without additional charge)covenants to exercise commercially reasonable efforts to eliminate the cause of interruption and to effect restoration of service, computed and, in either event, Landlord shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such interruption. 17.07 Landlord represents and warrants that the Building parking area(s) located on the basis Leased Land, as depicted on Exhibit A-2, shall at all times contain the Parking Allotment, as defined in Basic Lease Provision “P.” Tenant, its employees and invitees shall comply with the regulations promulgated by Landlord from time to time relating to parking; provided Landlord gives Tenant prior written notice of (a) such regulations and an opportunity to implement the cost of labor same; and (b) charges provided, further, that such regulations do not result in additional, material financial or operational obligations for electricity and other utilitiesTenant. Landlord shall not be required to furnish reserve or police the use of the Parking Areas; provided that Landlord may, at its option, limit access to the Parking Areas, by mechanical gates or otherwise, to ensure that only authorized users are admitted to the Parking Areas. Tenant, its employees and invitees shall not park in any spaces designated for use by the handicapped, unless legally permitted to do so. Tenant, its employees, guests and invitees shall have exclusive use of the Parking Areas except for incidental use by Landlord, its agents, employees or contractors. 17.08 Landlord shall reasonably cooperate to provide any such additional services as Tenant reasonably requests, it being understood that the actual, out of pocket cost of any such services during any Overtime Periods unless shall be borne by Tenant as Operating Expenses. 17.09 Tenant acknowledges that Landlord has received advance written notice delivered intends to Landlord’s designated building manager from Tenant requesting engage a company to manage and operate the Building and Premises (the “Management Company”), which Management Company shall, in all instances, manage and operate the Building in a first class and cost competitive manner; provided that such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods engagement shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant Landlord from any of its obligations under this Lease. The initial Management Company is set forth in Basic Lease Provision M. The fee paid to the Management Company may be included in Operating Expenses, subject to the limitations set forth in Section 5.03 of this Lease. Tenant shall have the right to approve any replacement Management Company, which approval shall not be unreasonably withheld, conditioned or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance delayed, provided that such Management Company shall be a reputable, regionally-recognized property manager experienced in managing suburban office and laboratory properties in the tri-state market, and Tenant shall have the right, at Tenant’s option, to Tenant, or injury to or interruption replace the Management Company with a Management Company of Tenant’s business choosing in the event of a Landlord default in the provision of services pursuant to Section 17. In the event that Tenant replaces the Management Company pursuant to the prior sentence, Tenant shall have the option to cause Landlord to engage such replacement manager or otherwisefor Tenant to directly engage such replacement manager. If more than one tenant utilizing In the same system as event that Tenant requests directly engages the same Overtime Periods manager, no further management fees may be included by Landlord in Operating Expenses. Any replacement Management Company must be a reputable, regionally-recognized property manager experienced in managing suburban office and laboratory properties in the tri-state market. Any such Management Company directly contracted by Tenant shall perform all management services in accordance with the requirements of this Lease, and Landlord shall not be responsible for the same services as TenantManagement Company’s performance of management responsibilities under the management contract (including responsibility for delays in Landlord’s performance wholly attributable to delays by the Management Company); provided, however, nothing herein shall relieve the charge Landlord of the performance of the landlord obligations hereunder. Landlord shall have the right to Tenant approve any replacement Management Company if Landlord shall be adjusted pro ratathe contracting party, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant must give Landlord sixty (60) days (or such lesser period of time as may be specified by Tenant if such lesser period of time does not cause a breach by Landlord under its then existing property management agreement) prior written notice of such replacement.