Common use of Landlord’s Responsibilities Clause in Contracts

Landlord’s Responsibilities. Landlord shall furnish Utilities to the Premises in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant agrees that Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and uses, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter with respect to the Building 154 Premises). Tenant shall pay Landlord as Demand Services for all Utilities consumed on the Premises as measured by such meters and as read by Landlord periodically (charges for sewer service shall be calculated as a percentage of water consumed). Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that in the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations in the Premises for thirty (30) continuous days or longer, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord on or before the date which is sixty (60) days after such curtailment, limitation, rationing or restriction commenced.

Landlord’s Responsibilities. (a) Landlord shall furnish Utilities to the Premises in accordance with correct, repair or replace, at Landlord’s current practices 's sole cost and standards for the Propertyexpense and not as a Project Cost, subject to temporary shut down for repairs, for security purposes, for any non-compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant agrees that Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and uses, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (Building exterior and the Common Areas with all applicable building permits and codes in effect as of the Commencement Date, including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas)the provisions of Title III of the Americans With Disabilities Act ("ADA") in effect as of the Commencement Date. The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation Said costs of a water meter with respect to the Building 154 Premises). Tenant shall pay Landlord as Demand Services for all Utilities consumed on the Premises as measured by such meters and as read by Landlord periodically (charges for sewer service compliance shall be calculated as a percentage Landlord's sole cost and shall not be part of water consumed)Project Costs. Landlord shall not correct, repair or replace any non-compliance of the Building exterior and the Common Areas with any revisions or amendments to the ADA in effect after the Commencement Date, provided that the amortized cost of such repairs or replacements (amortized over the useful life thereof using a market cost of funds reasonably determined by Landlord) shall be included as Project Costs payable by Tenant. All other ADA compliance issues which pertain to the Premises, including, without limitation, in default under this Lease or be liable for connection with Tenant's construction of any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive alterations or other eviction improvements in the Premises (and any resulting ADA compliance requirements in the Common Areas), the Tenant Improvements and the operation of Tenant's business and employment practices in the Premises, shall be deemed to have occurred by reason ofthe responsibility of Tenant at its sole cost and expense. Landlord shall, during the initial Lease Term, correct, repair or replace, at Landlord's sole cost and expense and not as a Project Cost, any interruption failure of the structural components of the roof, foundations, footings and load-bearing walls of the Building. The repairs, corrections or failure replacements required of Landlord or of Tenant under the foregoing provisions of this Section 2.4 shall be made promptly following notice of non-compliance from any applicable governmental agency. (b) Landlord warrants to supply Tenant that the Shell Building Improvements as defined in the Discovery Outline Specifications (as defined in the Work Letter) and the Tenant Improvements to be completed pursuant to the Work Letter shall be free from defects in workmanship or delay materials for a period of twelve (12) months from the Commencement Date. Landlord shall promptly rectify any non-compliance at its sole cost and expense after receipt of written notice from Tenant within such time setting forth the nature and extent of any such non-compliance. Landlord shall obtain customary warranties and guaranties from the contractor(s) performing the Tenant Improvement work and/or the manufacturers of equipment installed but shall be under no obligation to incur additional expense in supplying order to obtain or extend such warranties. If after expiration of the initial twelve (12) months of the Lease Term, Tenant is required to make repairs to any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use component of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or any of its systems for which Landlord may have obtained a warranty, Landlord shall, upon request by Tenant, use its good faith efforts to pursue its rights under any such warranties for the Propertybenefit of Tenant. Landlord shall be under no obligation to incur any expense in connection with asserting rights under such warranties or guaranties against either the contractor or the manufacturer, whether but shall use reasonable good faith efforts to enforce such results from mandatory restrictions or voluntary warranties and guaranties for Tenant's benefit. (c) Notwithstanding the provisions of Section 7.2 of this Lease, Landlord agrees to maintain and repair, at its sole cost and expense and not as an Operating Expense the structural components of the roof and Building, including floor/ceiling slabs, columns, beams, walls and the foundations and footings of the Building during the initial Lease Term. If a non-compliance with guidelines; providedthe foregoing warranty exists, howeverLandlord shall, that in promptly after receipt of the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations in the Premises for thirty (30) continuous days or longer, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord on or before from Tenant setting forth the date which is sixty (60) days after nature and extent of such curtailmentnon-compliance, limitation, rationing or restriction commencedrectify same at Landlord's sole cost and expense.

Landlord’s Responsibilities. (a) During the period from the Effective Date until the applicable Utilities Transition Date, Landlord shall furnish such Utilities to the Premises in accordance with Landlord’s current practices the Utility Plan (provided, however, Tenant agrees that Landlord has no obligation to provide steam services, vacuum line services, chilled water services, telecommunications or data communications services, cable television services, or other Utilities that Landlord does not typically provide to tenants and standards for other users and occupants of the Property), subject to capacity limitations of Landlord's Utility systems and the related infrastructure, and subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws Laws, or due to any event or occurrence beyond Landlord’s 's reasonable control. Tenant agrees that Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and uses, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter with respect to the Building 154 Premises). Tenant shall pay Landlord as Demand Services for all Utilities consumed on the Premises as measured by such meters and as read by Landlord periodically (charges for sewer service shall be calculated as a percentage of water consumed). Landlord shall not be in default under this Lease or be liable for any damage or loss Claim directly or indirectly resulting from, nor shall the rent Rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines; providedguidelines so long as Utilities Eire made equitably available to all users and occupants thereof. Landlord shall have the right, howeverat its option, that to transfer, assign, delegate or otherwise convey its Utilities systems or its obligations to furnish Utilities pursuant to this section 8.1(a) to a third party. In such event, Xxxxxx shall execute such documents as may reasonably be required in connection with such transaction. (b) Beginning on the applicable Utilities Transition Date and continuing as provided in the event Utility Plan, Tenant shall furnish such Utilities desired by Tenant in accordance with the Utility Plan. Landlord shall not be in default under this Lease or be liable for any such Claim directly or indirectly resulting from, nor shall the Rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any water or any limitation, curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes on use of water, whether such results from mandatory restrictions or voluntary compliance with Tenant’s ability guidelines so long as water is made equitably available to perform all users and occupants thereof. Landlord shall have the right, at its operations option, to transfer, assign, delegate or otherwise convey its water systems or its obligations to furnish water pursuant to this section 8.1(b) to a third party. In such event, Xxxxxx shall execute such documents as may reasonably be required in connection with such transaction. (c) If Landlord provides operation, maintenance and/or upgrades to the components of any Utility systems that serve the Premises for thirty (30) continuous days or longerincluding repairs, capital improvements, replacement, and separation of such components of the Utility systems), Tenant shall have pay for its pro rata share of the right cost of such operation, maintenance and/or upgrade as Additional Rent in accordance with section 5.2 and the Utility Plan, provided, that (i) Landlord shall not undertake any upgrade or capital improvement or separation of a Utility system unless requested by Tenant (and Tenant may elect to terminate this Lease undertake such work itself at Tenant's sole cost and expense), and (ii) Landlord will provide to Tenant upon request supporting documentation detailing the cost to operate, maintain and/or upgrade the Utility systems. If Tenant no longer desires for Landlord to provide maintenance of the Utility systems or any portion thereof, Tenant shall request the same in writing at least one (1) year in advance (or such shorter period to the extent allowed by delivering written notice to Landlord's then existing contract for the maintenance of the applicable Utility system). If Landlord performs emergency repairs on or before the date which is sixty (60) days after components of any Utility systems solely serving the Premises, Tenant shall reimburse Landlord for the expenses incurred by Landlord for such curtailment, limitation, rationing or restriction commencedrepairs.

Landlord’s Responsibilities. As of the Commencement Date, the Premises and the Building shall comply in all material respects with Governmental Requirements (as interpreted by applicable governmental or quasi-governmental authorities as of the Commencement Date), without regard to any specific use of the Premises by Tenant. If Landlord or Tenant receives written notice from any governmental or quasi-governmental authority that any portion of the Premises or the Building violated Governmental Requirements as of the Commencement Date, Landlord shall furnish Utilities not be liable to Tenant for any damages, but Landlord, at no cost to Tenant, shall, as Tenant’s sole remedy, perform such work or take such other action as may be necessary to cure such violation, but only to the Premises in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant agrees extent that Landlord’s practices failure to perform such work or take such other action would prohibit the issuance of a certificate of occupancy for the Premises or would otherwise materially and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and uses, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for adversely affect Tenant’s use, use or occupancy or enjoyment of the Premises Premises. Notwithstanding the foregoing, (i) Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, Tenantthe right to apply for and obtain a variance or waiver or deferment of compliance, the right to assert any and all defenses allowed by law, the right to rely upon a grandfathered right in order to achieve compliance with Governmental Requirements, and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law, and Landlord’s needs, If obligation to perform work or take such other action to cure a violation under this Section 7.1(a) shall apply after the exhaustion of any for additional and all rights to appeal or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service contest; and water service (following Tenant’s installation ii) issuance of a water meter temporary or final certificate of occupancy with respect to the Building 154 Premises). Tenant shall pay Landlord as Demand Services Improvements (or if such certificates are not customarily issued for all Utilities consumed such work by the local governmental authority, then the final inspection and sign-off on the Premises as measured job card for such work by such meters and as read by Landlord periodically (charges for sewer service the building inspectors(s)), shall be calculated as a percentage conclusively establish the compliance of water consumed). Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or and the Property, whether such results from mandatory restrictions or voluntary compliance Building with guidelines; provided, however, that in the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations in the Premises for thirty (30) continuous days or longer, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord on or before the date which is sixty (60) days after such curtailment, limitation, rationing or restriction commencedGovernmental Requirements.

Landlord’s Responsibilities. (a) During the Term, Landlord shall may furnish Utilities to the Premises reasonably requested by Tenant, in accordance with Landlord’s then current practices and standards for the PropertyPremises and Property (provided, however, Tenant agrees that Landlord has no obligation to provide steam services, vacuum line services, chilled water services, telecommunications or data communications services, cable television services, or other Utilities that Landlord does not typically provide to tenants and other users and occupants of the NRP South Campus), subject to capacity limitations of Landlord’s Utility systems and the related infrastructure, and subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws Laws, or due to any event or occurrence beyond Landlord’s reasonable control. If Tenant agrees that requires Utility capacity exceeding the existing capacity of Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and usesUtility systems, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter with respect to the Building 154 Premises). then Tenant shall pay Landlord as Demand Services for bear all Utilities consumed on costs and expenses to provide the Premises as measured by such meters and as read by Landlord periodically (charges for sewer service shall be calculated as a percentage of water consumed)additional Utility capacity. Landlord shall not be in default under this Lease or be liable for any damage or loss Claim directly or indirectly resulting from, nor shall the rent Rent be abated or nor shall a constructive or other eviction be deemed to have occurred by reason of, (i) any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or (ii) any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether if such results from mandatory restrictions or voluntary compliance with guidelines; provided, howeverso long as Utilities are made equitably available to all users and occupants of the Property and the Premises. Landlord may transfer, assign, delegate or otherwise convey to a third party its Utilities systems and/or its obligations to furnish Utilities pursuant to this Section 9.1(a), provided that such transaction shall not result in a diminished capacity to serve the Premises. In the event of such a transaction, Tenant shall execute such documents as may reasonably be required in connection with such transaction. (b) If Tenant desires that Landlord provide any Demand Service, Tenant shall request the same in writing describing in reasonable detail the scope of the Demand Service. Landlord shall promptly provide Tenant with an estimated cost for those Demand Services Landlord is willing to provide (if any). If Tenant elects to have Landlord provide any such curtailmentDemand Service, BE 543 154 EUL Final 120511 SAA2 – 402658 limitationTenant shall pay the costs thereof as Additional Rent in accordance with Section 7.10. (c) In addition to the foregoing, rationing Landlord will provide to or restriction materially interferes with Tenant’s ability respect to perform its operations in the Premises law enforcement, structural fire response and periodic Fire Marshal inspections, Hazardous Materials first response, emergency medical response services, fire alarm monitoring, environmental oversight, remediation monitoring, safety and health services oversight, off- Premises infrastructure maintenance, and maintenance and repair of water mains, sewer mains and storm drainage mains and Streets and Roadways located on or within or leading to the Premises (collectively, the “UDA Services”). The foregoing notwithstanding, the UDA Services shall not include supplying any Utilities to or with respect to the Premises. UDA Services to be so provided by Landlord shall be not less, in quality or quantity, than Landlord’s practices and standards for the Property as of the Effective Date. If at any time Landlord fails to so provide any UDA Service and such failure continues for a period of thirty (30) continuous days following written notice of such failure from Tenant (or longersuch additional period of time as is reasonably necessary provided that Landlord commences to cure such failure within the thirty (30) day period and diligently completes the same), then Tenant shall have the right (but not the obligation) to terminate this Lease substitute the UDA Service by delivering written notice contracting for and obtaining a similar service (subject to the approval of Landlord, not to be unreasonably withheld, delayed or conditioned, in order to assure that the contracted service is of a quality similar to that which would have otherwise been provided by Landlord on or before as part of UDA Services), and Tenant shall be entitled to a credit against the date which is sixty (60) days after UDA Services Amount and Base Rent, in that order, in the amount of all costs incurred by Tenant in connection with obtaining such curtailment, limitation, rationing or restriction commencedsimilar service.

Landlord’s Responsibilities. Subject to the provisions of Paragraph 15 below, Landlord shall furnish Utilities maintain in reasonably good order and repair the structural roof, structural and exterior walls (including painting thereof) and foundations of the Building and the entire Common Area. In addition, Landlord may elect at any time at its option while Tenant is in default of its obligations to maintain and repair same or as otherwise expressly provided in Paragraph 10.2 below, to repair and maintain the heating, ventilation and air conditioning systems of the Premises. Tenant shall give prompt written notice to Landlord of any known maintenance work required to be made by Landlord pursuant to this Paragraph 10.1. Except as expressly provided in Paragraph 2.3 and Exhibit C, the costs of (i) painting the exterior of the Premises which are the obligation of Landlord hereunder, (ii) repair and maintenance of the heating, ventilation and air conditioning systems, if Landlord elects to repair and maintain the same, and (iii) repair, maintenance and replacement, if necessary, of the Common Area shall be a Common Area Charge and Tenant shall pay, as Additional Rent, Tenant’s share of such costs to Landlord as provided in accordance with LandlordParagraph 12 below. If Landlord fails to perform its maintenance obligations hereunder, such failure materially and adversely affects Tenant’s current practices and standards for operations within, or access to, the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws or due to any event or occurrence beyond Landlord’s reasonable control. Tenant agrees that Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and usesPremises, and Landlord makes no representations or warranties fails to cure the same within a reasonable period of time, then Tenant regarding the adequacy or fitness may perform such obligations on Landlord’s behalf and shall be entitled to prompt reimbursement by Landlord of any Utilities for Landlord’s proportionate share, if any, of Tenant’s useactual, occupancy reasonable costs in taking such action (it being understood and agreed, however, that if Tenant cures Landlord’s maintenance or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter repair responsibilities with respect to the Building 154 Premises). Common Area or Landlord’s repair or maintenance responsibility with respect to the heating, ventilation and air conditioning systems, Tenant shall pay Landlord as Demand Services for all Utilities consumed on the Premises as measured by such meters and as read by Landlord periodically (charges for sewer service shall be calculated as a percentage of water consumed). Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed entitled to have occurred by reason of, any interruption claim reimbursement from Landlord of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that in the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations percentage share of such costs or charges incurred by Tenant in the Premises for effecting such cure (as defined in Paragraph 1.10 of this Lease). Within thirty (30) continuous days or longerafter receipt of a reasonably particularized invoice from Tenant of such costs, Landlord shall reimburse Tenant for Landlord’s proportionate share, if any, of the amount set forth in such invoice to be reimbursed by Landlord. If Landlord fails to reimburse Tenant within thirty (30) days of such invoice, then, as Tenant’s sole remedy, Tenant shall have may bring an action against Landlord to recover such amount owed by Landlord to Tenant plus interest thereon at the right maximum rate permitted by law until such amount owing by Landlord to terminate this Lease by delivering written notice to Landlord on or before the date which Tenant is sixty (60) days after such curtailment, limitation, rationing or restriction commencedpaid in full.

Landlord’s Responsibilities. Landlord shall furnish Utilities maintain or cause to be maintlined, and after receiving notice or actual knowledge of the need for repair, shall repair and/or rdplace (as necessary) all structural and non-structural portions of the Building roof, Building SYftems (as hereafter defined), including HVAC maintenance (other than Tenant's Specialty Systems, the maintenance, repair and replacement of which shall be Tenant's sole responsibility), Common Areas (as hereafter defined) and Structural Elements ( as hereafter defined), in a manner consistent with the level of maintenance and repair customary for a Class A office building in the same subfuarket as the Building, provided that, to the Premises in accordance with Landlord’s current practices and standards for extent any of such maintenance or repairs is rendered kecessary by the Property, subject to temporary shut down for repairs, for security purposes, for compliance with any Applicable Laws negligence or due to any event willful misconduct of Tenant or occurrence beyond Landlord’s reasonable control. Tenant agrees that Landlord’s practices and standards do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and usesTenant's Agents, and Landlord makes no representations or warranties to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter with respect is not subj~ct to the Building 154 Premises). waiver(s) of claims and subrogation set forth in Article 19 of this Lease, Tenant shall pay be pbligated to reimburse Landlord as Demand Services for all Utilities consumed on the Premises as measured by such meters and as read costs sustained by Landlord periodically (charges for sewer service in connection therewith, which reimbursement shall be calculated as a percentage of water consumed). Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that in the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations in the Premises for due no later than thirty (30) continuous days after Landlord's written demand. Landlord will also enforce all construction and equipment warranties for the benefit of Tenant. For the purposes of this Section 7, "Building Systems" shall mean the mechanical, electrical, ~ umbing, elevator, sprinkler, and HVAC systems serving the Building and located inside or longeroutside of the confines of the Premises or Building, as well as the base building security systems Iand any communications equipment, wiring and cabling servicing the Building (but only to the pOft where telephone service enters and connects to the Building, and not from such point of connection to the Tenant's equipment, which shall remain Tenant's responsibility) but shall exclude an~ Tenant Specialty Systems and equipment (including without limitation special cooling systems, ~lectrical subpanels, etc.) installed by Tenant to provide supplemental cooling or other special utility service to computer rooms or other special areas of the Premises and which are not part of the Base Building Improvements (as defined in Exhibit g. "Common Areas" shall have mean those areas of the right Land which are available from time to terminate this Lease by delivering written notice to Landlord time for the non-exclusive use of Tenant and other tenakts of the Building and Project, such as the sidewalks, parking areas, driveways and landscaping! exterior storm water management, sanitary sewer and similar water, sewer and utility systems, an~, within the Building, shall mean the elevators, mechanical rooms, and electrical and telephone closets, stair towers, and Building restrooms on or before each floor of the date Premises which is sixty (60) days after such curtailmentmulti-tenanted, limitationall as ~e same may be configured from time to time; and "Structural Elements" shall mean the structural components of the Building's base building improvements, rationing or restriction commenced.including structural components which integrate with the interior tenant improvements within the Premises, including without limithtion the foundations, exterior structural walls and other load-bearing elements of the Building. I 7.2

Landlord’s Responsibilities. Landlord shall furnish Utilities represents and warrants that except as set forth in any environmental reports made available to Tenant which are listed on Exhibit 27A attached hereto, (a) any handling, transportation, storage, treatment, or use of hazardous or toxic substances or wastes that have occurred on the Premises prior to the Premises Commencement Date have been in accordance with Landlord’s current practices and standards for the Property, subject to temporary shut down for repairs, for security purposes, for compliance with all applicable federal, state and local laws, regulations and ordinances; (b) no leak, spill, release, discharge, emission or disposal of Hazardous Materials has occurred on the Premises while Landlord has been the owner of RiverTech Park; and (c) that as of the date hereof (and later but solely to the extent of and within the areas of any Applicable Laws or due to any event or occurrence beyond work done on the Premises by Landlord’s reasonable control. Tenant agrees that Landlord’s practices and standards ), the Premises do not include Utilities in quantities exceeding those typically and reasonably necessary for average office building environments and usescontain any asbestos, and radon gas or PCBs. Landlord makes no representations or warranties covenants to Tenant regarding the adequacy or fitness of any Utilities for Tenant’s use, occupancy or enjoyment of the Premises (including, without limitation, Tenant’s needs, If any for additional or unique heating, ventilation, air conditioning, electricity or natural gas). The Parties acknowledge that the Buildings are separately metered for electricity service, natural gas service and water service (following Tenant’s installation of a water meter comply with all legal requirements with respect to any Hazardous Materials which may be discovered in, on, or under the Premises, unless and to the extent such substances were introduced by Tenant, or any Tenant's Representative. Landlord further covenants to conduct any investigation, removal and/or remediation activities in a manner so as to reasonably minimize any disruption of Tenant's operations on the Premises. Landlord shall indemnify, defend and hold Tenant and all Tenant's Representatives harmless from and against all claims, costs and liabilities, including attorneys' fees arising out Landlord's breach of its obligations under this Section and including for any Hazardous Materials present, in, on, under, through or about any portion of the Premises, Building 154 Premises). Tenant shall pay Landlord 2 or RiverTech Park as Demand Services for all Utilities consumed of the date hereof (and later but solely to the extent of and within the areas of any work done on the Premises as measured by Landlord). Further, Landlord expressly acknowledges that the costs of any such meters and as read by Landlord periodically (charges for sewer service removal of Hazardous Materials shall be calculated at Landlord's sole cost and expense and shall not be included in Basic Operating Costs or otherwise passed on to Tenant as a percentage of water consumed)additional Rent. Landlord agrees to cooperate with Tenant in connection with Tenant filing for and seeking to obtain and/or renew any required flammable materials storage permit including if so required signing the application from and other submission materials and applying for such permit in Landlord's name; provided that (1) Landlord shall not incur any liability with respect thereto Tenant agreeing to indemnify, defend and hold Landlord harmless with respect thereto and (2) all of the foregoing shall be in default under this Lease or be liable at Tenant's sole expense and Tenant shall reimburse Landlord for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred expenses reasonably incurred by reason of, any interruption of or failure to supply or delay in supplying any Utilities or Demand Services or any limitation, curtailment, rationing or restriction on use of water, electricity, natural gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines; provided, however, that in the event any such curtailment, BE 543 154 EUL Final 120511 SAA2 – 402658 limitation, rationing or restriction materially interferes with Tenant’s ability to perform its operations in the Premises for thirty (30) continuous days or longer, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord on or before the date which is sixty (60) days after such curtailment, limitation, rationing or restriction commencedLandlord.