Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. (a) Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Section 28, as follows: (ai) Landlord shall cause the Premises to be cleaned at least five (5) nights weekly; (ii) Landlord shall furnish seasonal on or to each floor of the Building normal and customary water, lavatory supplies, automated elevator service, and men’s, women’s, and/or individual unisex restrooms with cold and hot water; and (iii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant’s use. Tenant’s usage of the electrical 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 reasonable estimation will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant shall have access to electrical closets in the Building reasonably necessary for the operation of the Premises. All electrical engineering design or contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices from Landlord regarding the design, installation, consumption, metering, billing, and maintenance of the electrical facilities for Tenant’s use shall be paid within thirty (30) days of Tenant’s receipt thereof; and (iii) Landlord shall furnish seasonable air conditioning and heating from 7:00 during normal business hours (8:00 A.M. to 6:00 P.M. on Mondays Monday through Fridays Friday and from 9:00 8:30 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”)Landlord. As of the date of this Lease, Holidays which are observed by Landlord are New Year’s Day, Xxxxxx Xxxxxx Xxxx Years’ Day, Memorial Day, Independence Day, Labor Day, ThanksgivingThanksgiving Day and the following Friday, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by LandlordDay. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenantsame, but at Tenant’s expense and at such hourly rates as may be determined from time to time by LandlordLandlord ($50.00 per hour as of the Effective Date, but subject to change), which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one within thirty (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (1030) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving receipt of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installationsa xxxx therefor. If Tenant installs equipment which in Landlord’s opinion reasonable estimation produces enough heat to cause comfort problems in effect the heating and cooling demands of the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system at Tenant’s actual and reasonable expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering metering, billing, and consumption of electricity for supplemental air conditioning. Any conditioning and to maintain such system shall be maintained, equipment at Tenant’s sole cost expense. Furthermore, Landlord shall provide commercially reasonable routine maintenance, painting, and expenseelectrical lighting service of common areas of the Building; bulb replacement within the Premises, using Landlord’s standard Building lighting and replacements; and otherwise maintain the public, common, and service areas of the Building in a manner consistent with first-class office buildings in the Birmingham, Alabama area. Non-exclusive, passenger vehicle parking shall be provided by a contractor reasonably approved by Landlord for the use of Tenant without any charge (other than Tenant’s Share of Excess Expenses). Notwithstanding the foregoing, if any interruption in Landlord’s services to be provided under this Lease is interrupted due solely to the negligence or willful misconduct and such interruption rendered the Premises untenantable for the use permitted under this Lease and such untenantability continues for more than five (5) consecutive business days, then Base Rental shall xxxxx proportionately to the degree of untenantability, from the sixth (6th) consecutive business days throughout the period of untenantability. Landlord shall be named as an additional beneficiary under agrees to use commercially reasonable efforts to minimize any warranty on the supplemental air conditioning systemsuch interruption of services.

LANDLORD'S SERVICES. (a) In general, Landlord shall furnish seasonal air conditioning maintain, repair and heating replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M. P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on Mondays through Fridays the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from 9:00 A.M. until 1:00 P.M. on Saturdays time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (“Business Hours”30) except holidays observed by days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the City of Atlanta, State of Georgia, utilities and equipment within the federal government or labor unions servicing the Building (“Business Days”). As Premises as of the date Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, New Year’s DayTenant shall not, Xxxxxx Xxxxxx Xxxx Daywithout first having obtained Landlord's prior written consent, Memorial Dayinstall or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, Independence Dayappliances, Labor Day, Thanksgivingmachines or equipment, the Friday after Thanksgiving installation, maintenance and Christmas Day are holidays observed by costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by consent of Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with consent Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlordunreasonably withhold. Landlord shall in no event be named as an additional beneficiary liable for failure to perform any of its obligations under this Lease 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 warranty on governmental authority, or failure of supply, or inability by the supplemental air conditioning systemexercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease.

LANDLORD'S SERVICES. (a) Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, . Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system.

LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the Premises with (ai) Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. electricity subject to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date Item 10 of this Lease; (ii) heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, New Year’s DaySundays and holidays) reasonably required for the occupation of the Premises, Xxxxxx Xxxxxx Xxxx Daysuch heat and air conditioning to be provided by utilizing the existing systems in the Building, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving it being expressly understood and Christmas Day are holidays observed agreed by the parties that Landlord specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air conditioning; (iii) elevator service; (iv) lighting replacement for Building Standards lights; (“Holidays”)v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first class office buildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The Holidays foregoing services are subject to change from time to time by Landlorddesignated "Building Standard". Should Tenant desire either heating or air conditioning Monday - Friday 6:00 a.m. - 6:00 p.m. Saturday 7:00 a.m. - 2:00 p.m. Additional hours billed at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord$35.00 per hour. Tenant agrees to keep that Landlord is only responsible for Building Standard maintenance and cause to Building Standard services. If other, more complete or special services and maintenance (over Building Standard) are required, then Tenant solely shall be kept closed and is responsible for same and for any expenses and costs of any nature whatsoever associated with same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non- Building Standard HVAC systems and facilities serving the Premises, etc. Landlord warrants and represents that all window coverings, if any, when necessary because systems are in good working order and repair as of the sun’s positioncommencement date hereof, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection best of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energyLandlord's ability. Landlord will shall not be responsible liable for failure any damages directly or indirectly resulting from, nor shall any Rent herein set forth be reduced or abated by reason of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet installation, use, or interruption of usable area or if Tenant shall use of any equipment in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes connection with the normal operation furnishing of any of the HVAC Systemforegoing services, or (2) failure to furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord may elect or by the making of necessary repairs or improvements to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or because of any part thereofgovernmental laws, regulations or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause restrictions. The temporary failure to furnish any such services shall not be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named construed as an additional beneficiary under eviction of Tenant or relieve Tenant form the duty of observing and performing any warranty on and all of the supplemental air conditioning systemprovisions of this lease.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows: (ai) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (ii) Landlord shall furnish seasonal electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable air conditioning and heating from pursuant to applicable ASHREA standards during normal business hours (7:00 A.M. AM to 6:00 P.M. on Mondays PM Monday through Fridays Friday and from 9:00 A.M. 8:00 AM until 1:00 P.M. on Saturdays (“Business Hours”) except PM Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”)Landlord. As of the date of this Lease, Holidays which are observed by Landlord are New Year’s Day, Xxxxxx Xxxxxx Xxxx Years Day, Memorial Day, Independence Day, Labor Day, ThanksgivingThanksgiving Day and the following Friday, the Friday after Thanksgiving and Christmas Day are holidays observed by Day. Said air conditioning and heating shall be based on the Building following criteria (“Holidays”based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load). The Holidays are subject to change from time to time by Landlord; a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenantsame, but at Tenant’s expense 's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and at such hourly rates as may be determined from time to time shall, in no event, exceed the rate per kilowatt hour billed by LandlordAlabama Power Company, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installationsbeing billed therefor. If Tenant installs equipment which in Landlord’s 's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s 's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioningconditioning and to maintain such equipment at Tenant's expense, (iv) Standard passenger and freight elevator service when the Building is open and at least one passenger elevator when the Premises are closed. Any The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such system other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be maintainedequitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. the end of said thirty (30) day period unless Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning systemhas restored said Critical Service within said thirty (30) day period.

LANDLORD'S SERVICES. (a) The Landlord shall furnish seasonal air provide all Tenant's water and sewer use and reasonable heating and air-conditioning during the normal heating and heating cooling season between the hours of 8:00 A.M. and 6:00 P.M., during normal business days. The normal cooling season shall be from 7:00 A.M. April 15th to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) October 1st of any given year. Normal business days are all days except holidays observed by the City of AtlantaSaturday, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date of this LeaseSunday, New Year’s Day, Xxxxxx Xxxxxx Xxxx 's Day, Memorial Day, Independence DayJuly 4th, Labor Day, ThanksgivingThanksgiving Day, the Friday after Thanksgiving and Christmas Day are (and the following day when any such day occurs on Sunday) and such other days as Landlord presently or in the future recognizes as holidays observed by the Building (“Holidays”)for Landlord's general office staff. The Holidays are In addition, Xxxxxxxx agrees to furnish elevator service and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all subject to change interruption due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for said building, or to causes beyond Landlord's control. If Tenant shall require air-conditioning, heating or ventilation outside the hours and days above specified, Landlord shall furnish such service and Tenant shall pay therefor such charges as may from time to time by be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may if and as needed at Landlord. Should Tenant desire either heating or air conditioning at other times's option, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time provided by Landlord, which charge Tenant shall pay promptly upon demand by Landlordat Tenant's expense. Tenant agrees to keep and cause to be kept closed all window coveringsNOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, if anyIF DURING THE LEASE TERM THERE IS A LOSS OR INTERFERENCE WITH A BUILDING SYSTEM AND SUCH LOSS OR INTERFERENCE SHALL MATERIALLY INTERFERE WITH TENANT'S USE OF THE PREMISES AS CONTEMPLATED BY THIS LEASE, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energyLANDLORD SHALL PROMPTLY RESTORE SAID BUILDING SYSTEM TO ENABLE TENANT'S USE OF THE PREMISES. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five IN THE EVENT THE BUILDING SYSTEM IS NOT RESTORED WITHIN FIVE (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC SystemDAYS FROM THE DATE OF SUCH LOSS OR INTERFERENCE, Landlord may elect to make changes to the HVAC System or the ductsA JUST PROPORTION OF THE BASE RENT AND ADDITIONAL RENT PAYABLE BY TENANT SHALL XXXXX, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agentsCOMMENCING ON THE DATE OF SUCH INTERRUPTION OR LOSS, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning systemBUT SUCH ABATEMENT OR REDUCTION SHALL END WHEN LANDLORD SHALL HAVE SUBSTANTIALLY RESTORED THE BUILDING SYSTEM.

LANDLORD'S SERVICES. (a) Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 7:00 A.M. until 1:00 P.M. on Saturdays (“"Business Hours”") except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“"Business Days”"). As of the date of this Lease, New Year’s 's Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“"Holidays”"). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s 's expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s 's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one two hundred fifty (150200) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s 's partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s 's free access to mechanical installations in the Premises or interfere with the moving of Landlord’s 's equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. Provided that Tenant's Plans set forth in Exhibit D and Tenant's occupancy ratio do not exceed the formulas set forth in this Subparagraph (a), no Additional Rent or other expense shall be charged by Landlord for HVAC services. If Tenant installs equipment which in Landlord’s 's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s 's approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s 's architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s 's sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system. Landlord shall provide after hours HVAC upon request given twenty-four (24) hours in advance, at Landlord's then current charge. Landlord's current charge is $35.00 per hour.

LANDLORD'S SERVICES. (a) Landlord shall furnish seasonal cause to be furnished to the Demised Premises in common with other Tenants from 8:00 a.m. to 6:00 p.m. Monday through Friday and from ---- ---- 8:00 a.m. to 1:00 p.m. on Saturdays excluding national or state holidays (herein ---- ---- called the "Standard Work Week"), the following services: maintenance of casualty insurance by Landlord on the Building in such form and amount as is satisfactory to Landlord, water to the extent available, electricity to the extent available for normal general office use, removal of trash from site receptacles in accordance with city schedules, normal heating and air conditioning for the reasonably comfortable use and occupancy of the Demised Premises (provided heating and cooling to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service), Building repair and maintenance as set forth in Section 8 below, and Common Area Maintenance as set forth in Section 14 below. All costs resulting from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays Tenant's extraordinary usage of water, heating, air conditioning, electricity, trash removal, or other services provided by Landlord shall be paid by Tenant as additional rent within thirty (“Business Hours”30) except holidays observed days of billing by the City Landlord. Tenant shall not install equipment with unusual demands for any of Atlanta, State of Georgia, the federal government or labor unions servicing Landlord's services without Landlord's prior written consent which Landlord may withhold if Landlord reasonably determines that such equipment is not suitable for the Building (“Business Days”)or may not safely be used therein. As Notwithstanding anything herein to the contrary, upon Tenant's request, Landlord shall provide after hours heating and air conditioning to the Demised Premises at a current charge of the date of this Lease$25.00 per hour as ------ additional rent, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are which charge shall be subject to change upward adjustment from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, as Landlord agrees shall reasonably determine to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense cover its costs and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energyexpenses. Landlord will shall not be responsible for any failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use interruption in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions utility or other obstructions that may interfere with Landlord’s free access services to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning systemDemised Premises.

LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the Premises with (ai) electricity subject to Item (ii) heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air-conditioning; (iii) elevator service; (iv) lighting replacement for customary fluorescent lighting provided by-Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (via) sewerage. The foregoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to change) for HVAC after normal business hours which are: Monday through Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 12:00 noon. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or specialty services and maintenance (over Building Standard) are required, then Tenant solely shall be and is responsible for same and for any and all expenses and costs of any nature whatsoever associated with same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and faculties serving the Premises, etc. Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of me foregoing services, or (2) failure to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the City making of Atlanta, State of Georgia, necessary repairs or improvements to the federal government Premises or labor unions servicing to the Building (“Business Days”)or because of any governmental laws, regulations or restrictions. As The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing each, every, any and all of the date provisions of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system.

LANDLORD'S SERVICES. (a) Provided Tenant is not in default under any of the provisions of this Lease beyond applicable notice and cure periods provided herein, Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays Tenant the services set forth in this Article 9 (the “Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business DaysServices”). As of Tenant acknowledges that Landlord is required to furnish air cooling, heat and ventilation services (collectively, “HVAC Services”) during Building Hours; provided, however, Landlord shall only be obligated to provide HVAC Services during Building Hours on a Saturday if Tenant requests such HVAC Services by notice prior to 12:00 PM on the date of this Leaseon the last Business Day preceding such Saturday, New Year’s Dayit being understood that there shall be no Extra Hours Charge for HVAC Services provided on a Saturday during Building Hours. If Tenant desires HVAC Services outside Building Hours (such period referred to herein as “Extra Hours”), Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord a special charge (“HolidaysExtra Hours Charge”), and (ii) Tenant’s request for Extra Hours HVAC Services is received by Landlord prior to 12:00 PM on the day for which such Extra Hours HVAC Services are requested, unless such day is a Saturday, Sunday or Building Holiday, in which case such request must be received prior to 12:00 PM on the last Business Day preceding such Saturday, Sunday or Building Holiday. The Holidays are subject to change Extra Hours Charge will be a standard hourly rate determined by Landlord from time to time by time. Without limiting Landlord’s right to increase its charge for Extra Hours HVAC Services, the initial Extra Hours Charge will be $75.00 per hour per zone and is subject to a minimum two (2) hour billing period. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant Extra Hours Charge to Landlord as Additional Rent within ten fifteen (1015) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving receipt of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning systemstatement therefor.

LANDLORD'S SERVICES. (a) Landlord shall furnish seasonal air conditioning Landlord, at its sole cost and heating from 7:00 A.M. expense, is responsible to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by maintain the City of Atlanta, State of GeorgiaBuilding, the federal government or labor unions servicing Shell, the Base Building Improvements, the Building (“Business Days”)Systems, the Premises, and the Common Areas. As Except as otherwise specified in this Lease, all work pertaining to the Building, the Shell, the Base Building Improvements, the Building Systems, the Premises, and the Common Areas, including but not limited to repairs, maintenance, Premises and Building utilities, Common Areas utilities, Premises and Building janitorial services, Common Areas janitorial services, sewer and garbage services, insurance, real property taxes, and property management services, pertaining to the Premises, Building, and Common Areas shall be performed by Landlord or its contractors, but, as and to the extent part of the “Operating Expenses” (as defined in Section 7, below), shall be the financial responsibility of Tenant through prorated Operating Expenses as set forth in Section 7, below. In the event that Landlord fails to perform any of such work within 30 days of receipt of notice by Tenant of said failure on Landlord’s part, or, if longer than 30 days is required to perform any such work, in the event Landlord-fails to commence such work within such 30 day period and thereafter fails to diligently prosecute such work to completion, then Tenant shall have the right to perform such work or service and invoice Landlord for the cost and expense of performing such work or offset any Rents then due or payable by Tenant by such invoiced amount if Landlord does not fully pay such Tenant invoices within 30 days; provided that, as and to the extent there are no Rents against which any such costs and expenses can be offset, then, in the event Landlord does not so pay such amounts to Tenant, Tenant shall be entitled to exercise any and all rights or remedies, at law or in equity, to recover any such amounts, together with interest at the rate of twelve percent (12%) from the date such amounts were invoiced until paid by Landlord, a late charge equal to five percent (5%) of the amounts invoiced, and reasonable attorneys’ fees incurred by Tenant by reason of, or in connection with, any such nonpayment by Landlord, from Landlord notwithstanding any other terms or conditions of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day . If utilities or HVAC are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating interrupted for 10% or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy more of the Premises by for more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx consecutive calendar days for any reason other than Force Majeure, or are the result of electricity per usable square foot for lighting an act of Tenant, and powerrenders the Premises unusable, Tenant shall have the right to cease payment of Rents pertaining to the affected portion of the Premises beginning on the day of interruption, prorated until such service is reinstated. If the occupancy rate interruption shall continue for sixty (60) days, Tenant shall have the right, in addition to any other remedies available to Tenant under this Lease, to terminate this Lease. The aforementioned is greater than as described in addition to the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation terms and conditions of attached Exhibit C. Tenant shall notify Landlord of any such interruptions within 24 hours of the HVAC Systemcommencement of the interruption. If the notification is later than 24 hours, the timing pertaining to the interruption will be measured from the time of notification versus the start of the interruption. Further, Landlord may elect has the responsibility to make changes maintain and repair the Building Systems, including but not limited to the HVAC System heating, air-conditioning, ventilation, plumbing, electrical, mechanical and structural systems serving the Common Areas. If, as a result of Landlord’s operation, maintenance and/or repair of the above systems that are Landlord’s responsibility, Landlord or its employees or contractors introduce any “Contaminants” (as defined below), and Tenant or any of its employees, patients, invitees, agents, representatives, or contractors experience symptoms that Tenant alleges may be related to the condition of the Building or the ductsBuilding Systems, and Tenant may give notice of such condition to Landlord, in writing. Such notice shall contain sufficient detailed information regarding the cost condition Tenant believes exists and, further, shall be reimbursed include detailed information regarding the symptoms. Upon receipt of such notice, Landlord shall promptly review the information provided by Tenant relative to the possible Building Systems condition. Unless Landlord disagrees that there is such a condition which needs to be corrected, Landlord shall take or cause to be taken such action as Additional Rent may be necessary or appropriate to correct the condition within thirty (30) days after Landlord’s receipt of such notice from Tenant; provided that, if the condition cannot be corrected within such thirty (30) day period, Landlord shall have such other longer period, not to exceed 270 days, in which to correct any such condition, so long as Landlord shall commence any necessary or appropriate cure within said thirty (30) day period and prosecute the same to completion with reasonable due diligence. If Landlord does not disagree that there is a Building Systems condition which needs to be corrected, but does not correct or commence correcting the condition within the periods specified, Tenant shall have the right and option, upon ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with business days’ notice to Landlord’s free access , to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from take such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord mayreasonable action, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor as may be necessary or appropriate to correct the condition or conditions after obtaining bids and following other procedures, with advance written notice thereof, together with supporting documentation therefor, to Landlord, reasonably approved by Landlorddesigned to minimize the cost of correcting the condition. Tenant shall provide to Landlord evidence documenting the expense of correcting such condition or conditions, and Landlord shall be named obligated to pay the reasonable cost of such corrective actions within ten (10) business days after Landlord’s receipt of evidence documenting the expense of corrective actions. In the event Landlord fails to reimburse the reasonable cost of corrective actions within such ten (10) business day period, Tenant shall thereafter have the right and option to offset any such amounts against Rents owing under this Lease until such time as an additional beneficiary Tenant shall have recovered any and all such amounts or, as and to the extent there are no Rents due or payable under this Lease, Landlord shall immediately pay such amounts to Tenant, then, in the event Landlord does not so pay any warranty on such amounts, Tenant shall be entitled to exercise any and all rights or remedies, at law or in equity, to recover any such amounts, together with interest at the supplemental air conditioning systemrate of twelve percent (12%) from the date such amounts were invoiced until paid by Landlord, a late charge equal to five percent (5%) of the amounts invoiced, and reasonable attorneys’ fees incurred by Tenant by reason of, or in connection with, any such nonpayment by Landlord, from Landlord notwithstanding any other terms or conditions of this Lease. Nothing in this Paragraph shall obligate Tenant to take corrective action with respect to any violation that is within the responsibility of Landlord to correct. Notwithstanding any provision hereof to the contrary, all costs incurred by Landlord under this subparagraph as or to the extent recoverable as Operating Expenses under the terms and conditions of this Lease shall be included within the Operating Expenses, to be allocated and paid by Tenant and the other tenants of the Building, and shall be deemed to be, and included within, the “Operating Expense Increment” (as defined below), if any, to be paid by Tenant as of the next rental payment due date and, thereafter, shall accrue late fees and interest as provided elsewhere in this Lease.

LANDLORD'S SERVICES. Landlord shall, at its expense, famish the Premises -------------------- with (ai) Landlord shall furnish seasonal air conditioning and heating from 7:00 A.M. electricity subject to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date Item 9 of this Lease; (ii) heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, New Year’s DaySundays and nationally-recognized holidays) reasonably required for the occupation of the Premises, Xxxxxx Xxxxxx Xxxx Daysuch heat and air-conditioning to be provided by utilizing the ex1sting Building systems, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving it being expressly understood and Christmas Day are holidays observed agreed by the parties that Landlord specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such beat and air-conditioning; (iii) elevator service; (iv) lighting replacement for customary fluorescent lighting provided by Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily famished in first class office Buildings in the metropolitan area where the Building is located; (“Holidays”)vii) water; and (viii) sewerage. The Holidays foregoing services are subject to change from time to time by Landlorddesignated "Building Standard". Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by LandlordTENANT WILL PAY $ 8.00 PER HOUR PER FLOOR (THIS PRICE IS SUBJECT TO CHANGE) FOR HVAC AFTER NORMAL BUSINESS HOURS WHICH ARE: MONDAY THROUGH FRIDAY 8:00 a.m. -6:00 p.m. Saturday 8:00 a.m. - 12:00 noon. Tenant agrees to keep that Landlord is only responsible for Building Standard maintenance and cause to Building Standard services. If other, more complete or specialty services and maintenance (over Building Standard) are required, then Tenant solely shall be kept closed and is responsible for same and for any and all window coveringsexpenses and costs of any nature whatsoever associated with same. To this end, if anyTenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, when necessary because of among other things, maintaining upgraded Tenant improvements in the sun’s positionPremises, replacing non-Building Standard lighting fixtures and Tenant also agrees at all times to cooperate fully with Landlord bulbs in the Premises, servicing, operating and to abide by all maintaining any separate and non-Building Standard HVAC systems and facilities serving the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heatingPremises, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energyetc. Landlord will shall not be responsible liable for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by more than one reason of, (1) person per one hundred fifty (150) square feet installation, use, or interruption of usable area or if Tenant shall use of any equipment in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes connection with the normal operation furnishing of any of the HVAC Systemforegoing services, or (2) failure to famish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord may elect or by the making of necessary repairs or improvements to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or because of any part thereofgovernmental laws, regulations or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause restrictions. The temporary failure to furnish any such services shall not be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named construed as an additional beneficiary under eviction of Tenant or relieve Tenant from the duty of observing and performing each, every, any warranty on and all of the supplemental air conditioning systemprovisions of this Lease.