Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. 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 to Tenant the services set forth in this Article 9 (the “Building Services”). 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 on the last Business Day preceding such Saturday, it 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”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord a special charge (“Extra 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 Extra Hours Charge will be a standard hourly rate determined by Landlord from time to 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. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement therefor.

LANDLORD'S SERVICES. Provided Tenant is not in default under any Subject to the availability of necessary service from the provisions of this Lease beyond applicable notice and cure periods provided hereinappropriate public utility or other entity responsible for providing such service, Landlord shall shall, at Landlord's expense, except as provided to the contrary in this Lease, furnish to Tenant in the services occupied portion of the Premises the following services, which shall be of a standard of quality for buildings "comparable" to the Building: (a) Air-conditioning and central heat at such temperatures and in such amounts as are customary for buildings "comparable" to the Building, during normal business hours for the Building as set forth in this Article 9 the Rules and Regulations attached as Exhibit "C" attached hereto and incorporated herein for all purposes. (b) Janitorial cleaning services in the “Premises and public and exterior portions of the Building Services”). Tenant acknowledges that Landlord is required to furnish air coolingfor all days, heat except Saturdays, Sundays and ventilation services (collectively, “HVAC Services”) during Building Hoursholidays; provided, however, if Tenant's floor covering or other improvements is other than Building Standard, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent within thirty (30) days of the presentation of a statement therefor by Landlord. Such services will be provided at such times and in accordance with Annex 1 hereto. (c) Hot and cold water at those points of supply provided for general use of other tenants in the Building. (d) Normal and customary routine maintenance for all public, structural, and exterior portions of the Project according to standards customary for office buildings "comparable" to the Building. (e) Electric lighting service for all public portions of the Project in the manner and to the extent customary for office buildings "comparable" to the Building. (f) Automatic passenger elevator service for access to and egress from the Premises. Freight elevator service, in common with other tenants, shall be provided during reasonable business hours as prescribed by Landlord, exclusive of Saturdays, Sundays, and holidays. Landlord may reduce the number of elevators operating outside of business hours. (g) All Building Standard fluorescent bulb replacement in all common and public areas, toilet and restroom areas and stairwells, and the electrical power required for Building Standard fluorescent fixtures; provided, however, bulb replacement required for lights in the Premises which are above Building Standard shall be paid for by Tenant in a manner determined by Landlord, in Landlord's reasonable discretion. (h) Electrical facilities to furnish sufficient power for typewriters, calculating machines, personal computers and other machines of similar low electrical consumption such that the total electrical power available shall be at least six wattx xxx square foot of rentable area; but not including electricity required for electronic data processing equipment, special lighting in excess of Building Standard, and any other item of electrical equipment, the electrical power equipment of which (singly) is more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 110/120 volts single phase; and provided that Landlord shall only not be obligated to provide HVAC Services during dedicated circuits or electrical power in excess of Building Hours on Standard and provided that if the installation of said electrical equipment requires additional air conditioning capacity above that provided by the Building Standard system, then the additional air conditioning installation and operating costs will be the obligation of Tenant. Landlord, at its option, may cause a Saturday if Tenant requests water meter, electric current meter or such HVAC Services by notice prior similar device to 12:00 PM be installed on the on Premises so as to measure the last Business Day preceding amount of water and electric current consumed by Tenant. The cost of any such Saturdaymeters and of the installation, it being understood that there maintenance and repair thereof shall be no Extra Hours Charge paid for HVAC Services provided on a Saturday during Building Hoursby Tenant and Tenant agrees to pay Landlord, after thirty (30) days of demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord is prevented from installing a separate meter by operation of law or other cause beyond Landlord's control, such excess costs for such water and electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant. Landlord and Tenant desires HVAC Services outside Building Hours (such period referred agree that in the event Landlord adopts a new method for measuring, allocating and charging for electrical usage within the Building, the Lease shall be amended to herein as “Extra Hours”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: reflect the new method. (i) Tenant pays Security services standard for office buildings i "comparable" to the Building, including, without limitation, an electrically controlled security card access system controlling access to the Building and parking garage, which will grant access to individuals with authorized cards. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICIENCY OF ANY SUCH SECURITY PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY SUCH SECURITY PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT (EXCLUDING LANDLORD'S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT). Notwithstanding anything hereinabove to the contrary, Landlord a special charge (“Extra Hours Charge”), and (ii) Tenant’s request for Extra Hours HVAC Services is received by Landlord prior to 12:00 PM on reserves 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 Extra Hours Charge will be a standard hourly rate determined by Landlord right from time to timetime to make reasonable modifications to the above standards for utilities and services that are provided to all tenants in the Building. Without limiting Landlord’s right to increase its charge for Extra Hours HVAC ServicesHome Interiors & Gifts, the initial Extra Hours Charge will be $75.00 per hour per zone and is subject to a minimum two (2) hour billing period. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement therefor.Inc. Granite Tower at The Centre, 8/17/1999

LANDLORD'S SERVICES. Provided Tenant is not in default under any of 13.1. Landlord agrees to provide during the provisions of this Lease beyond applicable notice and cure periods provided herein, Landlord shall furnish to Tenant Term the services set forth listed in Section 13.2. Services provided during Business Hours are included in Operating Expenses pursuant to Article 5 except as otherwise expressly provided in this Article 9 (the “Building Services”)13. Services utilized by Tenant acknowledges that during other than Business Hours shall not be part of Operating Expenses, but shall be billed to Tenant by 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 on the last Business Day preceding such Saturday, it 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”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord a special charge (“Extra Hours Charge”), and (ii) basis of Tenant’s request usage of such services, as requested by Tenant from time to time, as the charge for Extra Hours HVAC Services such 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 Extra Hours Charge will be a standard hourly rate reasonably determined by Landlord from time to time. Without limiting LandlordLandlord shall make all of the services available to Tenant during other than Business Hours provided that Tenant gives Landlord sufficient notice of Tenant’s right to increase its charge requirement for Extra Hours HVAC Servicesthe additional service (in the case of heating and air-conditioning, the initial Extra notice required by Section 13.2). 13.2. Services shall consist of the following: (i) Hot and cold water at points of supply provided for general use of the tenants in the Building; central heat and air conditioning in season, at such temperatures and in such amounts as are set forth in Exhibit “G” attached hereto and made a part hereof provided, however, that heating and air conditioning service to the Premises and to the interior Common Areas at times other than for Business Hours Charge will shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. the date preceding the date for which such use is requested. For the first year of the Term, heating and cooling additional services shall be billed at the rate of $75.00 per hour 45.00 per zone per Building floor for each hour of use or part thereof (thereafter, Landlord may increase the charge therefor based on any increases in the cost of providing such services); provided, however, if other tenants of Landlord on the same floor request additional heating or cooling service at the same time that Tenant requests additional heating and is subject cooling service, the cost thereof shall be shared by Tenant and such other tenants in proportion to the rentable area of the floor leased by Tenant and such other tenants. (ii) Repair and maintenance and electric lighting service for all Common Areas including repair and maintenance of the elevators, repair, maintenance, cleaning and snow removal in the parking areas and exterior sidewalks, and care, maintenance and replacement of landscaped areas of the Property. (iii) Janitor service, as described in Exhibit “D” attached hereto and by this reference made a minimum two part hereof, provided, however, if Tenant’s floor or wall coverings or other improvements (2including, without limitation, kitchen and dining facilities, if any) hour billing period. require special treatment, Tenant shall pay the Extra Hours Charge additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. If Landlord fails to Landlord provide proper cleaning services in accordance with Exhibit “D” and such failure is not corrected within fifteen three (153) days after receipt Tenant delivers notice of the same, and if such failure to correct occurs on more than three (3) occasions in any consecutive twelve (12) month period, then Tenant may hire its own cleaning contractor to provide cleaning services to the Premises. If Tenant does hire its own cleaning contractor to provide cleaning services to the Premises Landlord shall be relieved of the obligation to provide same, and the cost to Landlord of cleaning the Premises shall not be included in Operating Expenses. (iv) All fluorescent and incandescent bulb replacement in the Premises necessary to maintain the lighting provided as part of the Tenant’s Improvements and fluorescent and incandescent bulb replacement in the Common Areas. Replacement of fluorescent and incandescent bulbs in the Premises shall be provided either by Tenant at its own expense or by Landlord at Tenant’s expense based on prices quoted to Tenant in advance of Landlord’s installation of same, and not included in Operating Expenses. Replacement of bulbs in spaces leased to other tenants of Landlord shall be billed to said tenants on an individual basis and not included in Operating Expenses. Replacement of bulbs in the Common Areas shall be included in Operating Expenses. (v) Electricity for normal office use, as set forth on Exhibit “G”. (vi) Landlord’s services do not include security services within the Premises. (vii) Landlord shall provide access to the Premises on a statement therefor24 hour per day, 365 day per year basis, provided, however, Tenant shall comply with such security measures as Landlord employs from time to time which are applicable to all tenants in the Building. 13.3. The failure of Landlord to any extent to furnish, or the interruption or termination of, the services provided for in this Article in whole or in part resulting from the events described in the definition of Excusable Delay shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services cease to function properly for any cause, Tenant shall have no claim for offset or abatement of rent or damages on account of reasonable interruption in service occasioned thereby or resulting therefrom. Landlord shall proceed with due diligence to restore any interruption in services. Landlord shall have the right to temporarily interrupt services in order to make emergency repairs or replacements to, or to otherwise service, the Building’s systems. Service interruption for non-emergency repairs must be scheduled at non-business hours or a specific date and time that are mutually acceptable to the Tenant and Landlord, but in any event within three (3) days of Landlord’s request to schedule same.

LANDLORD'S SERVICES. Provided 7.1.1 Landlord covenants during the Term: (a) To furnish, through Landlord’s employees or independent contractors, electricity (for lights, convenience receptacles, and normal office machines and equipment in the Premises, subject to Section 7.2 below, and for the Common Areas serving the Premises), heat, air conditioning and ventilation to maintain commercially reasonable temperatures and general cleaning services to the Premises (excepting the Basement Space) and the Common Areas serving the Premises (including the lavatories and the lobbies) to a level customarily provided by operators of first-class buildings such as the Building; it is understood, however, that heat, air conditioning and ventilation and certain other services shall only be furnished during Normal Building Operating Hours. (b) To furnish, through Landlord’s employees or independent contractors, additional Building operation services upon reasonable advance request of Tenant is not at rates from time to time established by Landlord to be paid by Tenant at a level customarily provided by operators of first-class buildings such as the Building provided the same may be reasonably and conveniently provided by Landlord. Tenant hereby agrees to pay to Landlord the cost of such additional services as additional rent promptly after demand by Landlord. Landlord shall have the right from time to time to increase the rates or charges for such additional services provided such increase reflects the actual increase in default under any obtaining, providing and/or administering the cost of such services. As of the provisions date of this Lease beyond applicable notice Lease, the charge for after hours HVAC service is $50.00 per hour each side (East and/or West) for the fourth (4th) floor space and cure periods provided herein$50.00 per hour per hour for the first (1st) floor space and for the Basement Space. (c) To furnish passenger elevator service in common with Landlord and others entitled thereto. (d) To provide use of the Building freight elevator and loading area during Normal Building Operating Hours. (e) To furnish warm water for lavatory purposes and cold water (at temperatures supplied by the Town of Burlington) for drinking, lavatory and toilet purposes. 7.1.2 Landlord shall furnish to Tenant has made arrangements for the services set forth in this Article 9 operation of a cafeteria food service facility (the “Building Services”). Tenant acknowledges that Landlord is required to furnish air cooling, heat and ventilation services (collectively, “HVAC ServicesCafeteria”) in the Building. The Cafeteria will be available for use by Tenant and its employees, together with others, during Building Hoursits hours of operation and in accordance with any rules and regulations that may be established concerning such use. Charges for food and other services provided at the Cafeteria shall be as determined by Landlord (or the operator of the Cafeteria) from time to time in its sole discretion. It is understood and agreed that all use of the Cafeteria and its facilities shall be at the sole risk of Tenant and the employees using same, and Tenant hereby releases Landlord, and the owner or operator of the Cafeteria, from any liability in connection with such use and indemnifies and holds the Landlord, and the owner or operator of the Cafeteria, harmless from and against any loss, cost, liability, damage or expense occasioned by or in any way related to or arising from the use of the Cafeteria by Tenant or Tenant’s employees or by any other party allowed to use same by Tenant or any of its employees. Landlord reserves the right at any time or from time to time, in its sole discretion, to discontinue the Cafeteria, or alter its size, type, location or serving capacity, or its meals or hours of operation or any other aspect thereof; provided, however, that Landlord shall only be obligated agrees to provide HVAC Services during food service in the Building Hours on a Saturday if Tenant requests such HVAC Services in the event no other commercially reasonable food service is offered in the Office Park. Any losses incurred by notice prior to 12:00 PM on Landlord in operating the on the last Business Day preceding such Saturday, it being understood that there Cafeteria shall be no Extra Hours Charge included as part of the Operating Expenses for HVAC Services provided on the Operating Year in which such losses were incurred. 7.1.3 Landlord has made arrangements for the operation of a Saturday fitness center (the “Fitness Center”) in the Building. The Fitness Center will be available for use by Tenant and its employees, together with others so authorized, during Building Hoursits hours of operation and in accordance with any rules and regulations that may be established by Landlord or such operator concerning such use, as the case may be. If Tenant desires HVAC Services outside Building Hours (Although there is not currently such period referred to herein as “Extra Hours”)a charge, Landlord will provide HVAC Services reserves the right to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord implement a special charge (“Extra 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 Extra Hours Charge will be a standard hourly rate Fitness Center as determined by Landlord (or the operator of the Fitness Center) from time to time in its sole but reasonable discretion. It is understood and agreed that all use of the Fitness Center and its facilities and equipment shall be at the sole risk of Tenant and the employees using same, and, to the maximum extent this agreement may be made effective according to law, Tenant hereby releases Landlord, and the owner or operator of the Fitness Center, from any liability in connection with such use and indemnifies and holds the Landlord, and the owner or operator of the Fitness Center, harmless from and against any loss, cost, liability, damage or expense occasioned by or in any way related to or arising from the use of the Fitness Center by Tenant or Tenant’s employees or by any other party allowed to use same by Tenant (and approved by Landlord or such operator) or any of its employees. Landlord reserves the right at any time or from time to time. Without limiting Landlord’s right , in its sole discretion, to increase discontinue the Fitness Center, or alter its charge for Extra Hours HVAC Servicessize, type, location or serving capacity, or its hours of operation or any other aspect thereof. 7.1.4 All costs incurred by Landlord in connection with foregoing services shall be included as part of the initial Extra Hours Charge will be $75.00 per hour per zone Operating Expenses as and is subject to a minimum two (2) hour billing period. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement thereforextent provided in Section 8.2.

LANDLORD'S SERVICES. Provided Tenant is not in default under any of the provisions of this Lease beyond applicable notice and cure periods provided herein, 7.1 Landlord shall furnish to Tenant the services set forth in this Article 9 for which the Building is equipped, to the extent that the existing facilities for such services permit, except that heat and air-conditioning, as required, shall be furnished only between the hours of 8:00 A.M. and 6:00 P.M. Monday through Friday; 8:00 A.M. and 12:00 P.M. Saturdays (the “Building Services”Sundays and national holidays excluded). Notwithstanding the foregoing, it is understood and agreed that the Tenant acknowledges shall have twenty-four (24) hour access to the Building at all times. Landlord shall, at its cost and expense, install a submeter to measure Tenant's use of electric energy at the leased premises and may also install a bypass switch to measure and monitor hours of overtime usage by Tenant at the rate of $40.00 per hour during the first year of the term hereof and thereafter, said hourly charge shall be increased annually by the percentage increase in electric and gas utility rates for the Building operation, if any. If a bypass switch may not be installed, Tenant agrees that it will keep a log of its overtime hours and furnish to Landlord is required monthly a statement of any such overtime. Landlord reserves the right to furnish air coolingestablish such other methods of monitoring overtime use, heat and ventilation services Tenant agrees to comply with any such reasonable regulations, which regulations in any event shall apply to all other tenants of the Building. 7.2 Electric energy for Tenant's requirements within the leased premises (collectivelyexcluding HVAC), “HVAC Services”) during including Tenant's electric for lighting, electric typewriters, adding machines, copying machines, work processors, and any other similar electricity requirements, as are customarily used in a general business office, shall be paid for by tenant to the Landlord, based upon a Landlord handling fee and the charges indicated by the submeter which shall be installed by Landlord to monitor such electric usage within the leased premises. Any requirements for high energy computers shall be only with the express written consent of Landlord who reserves the right to require Tenant to pay any additional costs attributable to such high energy use including any additional requirements for air-conditioning attributable to such use or installation of additional power service. 7.3 Tenant agrees not to connect any additional electrical equipment of any type to the Building Hours; providedelectric distribution system over and above that equipment shown on Tenant's Plan without the Landlord's prior written consent, however, Landlord shall only not unreasonably withhold such consent. Landlord shall not be obligated liable in any way to provide HVAC Services during Building Hours on a Saturday if Tenant requests such HVAC Services by notice prior to 12:00 PM tenant for any failure or defect in the supply or character of electric energy furnished on the on leased premises by reason of any requirement, act or omission of the last Business Day preceding such Saturday, it being understood that there public utility serving the Building with electricity. Tenant's use of electric energy in the leased premises 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 not at any time exceed the capacity of any of the electric conductors and equipment in or otherwise serving the leased premises. 7.4 Janitorial services are as referred to herein as “Extra Hours”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord on Schedule "E" annexed hereto and made a special charge (“Extra 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 Extra Hours Charge will be a standard hourly rate determined by Landlord from time to 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. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement thereforpart hereof.

LANDLORD'S SERVICES. Provided Tenant is not in default under any hereunder and subject to the availability of necessary service from the provisions of this Lease beyond applicable notice and cure periods provided hereinappropriate public utility or other entity responsible for providing such service, Landlord shall shall, at Landlord's expense, except as provided to the contrary in this Lease, furnish to Tenant in the services occupied portion of the Premises the following services: (a) Air-conditioning and central heat at such temperatures and in such amounts as are reasonably considered to be standard for the Building, during normal business hours for the Building as set forth in this Article 9 the Rules and Regulations attached as Exhibit "C" hereto. (b) Janitorial cleaning services in the “Premises and public and exterior portions of the Building Services”). Tenant acknowledges that Landlord is required to furnish air coolingfor all days, heat except Saturdays, Sundays and ventilation services (collectively, “HVAC Services”) during Building Hoursholidays; provided, however, if Tenant's floor covering or other improvements is other than Building Standard, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of a statement therefor by Landlord. (c) Hot and cold water at those points of supply provided for general use of other tenants in the Building. (d) Normal and customary routine maintenance for all public, structural, and exterior portions of the Project according to Landlord's reasonable standards. (e) Electric lighting service for all public portions of the Project in the manner and to the extent reasonably deemed by Landlord to be standard for comparable buildings in the market area. (f) Automatic passenger elevator service for access to and egress from the Premises. Freight elevator service, in common with other tenants, shall be provided during reasonable business hours as prescribed by Landlord, exclusive of Saturdays, Sundays, and holidays. Landlord may reduce the number of elevators operating outside of business hours. (g) All Building Standard fluorescent bulb replacement in all common and public areas, toilet and restroom areas and stairwells, and the electrical power required for Building Standard fluorescent fixtures; provided, however, bulb replacement required for lights in the Premises which are above the Building Standard ratio shall be paid for by Tenant in a manner determined by Landlord, in Landlord's reasonable discretion. (h) Electrical facilities to furnish sufficient power for typewriters, calculating machines, personal computers and other machines of similar low voltage electrical consumption such that the total electrical power consumption shall not exceed two xxxxx per square foot of rentable area; but not including electricity required for electronic data processing equipment, special lighting in excess of Building Standard (defined as one (1) 2'x4' fluorescent fixture per eighty (80) net usable square feet), and any other item of electrical equipment, the electrical power equipment of which (singly) is more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 110/120 volts single phase; and provided that Landlord shall only not be obligated to provide HVAC Services during dedicated circuits or electrical power in excess of Building Hours on a Saturday Standard and provided that if Tenant requests the installation of said electrical equipment requires additional air conditioning capacity above that provided by the Building Standard system, then the additional air conditioning installation and operating costs will be the obligation of Tenant. Landlord, at its option, may cause an electric current meter or such HVAC Services by notice prior similar device to 12:00 PM be installed on the on Premises so as to measure the last Business Day preceding amount of electric current consumed by Tenant. The cost of any such Saturdaymeters and of the installation, it being understood that there maintenance and repair thereof shall be no Extra Hours Charge paid for HVAC Services provided on a Saturday during Building Hoursby Tenant and Tenant agrees to pay Landlord, promptly upon demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord is prevented from installing a separate meter by operation of law or other cause beyond Landlord's control, such excess costs for such electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant. Landlord and Tenant desires HVAC Services outside Building Hours (such period referred agree that In the event Landlord adopts a new method for measuring, allocating and charging for electrical usage within the Building, the Lease shall be amended to herein as “Extra Hours”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: reflect the new method. (i) Tenant pays to Security services as Landlord a special charge (“Extra 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 Extra Hours Charge will be a standard hourly rate determined by Landlord may from time to timetime reasonably deem to be standard for comparable buildings in the market area. Without limiting Landlord’s NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY SUCH SECURITY PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY SUCH SECURITY PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT. Notwithstanding anything hereinabove to the contrary, Landlord reserves the right from time to increase its charge time to make reasonable modifications to the above standards for Extra Hours HVAC Services, utilities and services that are provided to all tenants in the initial Extra Hours Charge will be $75.00 per hour per zone and is subject to a minimum two (2) hour billing period. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement thereforBuilding.

LANDLORD'S SERVICES. Provided Tenant is not in default under any of the provisions of this Lease beyond applicable notice and cure periods provided herein, (a) Landlord shall furnish furnish: (i) during Business Hours, base building heat and air conditioning required for the Demised Premises (at levels described in Exhibit C-2 hereto) and the electricity to Tenant the power same; (ii) access and elevator service including one weekend elevator; (iii) restroom supplies; (iv) cleaning services as set forth in this Article 9 (the “Building Services”Janitorial Specifications” (hereinafter so called), annexed hereto as Exhibit E, on weekdays, excluding Holidays and weekends, and (v) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services so long as Landlord gives at least five (5) days' notice of any changes. (b) Tenant acknowledges that Landlord is shall have access to the Demised Premises 24 hours per day, 7 days per week, 365 days per year. If Tenant requests overtime HVAC service, Tenant shall be responsible, at its sole cost and expense, for any and all building services required and attributable to furnish air cooling, heat such excess use charged at the rates set forth in Landlord's Rules and ventilation services (collectively, “HVAC Services”) during Building HoursRegulations; provided, however, that notwithstanding anything contained in the Rules and Regulations, Tenant shall not be charged for any such excess use of building services (i) during the period between 9:00 a.m. and 1:00 p.m. on Saturdays or (ii) if, after the date of this Lease, Landlord shall only be obligated to provide HVAC Services during adds as Business Holidays additional days which are not listed as Building Hours Holidays on a Saturday if Tenant requests such HVAC Services by notice prior to 12:00 PM on the on the last Business Day preceding such Saturday, it 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 Exhibit D hereto (such period additional days, if any, being referred to herein as “Extra HoursAdditional Days”), during the period between 8:00 a.m. and 6:00 p.m. on any Additional Days. Payment for excess use of services shall be deemed Rent and shall be paid to Landlord monthly, together with Base Rent. (c) Landlord shall maintain and provide services for the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Area. Access to the parking in the Parking Area shall be granted 4 cars per each 1,000 rentable square feet (i.e. 82 cars for 20,410 rentable square feet). Landlord will provide HVAC Services designate ten percent (10%) of the number of parking spaces to which Tenant is granted access pursuant to the preceding sentence (i.e., 8 spaces) as “reserved” for Tenant. (d) Landlord shall not be liable for any losses or damages caused by interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such Extra Hours provided that: interruption. Landlord shall use its best efforts to restore services after interruption. Notwithstanding the foregoing, if the Demised Premises is rendered totally untenantable for five (5) consecutive business days after written notice thereof from Tenant to Landlord due to an interruption of services, the Rent shall be abated during the period of such interruption of services unless such interruption was caused by (i) Tenant pays to Landlord a special charge (“Extra Hours Charge”)Tenant, and or (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 Extra Hours Charge will be a standard hourly rate determined by Landlord from time to time. Without limiting circumstances beyond 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. Tenant shall pay the Extra Hours Charge to Landlord within fifteen (15) days after receipt of a statement therefor's reasonable control.