Common use of Ordinary Services to the Premises Clause in Contracts

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable area, connected load, to the Premises), (ii) heating and air conditioning appropriate for the Permitted Use during the following hours (collectively, the "Building Hours"): 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of Holidays, (iii) janitorial service (including regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (iv) hot and cold water from points of supply, (v) adequate supplies for restrooms located in the Common Area, (vi) elevator service, provided that, as long as at least one (1) elevator is in service at all times, Landlord shall have the right to remove such elevators from service as may be required for moving, freight or for maintaining the elevators or the Building or for security reasons, (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the year. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable area, connected load, to the Premises)Use, (ii) heating and air conditioning appropriate for the Permitted Use during the following hours (collectively, the "Building Normal Business Hours"): 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of Holidays, (iii) regular janitorial service service, (including iv) regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (ivv) hot and cold water from points of supply, (vvi) adequate supplies for restrooms located in the Common Area, and (vivii) elevator service, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to temporarily remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons, (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the year. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in thethe Building.

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred occurred, and is continuing continuing, and subject to Legal Requirements and Force Majeure eventsexcept during or as a result of emergencies, Landlord shall furnish to the Premises throughout the Term (i) electricity electricity, heating and air conditioning that is commercially reasonably appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable areabetween 7:00 a.m. and 8:00 p.m., connected loadMonday through Friday and between 7:00 a.m. and 12:00 p.m. on Saturday, to except for legal holidays observed by the Premises)federal government, (ii) heating and air conditioning appropriate for the Permitted Use during the following hours (collectively, the "Building Hours"): 8:00 a.m. to 6:00 p.m.reasonable janitorial service, Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of Holidays, (iii) janitorial service (including regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (iv) hot and cold water from points of supply, (v) adequate supplies for the number of restrooms located as required by applicable zoning codes (provided, however, that any change in restrooms subsequent to the Common AreaLease Date shall be the sole responsibility of Tenant) , and (vi) elevator service, if there is an elevator in the Building, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons, (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the yearBuilding. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. Landlord agrees to furnish landscaping and grounds maintenance and snow clearing for the Common Area needed for access to the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, however that Landlord shall be under no responsibility or liability for failure, defect failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the reasonable control of Landlord, nor in any event for any indirect or consequential consequential, incidental or special damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the.

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject Subject to Legal Requirements and --------------------------------- Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable area, connected load, to the Premises)and other items as set forth herein, (ii) heating and air conditioning appropriate for the Permitted Use and other items as set forth herein during the following hours (collectively, the "Building Normal Business Hours"): 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of Holidays, (iii) daily janitorial service (including on days when the Building is open), (iv) regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (ivv) hot and cold water from points of supply, (vvi) adequate supplies for restrooms located in the Common Area, and (vivii) elevator service, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to remove up to three (3) of such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons, (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have provided Tenant's access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the yearis not materially adversely affected thereby. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; , provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in thethe Building.

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable area, connected load, to the Premises), (ii) heating and air conditioning appropriate for the Permitted Use during Building Hours (it being understood that supplemental heating and air conditioning required to serve special use areas contained in the following hours Premises shall be handled in accordance with Section 18.3), (collectively, the "Building Hours"): 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of Holidaysii) janitorial service five (5) days per week, (iii) janitorial service (including regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (iv) hot and cold water from points of supply, (v) adequate supplies for restrooms located in the Common Areaas required by applicable code, (vi) elevator service, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasonsBuilding, and (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the yearelectricity. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. Landlord agrees to furnish landscaping and grounds maintenance and snow clearing for the areas used in common by the tenants of the Building or the Project. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, howeverhowever that, that except as expressly stated in Section 22.8 with respect to essential services, Landlord shall be under no responsibility or liability for failure, defect failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. ; provided, however, that if such failure or inability is the result of Landlord’s negligent or willful misconduct, and if Landlord may comply with voluntary controls is not proceeding diligently to correct such failure or guidelines promulgated pursuant to any Legal Requirements relating to the use inability, and if all or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions substantially all of the Premises which have is rendered unusable by Tenant for a connected electrical load for all purposes continuous period of ten (including lighting 10) consecutive days after Tenant gives Landlord written notice thereof, and power) or which have a human occupancy if Tenant does not in excess fact use the Premises during such period, then, so long as no Event of Default exists, Tenant shall be entitled to an abatement of the average electrical load Base Rent payable hereunder for the period beginning on the day after such ten (10) day period ends and human continuing until the earlier of the date Tenant resumes use or occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep or the window treatments closed, or (D) because date use of the failure by Tenant or its Agents Premises is restored to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in theTenant.

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure eventscontinuing, Landlord shall furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable areaelectricity, connected load, to the Premises), (ii) heating and air conditioning appropriate for the Permitted Use during the following hours (collectively, the "Building Hours"): between 8:00 a.m. to and 6:00 p.m., Monday through Friday, and 8:00 between 9:00 a.m. to and 1:00 p.m. on Saturday, exclusive of Holidaysexcept for legal holidays observed by the federal government, (ii) reasonable janitorial service, (iii) janitorial service (including regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (iv) hot and cold water from points of supply, (v) adequate supplies for restrooms located in the Common Areaas required by applicable code, and (vi) elevator service, if there is an elevator in the Building, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons, (vii) replacement of building standard light bulbs, (viii) a reasonable security system for the Building (which, as of the date hereof, requires use of access cards to enter the Building during non-Building Hours), and (ix) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the yearBuilding. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged changed directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. Landlord agrees to furnish landscaping and grounds maintenance and snow clearing for the areas used in common by the tenants of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, that Landlord shall be under no responsibility or liability for failure, defect occasional failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the reasonable control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the.

Ordinary Services to the Premises. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall furnish to the Premises throughout the Term Term, at a standard consistent with that of other comparable first class office projects in the vicinity of the Building (i) electricity appropriate for the Permitted Use (but not less than six (6) watts of electrical energy per xxxxre foot of rentable area, connected load, to the Premises), (ii) heating and air conditioning appropriate for the Permitted Use during the following hours (collectively, the "Building Hours"): 8:00 between 7:00 a.m. to 6:00 and 7:00 p.m., Monday through Friday, and 8:00 between 9:00 a.m. to and 1:00 p.m. on Saturday, exclusive except for the following holidays (on the days recognized as legal holidays in respect thereof): Christmas, New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving, (ii) reasonable in-suite janitorial service on Monday through Friday of Holidayseach week throughout the Term, excluding the aforementioned holidays, (iii) janitorial service (including regular trash removal from the Premises), in accordance with the cleaning specifications attached hereto as Exhibit G, (iv) hot and cold water from points of supply, (v) adequate supplies for restrooms located in the Common Areaas required by applicable code, (vi) elevator service, provided that, as long as at least one (1) elevator is in service at all times, that Landlord shall have the right to remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building Building, or for security reasonson non-business days, as long as one (1) elevator remains in operation at all times, (vii) replacement non-exclusive access to the Building's Common Area loading dock upon reasonable prior notice to Landlord (not less than one (1) business day in advance), and exclusive access to that certain garage area that opens into Space A and which is usable for certain types of building standard light bulbs, (viii) a reasonable security system for the Building loading or unloading (which, as of the date hereofsubject to applicable legal requirements, requires will be available for Tenant's use of access cards to enter the Building during non-Building Hoursat all times), and (ixvii) maintenance and repair of HVAC systems. As long as no Event of Default beyond any applicable notice and cure period has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, every day of the yearelectricity. The cost of all services provided by Landlord hereunder shall shall, except as limited by Section 7.2 and 7.3 of this Lease, be included within Operating Expenses, unless charged directly (. Landlord agrees to furnish landscaping and not as part of Operating Expenses) to Tenant or another tenant grounds maintenance and snow clearing for the areas used in common by the tenants of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, however that Landlord shall be under no responsibility or liability for failure, defect failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and and, subject to Section 18.5, below, failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the.