Common use of Other Provisions Relating to Services Clause in Contracts

Other Provisions Relating to Services. Landlord is not required to provide any heat, air conditioning, electricity or other service in excess of that permitted by applicable Laws. Except for the utilities that are separately metered and paid for by Tenant as provided in Subsection 6.1.2 and Section 6.2, Landlord has the exclusive right and discretion to select the provider of any utility or service to the Property. Tenant, at no cost to Tenant for occupying such spaces or for the use of such, shall have the right to the appropriate number of unobstructed, risers, shafts and conduits for Tenant’s telecommunication and electrical systems cabling and/or wiring from the point of entry of such telecommunications and electrical service into the Building to the Premises and from any other point in or on the Building to the Premises, and for the distribution of such wiring within the Premises (i.e., for its electrical wiring from Tenant’s emergency generator, if any, installed by Tenant, to the Premises), but in any event not less than Tenant’s proportionate share of the Building’s risers, shafts and conduits available for Tenant’s use based on Tenant’s percentage of the total square feet rentable area of the Building. Landlord, at its sole cost and expense and without including the costs thereof in Operating Expenses, shall be responsible for the removal, disposal, encapsulation and/or abatement of any Hazardous Materials in the risers, shafts and conduits used by Tenant for the installation of its telecommunication and electrical systems cabling and/or wiring. Tenant shall have the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access to the Building. Landlord shall use commercially reasonable, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to the Premises.

Other Provisions Relating to Services. No interruption in, or temporary stoppage of, any of the services this Article 6 describes is to be deemed an eviction or disturbance of Tenant's use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation this Lease describes, render Landlord liable for damages or entitle Tenant to any Rent abatement; provided, however, if such interruption or stoppage prevents Tenant from engaging in the Permitted Use at all or any part of the Premises for 4 consecutive days, then Annual Basic Rent will be abated in proportion to the portion of the Premises not usable for the Permitted Use from and after the expiration of said fourteen-day period until the earlier to occur of (i) the restoration of the furnishing of such utility or other service to such portion of the Premises or (ii) the date on which such interruption no longer prevents Tenant from engaging in the Permitted Use at such portion of the Premises. Anything herein to the contrary notwithstanding, there will be no such abatement of rent if either (a) Landlord's inability to provide such services is caused by misuse or neglect of Tenant or Tenant's agents or employees, or (b) the interrupted or stopped service or utility has been provided by or through an alternative telecommunication company selected by Tenant pursuant to Section 17.14. Landlord is not required to provide any heat, air conditioning, electricity or other service in excess of that permitted by applicable voluntary or involuntary governmental guidelines or other Laws. Except for the utilities that are separately metered and paid for by Tenant as provided in Subsection 6.1.2 and Subject to Section 6.2, 17.14.2 Landlord has the exclusive right and discretion to select the provider of any utility or service to the Property. Tenant, at no cost Property and to Tenant for occupying such spaces or for the use of such, shall have the right to the appropriate number of unobstructed, risers, shafts and conduits for Tenant’s telecommunication and electrical systems cabling and/or wiring from the point of entry of such telecommunications and electrical service into the Building to determine whether the Premises and from or any other point in or on the Building to the Premises, and for the distribution of such wiring within the Premises (i.e., for its electrical wiring from Tenant’s emergency generator, if any, installed by Tenant, to the Premises), but in any event not less than Tenant’s proportionate share of the Building’s risers, shafts and conduits available for Tenant’s use based on Tenant’s percentage of the total square feet rentable area of the Building. Landlord, at its sole cost and expense and without including the costs thereof in Operating Expenses, shall be responsible for the removal, disposal, encapsulation and/or abatement of any Hazardous Materials in the risers, shafts and conduits used by Tenant for the installation of its telecommunication and electrical systems cabling and/or wiring. Tenant shall have the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access to the Building. Landlord shall use commercially reasonable, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to the Premises.portion of

Other Provisions Relating to Services. No interruption in, or temporary stoppage of, any of the services this Article 6 describes is to be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation this Lease describes, render Landlord liable for damages, or entitle Tenant to any Rent abatement, except as hereinafter set forth. Landlord is not required to provide any heat, air conditioning, electricity or other service in excess of that permitted by applicable Laws. Except for the utilities that are separately metered and paid for by Tenant as provided in Subsection 6.1.2 and Section 6.2, Landlord has the exclusive right and discretion (to be exercised reasonably) to select the provider of any utility or service to the PropertyProperty and to determine whether the Premises or any other portion of the Property may or will be separately metered or separately supplied. Notwithstanding any contrary language in this Lease, Tenant may not obtain utility services directly from any supplier other than the supplier Landlord selects unless approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned). Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the above standards for utilities and services. provided such modifications do not adversely affect Tenant, at ’s use or occupancy of the Premises. In no cost event shall Tenant be deemed to Tenant for occupying such spaces or for the use of such, shall have the waived any right to make a constructive eviction claim under applicable law. Notwithstanding any of the appropriate number of unobstructed, risers, shafts and conduits for Tenant’s telecommunication and electrical systems cabling and/or wiring from the point of entry of such telecommunications and electrical service into the Building foregoing to the Premises and from contrary, however, in the event of Landlord’s (or its employees’, contractors’ or agents’) negligence or willful misconduct which results in a failure to provide any other point in of the foregoing services or on the Building to the Premisesutilities, and such failure (i) continues for the distribution of such wiring within more than seven (7) consecutive business days and (ii) prevents Tenant from operating in the Premises (i.e.or any portion thereof) for the ordinary conduct of its business, for its electrical wiring from then as Tenant’s emergency generatorsole and exclusive remedy, if any, installed by Tenant, Rent shall thereafter be abated (in proportion to the Premises)portion of the Premises which Tenant is unable to use for the ordinary conduct of its business) until the restoration of the applicable service or utility through reasonable temporary or permanent means. If the failure of the applicable service or utility prohibits Tenant from operating in the Premises for the ordinary course of business for a period of more than one hundred eighty (180) consecutive days after written notice from Tenant to Landlord advising of the interruption of such service or utility, but in any event Tenant may terminate this Lease upon not less than Tenant’s proportionate share of thirty (30) days prior written notice to Landlord with such termination being effective on or after the Building’s risers, shafts and conduits available for Tenant’s use based on Tenant’s percentage of one hundred eighty-first (181) day. In the total square feet rentable area of event that Landlord restores the Building. Landlord, at its sole cost and expense and without including service or utility within the costs thereof in Operating Expenses, shall be responsible for 180-day period or otherwise restores the removal, disposal, encapsulation and/or abatement service or utility prior to the effective date of any Hazardous Materials in the risers, shafts and conduits used termination delivered by Tenant for in accordance with the installation of its telecommunication preceding sentence or Landlord has commenced to remedy the service or utility and electrical systems cabling and/or wiring. Tenant is continuously pursuing such remedy to completion, the termination right hereunder shall have not be available, and the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access to the Building. Landlord Lease shall use commercially reasonable, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to the Premisesremain in full force and effect.

Other Provisions Relating to Services. Subject to the limitations set forth below, no interruption in, or temporary stoppage of any of the services this Article 6 describes is to be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation this Lease describes, render Landlord is not required liable for damages or entitle Tenant to provide any heat, air conditioning, electricity or other service in excess of that permitted by applicable Lawsrent abatement. Except for the utilities that are separately metered and paid for by Tenant as provided in Subsection 6.1.2 and Section 6.2, Landlord has the exclusive right and discretion discretion, after reasonable consultation with Tenant, to select the provider of any utility or service to the PropertyProperty and to determine whether the Premises or any other portion of the Property may or will be separately metered or separately supplied. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the above standards for utilities and services. If Tenant’s business operations in all or any portion of the Premises are interrupted or discontinued and Tenant substantially ceases all usual or customary business operations in such portion of the Premises as a result of interruption or stoppage in the Building Services to the Premises or such portion thereof, at no cost and such interruption, discontinuation and cessation continues, after written notice to Landlord, for more than twenty (20) days as a result of Force Majeure or more than seven (7) days as a result of any event which is not an event of Force Majeure, without being cured, then all rent due hereunder shall xxxxx with respect to such portion of the Premises in which any of such Building Services have been so interrupted or discontinued, beginning with the date such Building Services were interrupted or discontinued and continuing until the earlier of such time as such Building Services are restored or Tenant elects to continue substantial business operations within such portions of the Premises; provided, however, if any such interruption in Building Services shall cause Tenant to cease business operations in its computer operations center, then, all Rent due hereunder with respect to the remainder of the Premises shall xxxxx, but only to the extent that such remainder is rendered unusable for occupying Tenant’s business operations because of Tenant’s inability to utilize its computer operations center. If Tenant substantially ceases all usual or customary business operations in its computer operations center and/or twenty-five percent (25%) or more of the Premises, because of any such spaces interruption or discontinuance of any of the Building Services, and the interruption, discontinuance or cessation of Tenant’s usual and customary business operations because of the interruption in Building Services continues for a period of more than forty-five (45) days after the above-described written notice to Landlord as a result of a Site-Specific Force Majeure, for a period of more than one hundred eighty (180) days after the above-described written notice to Landlord as a result of an Area-Wide Force Majeure, or for the use a period of suchmore than thirty (30) days after written notice to Landlord as a result of any event which is not an event of Force Majeure, then Tenant shall have the right at any time thereafter to terminate this Lease by written notice to Landlord delivered to Landlord at any time prior to the appropriate number date as of unobstructed, risers, shafts and conduits for which such Building Services are materially restored. During any time period when Tenant’s telecommunication and electrical systems cabling and/or wiring from business operations in all or any portion of the point Premises are interrupted or discontinued as a result of entry an interruption or discontinuance of such telecommunications and electrical service into any of the Building to the Premises and from any other point in or on the Building to the PremisesServices, and for the distribution of such wiring within the Premises (i.e., for its electrical wiring from Tenant’s emergency generator, if any, installed by Tenant, to the Premises), but in any event not less than Tenant’s proportionate share of the Building’s risers, shafts and conduits Tenant may request that Landlord make available for Tenant’s use based on Tenant’s percentage of the total square feet rentable area of the Building. Landlord, at its sole cost and expense and without including the costs thereof in Operating Expenses, shall be responsible for the removal, disposal, encapsulation and/or abatement of any Hazardous Materials alternative space in the risers, shafts and conduits used Building or within any building owned by Tenant for Landlord in the installation of its telecommunication and electrical systems cabling and/or wiring. Tenant shall have the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access approximately 19 acre commercial project adjacent to the Building. Landlord shall use commercially reasonableProperty, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to until such time as the Premises.Building Services are restored, on the following terms and conditions:

Other Provisions Relating to Services. Subject to the limitations set forth below, no interruption in, or temporary stoppage of any of the services this Article 6 describes is to be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation this Lease describes, render Landlord liable for damages or entitle Tenant to any rent abatement. Notwithstanding the foregoing, if Tenant’s business operations in all or any portion of the Premises are interrupted or discontinued and Tenant substantially ceases all usual or customary business operations in such portion of the Premises as a result of interruption or stoppage in the Building Services to the Premises or such portion thereof, to the extent that such interruption, discontinuation and cessation is due to Landlord’s failure to perform its repair or maintenance obligations under Section 7.1, below (“Landlord’s Interruption of Services”) and such Landlord’s Interruption of Services continues, after written notice to Landlord, for more than twenty (20) days as a result of Force Majeure or more than seven (7) days as a result of any event which is not required an event of Force Majeure, without being cured, then all rent due hereunder shall xxxxx with respect to provide such portion of the Premises in which any heatof such Building Services have been so interrupted or discontinued, air conditioningbeginning with the date such Building Services were interrupted or discontinued and continuing until the earlier of such time as such Building Services are restored or Tenant elects to continue substantial business operations within such portions of the Premises; provided, electricity however, if any such interruption in Building Services due to a Landlord’s Interruption of Services shall cause Tenant to cease business operations in its computer operations center, then, all Rent due hereunder with respect to the remainder of the Premises shall xxxxx, but only to the extent that such remainder is rendered unusable for Tenant’s business operations because of Tenant’s inability to utilize its computer operations center. If Tenant substantially ceases all usual or other service customary business operations in excess its computer operations center and/or twenty-five percent (25%) or more of that permitted by applicable Laws. Except for the utilities that are separately metered and paid for by Tenant as provided in Subsection 6.1.2 and Section 6.2Premises, Landlord has the exclusive right and discretion to select the provider because of any utility such interruption or service discontinuance of any of the Building Services, due to a Landlord’s Interruption of Services, and the Property. interruption, discontinuance or cessation of Tenant’s usual and customary business operations because of the Landlord’s Interruption of Services continues for a period of more than forty-five (45) days after the above-described written notice to Landlord as a result of a Site-Specific Force Majeure, at no cost for a period of more than one hundred eighty (180) days after the above-described written notice to Tenant for occupying such spaces Landlord as a result of an Area-Wide Force Majeure, or for the use a period of suchmore than thirty (30) days after written notice to Landlord as a result of any event which is not an event of Force Majeure, then Tenant shall have the right at any time thereafter to terminate this Lease by written notice to Landlord delivered to Landlord at any time prior to the appropriate number date as of unobstructed, risers, shafts and conduits for which such Building Services are materially restored. During any time period when Tenant’s telecommunication and electrical systems cabling and/or wiring from the point business operations in all or any portion of entry of such telecommunications and electrical service into the Building to the Premises and from any other point in are interrupted or on the Building to the Premisesdiscontinued as a result of a Landlord’s Interruption of Services, and for the distribution of such wiring within the Premises (i.e., for its electrical wiring from Tenant’s emergency generator, if any, installed by Tenant, to the Premises), but in any event not less than Tenant’s proportionate share of the Building’s risers, shafts and conduits Tenant may request that Landlord make available for Tenant’s use based on Tenant’s percentage of the total square feet rentable area of the Building. Landlord, at its sole cost and expense and without including the costs thereof alternative space in Operating Expenses, shall be responsible for the removal, disposal, encapsulation and/or abatement of any Hazardous Materials building owned by Landlord in the risers, shafts and conduits used by Tenant for the installation of its telecommunication and electrical systems cabling and/or wiring. Tenant shall have the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access approximately 19 acre commercial project adjacent to the Building. Landlord shall use commercially reasonableProperty, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to until such time as the Premises.Building Services are restored, on the following terms and conditions:

Other Provisions Relating to Services. Tenant acknowledges that the expense stop specified in the Basic Terms contemplates use of utilities and services in the Premises consistent with typical and customary office use during Business Hours within the standard loads and densities for which the Building and Premises are designed. Landlord reserves the right to cause the Premises to be separately metered for electricity or any other service provided thereto, which separate metering will be at Tenant’s sole cost and expense, and/or to otherwise appropriately charge Tenant for use of any utilities or services in excess of such amounts. Tenant will also be responsible for all utility charges related to any Supplemental Equipment, either as separately metered (at Tenant’s expense) or as reasonably estimated by Landlord. Landlord is not required to provide any heat, air conditioning, electricity or other service in excess of that permitted by applicable required governmental guidelines or any Laws. Except No interruption in, or temporary stoppage of, any of the services to be provided by Landlord under this Lease is to be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, nor does any interruption or stoppage relieve Tenant from any obligation under this Lease, render Landlord liable for damages or entitle Tenant to any Rent abatement. In each instance where there is an interruption in service, Landlord shall exercise prompt and reasonably diligent efforts to eliminate the utilities that are separately metered cause of the interruption of service and paid for by to conclude or resolve the interruption of service if the interruption is specific to the Building and/or Property and the correction or resolution thereof is within Landlord’s reasonable ability to address. Landlord shall give Tenant as provided written notice, when practical, of the commencement and anticipated duration of any planned interruption in Subsection 6.1.2 and Section 6.2, service. Landlord has the exclusive right and discretion to select the provider of any utility or service to the PropertyProperty and to determine whether the Premises or any other portion of the Property may or will be separately metered or separately supplied. TenantLandlord reserves the right, at no cost from time to Tenant for occupying such spaces or for the use of suchtime, shall have the right to make reasonable and non-discriminatory modifications to the appropriate number of unobstructed, risers, shafts above standards for utilities and conduits for Tenant’s telecommunication and electrical systems cabling and/or wiring from the point of entry of such telecommunications and electrical service into the Building to the Premises and from any other point in or on the Building to the Premises, and for the distribution of such wiring within the Premises (i.e., for its electrical wiring from Tenant’s emergency generator, if any, installed by Tenant, to the Premises), but in any event not less than Tenant’s proportionate share of the Building’s risers, shafts and conduits available for Tenant’s use based on Tenant’s percentage of the total square feet rentable area of the Building. Landlord, at its sole cost and expense and without including the costs thereof in Operating Expenses, shall be responsible for the removal, disposal, encapsulation and/or abatement of any Hazardous Materials in the risers, shafts and conduits used by Tenant for the installation of its telecommunication and electrical systems cabling and/or wiring. Tenant shall have the right to select, at Tenant’s sole discretion, Tenant’s desired telecommunications provider(s), with Landlord not imposing any fee to any such telecommunications provider(s) to gain access to the Building. Landlord shall use commercially reasonable, good faith efforts to cooperate with Tenant’s desired telecommunications provider(s) to provide telecommunications service to the Premisesservices.