Common use of Overstandard Tenant Use Clause in Contracts

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity shall exceed three (3) wxxxx per usable square foot of the Premises, calculated on an annualized basis for the Business Hours (as defined below), Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlord, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlord, including the cost of such additional metering devices. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises during hours other than between Monday through Friday, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) Landlord shall supply such after-hours HVAC to Tenant at Landlord’s actual hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billing.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which shall not be unreasonably withheld, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption Tenant uses water, electricity, heat or air conditioning in excess of electricity shall exceed three (3) wxxxx per usable square foot that supplied by Landlord pursuant to Section 6.1 of the Premises, calculated on an annualized basis for the Business Hours (as defined below)this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordwithin thirty (30) days following billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, however, (i) the foregoing restriction shall not apply to general office use of printers and personal computers on the desktops of Tenant’s employees, and (ii) to the extent the “Approved Working Drawings,” as that term is set forth in Section 3.4 of the Tenant Work Letter, creates a separately ventilated “computer” and/or “data center” room, the foregoing restriction shall not apply within such designated area. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billingas Landlord shall from time to time establish. Notwithstanding Landlord shall have the foregoingexclusive right, in all instances where but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance; provided, however, that Landlord may not charge Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basismore than Landlord would be charged for similar work performed for Xxxxxxxx’s own account. If Tenant requests any such additional services, measured weekly on an average daily basis, or on days other as described hereinabove, then Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide cost of such afteradditional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for same. 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billing.081/1-8-07/kt/kt -16- [AMLGMN]

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity such consent is given, Landlord shall exceed three (3) wxxxx per usable square foot of have the right to install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant Landlord shall pay from time to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingtime establish.

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may substantially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption such consent is given, Landlord shall have the right to require installation of electricity shall exceed three (3) wxxxx per usable square foot of supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlord, including the cost of such additional metering devices. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, and as otherwise consistent with specifically identified elements of the Improvements (e.g., server rooms and ancillary electrical and HVAC equipment relating thereto) contained on the "Approved Working Drawings" (as that term is defined in the Work Letter), Tenant shall not otherwise install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (other than typical desk top computers and ancillary equipment (as opposed to computer servers or similar equipment), without the prior written consent of Landlord. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s the “Actual Cost” (defined below) thereof (which shall be treated as Additional Rent) as Landlord shall from time to time establish; which Actual Cost as of the date hereof is $50.00 per hour. For the purpose of this Section 6.2, “Actual Cost” shall mean the actual hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord including reasonable depreciation (attributable to supply such after-hours HVAC on an hourly basis; usage) and administrative charges (z) Tenant shall pay such cost to the extent not duplicative of Operating Expenses), incurred, and as reasonably determined, by Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding without charge for overhead or profit, provided that, notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess any amount actually charged to Landlord by any third party unaffiliated with Landlord for the supply of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, such utilities to Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by be deemed part of Landlord, as Additional Rent within thirty (30) days after billing’s "Actual Cost".

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-–generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water or HVAC in excess of that typically supplied for office uses in similar buildings, or if Tenant’s consumption of electricity shall exceed an average of three (3) wxxxx xxxxx per usable useable square foot of the Premises, connected load, calculated on an annualized a monthly basis for during the Business Building Hours (as defined below)set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordwithin thirty (30) days after billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, administrative and overhead costs incurred in connection with such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlordwithin thirty (30) days after demand, including the cost of such additional metering devices. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises during hours other than between Monday through Fridaythe Building Hours, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (xi) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof use, (Tenant can give as little as two hours’ notice of its desired use); (yii) Landlord shall supply such after-–hours HVAC to Tenant at Landlord’s actual such hourly costcost (which shall include, determined without limitation, the cost of the use of such HVAC, administrative and overhead charges, and the cost of maintenance and increased wear and tear on a per floor basis equal the actual cost incurred by Landlord equipment used to supply provide such after-–hours HVAC on an hourly basis; HVAC) to Tenant as Landlord shall from time to time establish, and (ziii) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billing.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity such consent is given, Landlord shall exceed three (3) wxxxx per usable square foot of have the right to install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant to the extent such additional utilities can give as little as two hours’ notice of its desired use); (y) be made available, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30and which may include an administrative fee) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant Landlord shall pay from time to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingtime establish.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption such consent is given, Landlord shall have the right to require installation of electricity shall exceed three (3) wxxxx per usable square foot of supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. If Tenant’s use of electricity shall never exceed the Building is capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not fully occupied install or use or permit the installation or use of any computer server or electronic data processing equipment in the Premises to the extent such devices may materially affect the temperature otherwise maintained by Tenant the air conditioning system for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease and Lease, without the prior written consent of Landlord. If Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant Landlord shall pay from time to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingtime establish.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption Tenant uses water, electricity, heat or air conditioning in excess of electricity shall exceed three (3) wxxxx per usable square foot that supplied by Landlord pursuant to Section 6.1 of the Premises, calculated on an annualized basis for the Business Hours (as defined below)this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlord; upon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billingas Landlord shall from time to time establish. Notwithstanding Landlord shall have the foregoingexclusive right, in all instances where but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basisrequests any such additional services, measured weekly on an average daily basis, or on days other as described hereinabove, then Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide cost of such after-hours HVACadditional services, based on the depreciation schedule attached hereto as Exhibit Hincluding Landlord’s standard fee for its involvement with such additional services, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingpromptly upon being billed for same.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, except as permitted in this Lease. If Tenant’s consumption use of electricity shall never exceed three (3) wxxxx per usable square foot the capacity of the Premises, calculated on an annualized basis feeders to the Project or the risers or wiring installation. Landlord shall cause the electrical use of the Building HVAC system to be separately metered. Electrical usage for “After Hours HVAC” (as that term is defined below) shall not be included in the Business Hours “Monthly Utility Cost” (as defined in Section 6.3 below), Tenant but shall pay to Landlord, concurrently with be included in the next payment of Base Rent due Landlord, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which “After Hours HVAC Charge” (as that term is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlord, including the cost of such additional metering devicesdefined below). If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Friday, during those for which Landlord is obligated to supply such utilities pursuant to the period from 7:00 a.m. to 6:00 p.m. terms of Section 6.1 of this Lease (the “Business HoursAfter Hours HVAC”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) , and Landlord shall supply such after-hours After Hours HVAC to Tenant at Landlord’s actual hourly costthe “After Hours HVAC Charge,” as that term is defined, determined on a per floor basis below. As used herein, the “After Hours HVAC Charge” shall equal the actual cost incurred by to Landlord of supplying such After Hours HVAC, without profit or overhead but including the salary and benefits of the engineer and other personnel required to supply such after-hours HVAC on an hourly basis; and (z) the same. Amounts payable by Tenant shall pay such cost to Landlord as for such use of additional utilities shall be deemed Additional Rent within thirty (30) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billinghereunder.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which shall not be unreasonably withheld, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Leasesystem. If Tenant’s consumption of electricity shall exceed three (3) wxxxx per usable square foot of Tenant uses heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, calculated on an annualized basis for such use materially affects the Business Hours temperature otherwise maintained by the air conditioning system, and such use is not remedied by Tenant within thirty (as defined below)30) days after written notice from Landlord, Tenant shall pay to Landlord, concurrently with the next payment within thirty (30) days of Base Rent due Landlordbilling, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; , as reasonably determined by Landlord. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation. Tenant shall not subject any of the mechanical, electrical, plumbing, sewer or other utility or service systems or equipment to exercise or use which causes damage to said systems or equipment. Any such damage to equipment caused by the Tenant overloading such equipment shall be rectified by the Tenant, or may, at the Landlord’s option, if not rectified by Tenant on or before the expiration of five (5) business days following notice from Landlord, be rectified by the Landlord, at the Tenant’s sole cost and expense. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may install devices to separately meter be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any increased use and in such event additional services, then Tenant shall pay to Landlord the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlord, including the actual cost of such additional metering devices. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises during hours other than between Monday through Fridayservices, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) Landlord shall supply such after-hours HVAC to Tenant at including Landlord’s actual hourly coststandard fee for its involvement with such additional services, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by following Landlord, as Additional Rent within thirty (30) days after billing’s invoice for same.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may materially and adversely affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 10.1 of this Lease. If Tenant’s consumption such consent is given, Tenant shall, with the reasonable approval of electricity shall exceed three (3) wxxxx per usable square foot Landlord of plans and specifications therefor, install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices (to the extent necessary to eliminate the material, adverse effect), and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours existing equipment and other similar charges shall be paid by Tenant to Landlord within thirty (as defined below)30) days after written notice thereof. If Tenant uses water or electricity in excess of that supplied by Landlord pursuant to Section 10.1 of this Lease, Tenant shall pay to Landlord, concurrently Landlord within thirty (30) days after written notice thereof all actual costs incurred by Landlord in connection with the next payment of Base Rent due Landlord, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with the next payment Landlord within ten (10) business days after receipt of Base Rent due Landlordwritten notice, including the cost of such additional metering devicesdevices if such devices indicate there has been excess consumption. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 10.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such reasonable prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly costcost to Tenant as Landlord shall from time to time establish for the Building, determined which rate is, as of the date of this Lease, Thirty-Five Dollars ($35.00) per hour per floor plus a reasonable one-time set up fee for each scheduling of service consistent with past practices with Affiliates of Tenant in the Project and an administration fee in the amount of the lesser of (i) fifteen percent (15%) of the cost of such work or (ii) Two Hundred Fifty Dollars ($250.00) for each scheduling of service. Amounts payable by Tenant to Landlord for such use of additional utilities shall be deemed Additional Rent hereunder and shall be billed on a per floor basis equal monthly basis. Landlord may increase the actual cost incurred hours or days during which air conditioning, heating and ventilation are provided to the Premises and the Building to accommodate the usage by Landlord to supply such aftertenants occupying two-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding thirds or more of the foregoing, in all instances where Tenant is using HVAC in excess rentable square feet of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, the Building or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingProject.

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity such consent is given, Landlord shall exceed three (3) wxxxx per usable square foot of have the right to install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.33, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such utilities, and Landlord shall supply such after-hours HVAC utilities to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant Landlord shall pay from time to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingtime establish.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity such consent is given, Landlord shall exceed three (3) wxxxx per usable square foot of have the right to install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordupon billing, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, concurrently with on demand, at the next payment of Base Rent due Landlordrates charged by the public utility company furnishing the same, including the cost of such additional metering devices. If Tenant’s use of electricity shall never exceed the Building is capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not fully occupied by Tenant pursuant install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (other than in the server room), without the prior written consent of Landlord; provided, however, the foregoing restriction on “computers” shall not apply to this Lease desktop micro-computers. Except with regard to the HVAC equipment servicing the server room and sound room, if Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) in order to supply such after hours usage, and Landlord shall supply such after-after hours HVAC usage to Tenant at Landlord’s actual such hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord Tenant (which shall be treated as Additional Rent within thirty (30Rent) days after billing. Notwithstanding the foregoingas Landlord shall from time to time establish, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlordwhich is, as Additional Rent within thirty of the date hereof, anticipated to be Thirty Five and No/100 Dollars (30$35.00) days after billingper hour per zone.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 7.4 of this Lease. If Tenant’s consumption of electricity such consent is given, Landlord shall exceed three (3) wxxxx per usable square foot of have the right to install supplementary air conditioning units or other facilities in the Premises, calculated including supplementary or additional metering devices, and the cost thereof, including the reasonable cost of installation, operation and maintenance, increased wear and tear on an annualized basis for the Business Hours (as defined below)existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 7.4 of this Lease, Tenant shall pay to Landlord, concurrently with the next payment of Base Rent due Landlordwithin 30 days after billing and as Additional Rent, the actual cost of such excess consumption, the actual reasonable cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use use, and in such event Tenant shall pay pay, as Additional Rent, the increased cost directly to Landlord, concurrently with the next payment of Base Rent due Landlordwithin 30 days after demand, including the cost of such additional metering devices. If the Building is not fully occupied by Tenant pursuant to this Lease and Tenant desires to use HVAC in the Premises heat, ventilation or air conditioning during hours other than between Monday through Fridaythose for which Landlord is obligated to supply such utilities pursuant to the terms of Section 7.4 of this Lease, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord (collectively, the “Holidays”): (xi) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof use, (Tenant can give as little as two hours’ notice of its desired use); (yii) Landlord shall supply such after-hours HVAC heat, ventilation or air conditioning to Tenant at Landlord’s actual such reasonable hourly costcost to Tenant as Landlord shall from time to time establish, determined on a per floor basis equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis; and (ziii) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) 30 days after billing. Notwithstanding the foregoing, in all instances where Tenant is using HVAC in excess of eleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall pay to Landlord (1) the increased wear and tear and depreciation on equipment to provide such after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billingRent.