Common use of Service and Utilities Clause in Contracts

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant Landlord agrees to furnish to the Premises, between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.

Service and Utilities. A. Standard Building Services and Reimbursement by STANDARD BUILDING SERVICES AND REIMBURSEMENT BY TENANT SEE ADDENDUM SECTION XXXV.E. So long as Tenant is not in default hereunder (including any default of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to furnish make available to the Premises, between during the Building's normal business hours of 7:00 a.m. and to 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon 1:00 p.m. on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), which hours are subject to change from time to time as reasonably determined by Landlord, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense except as provided below, of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If however, if any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to to, initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. If any such utility or service is not separately metered to the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any utilities such utility and servicesservice, including, including without limitation, limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours schedule of normal business hours for providing such utilities and services as reasonably determined by Landlord or any unusual or non-customary use beyond what that which Landlord agrees has agreed to furnish make available as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hoursschedule of hours for providing the same set forth above, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant ------------------------------------------------------ Subject to scheduled outages, which have been reasonably coordinated with Tenant's facility manager, and to emergency outages, Landlord agrees to furnish to the PremisesXxxxxxxx, between the 00 hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) a day, 365 days a year (hereinafter "Building Hours"), heat heat, ventilation and air conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard Landlord shall cause water, electrical and elevator (if applicable) service shall to be supplied and provided to the Premises at all times at times. Landlord has provided Tenant with information regarding the Building's electrical system, including capacity. Tenant agrees that it will not install any equipment in the Premises which consumes electricity in excess of the Building's electrical system capacity without obtaining Landlord's cost' prior written consent, which cost is request and consent shall be subject to the provisions requirements and conditions of Section V hereinXII, and which consent shall be further conditioned upon Tenant's agreement to provide, at Tenant's sole cost and expense, all electrical wiring and other devices which may be necessary to increase the capacity of the Building's electrical system. Tenant acknowledges that it has received and had an opportunity to review that certain letter report, dated April 8, 1996, prepared by ABS Consulting, Inc. and addressed to ARES, Inc. (the "ABS Report"), which ABS Report summarizes the current HVAC capacity in the Building. A copy of the ABS Report is attached hereto as Exhibit H. Tenant understands and acknowledges that the existing HVAC capacity may not be adequate to support a 365 day a year, 24 hour a day call center operation under all environmental conditions, particularly on hot days. In the event that Tenant wishes to provide increased HVAC capacity for the Building, Landlord agrees to work with Tenant, in good faith, to design and install an HVAC mutually satisfactory to each of the parties which will be adequate to meet Tenant's reasonable HVAC needs, and which will be installed in a manner which minimizes cost and impact upon the core and shell of the Building as well as on Tenant's operations. The cost of the design and installation of any additional HVAC equipment which may ultimately be agreed upon by Landlord and Tenant shall be paid by Tenant to the designer and to the installation contractor, or, at the option of Landlord, directly to Landlord who will then be responsible for payment to such designers and contractors. All such amounts shall be paid in full by Tenant no later than thirty (30) days following Tenant's receipt of an invoice therefor. All HVAC equipment installed pursuant to this paragraph shall become a permanent fixture and part of the Building upon installation, shall be the property of the Landlord, and shall remain with the Building upon the expiration or earlier termination of this Lease. Landlord agrees to contribute toward the cost of the HVAC equipment and installation to the extent of such additional capacity as may be required to make up any shortfall between the HVAC capacity in the Building as of the date of this Lease and such additional capacity as would be customary to install in a typical modern speculative office building of similar size and characteristics as the Building, anticipating a five and one-half (5 1/2) day a week operation, with normal business hours and with tenants not having any unusual or extraordinary HVAC needs, all as more fully described in the ABS Report as a modern speculative office building. All HVAC capacity desired by Tenant in excess of this baseline amount shall be at Tenant's sole cost and expense. Landlord's contribution will be reimbursed to Tenant following Tenant's payment of the full cost of the design and installation charges. Landlord's contribution will be agreed upon by Tenant and Landlord, on the basis of this paragraph, during the development of the design of the additional HVAC capacity prior to the commencement of installation. Subject to the reductions set forth below, Tenant agrees to pay, as a Common Operating Expense except as provided below, pay the full cost of all electric utilities supplied to the PremisesBuilding, together with any taxes thereon, and at rates not in excess of those charged by the applicable electric utility provider, on an invoice basis, and the costs thereof shall not be included in the calculation of Operating Costs. Until such time as part Tenant shall lease all of Tenant's Proportionate Share the net rentable square footage in the Building as contemplated under Section III, Landlord shall pay the electric utility provider directly, and Tenant shall reimburse Landlord for all such expenses on an invoice basis. Once Tenant shall lease all of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premisesnet rentable square footage in the Building, Tenant shall pay the cost thereof in a timely manner for all such electric utilities directly to the electric utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premisesprovider, and for shall provide Landlord with evidence of payment of such utility bills on a timely basis. If Tenant shall not lease all electric light lamps or tubes. of the net rentable square footage of the Building as contemplated under Section III, then Tenant shall be required entitled to pay any increased cost, as additional rent, of any the following reductions in the amount billed by Landlord for electric utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of during each month that the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.following deductions shall apply:

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant Landlord agrees to furnish to the Premises, between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard waterWater, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V hereintimes. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant ------------------------------------------------------ So long as Tenant is not in default hereunder (including any default of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to furnish make available to the Premises, between during the Building's normal business hours of 7:00 a.m. and to 6:00 p.m. on p.m., Monday through Friday and between 8:00 9:00 a.m. and 12 noon to 1:00 p.m. on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), which hours are subject to change from time to time as reasonably determined by Landlord, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided belowCost in accordance with Section V. above, Tenant's Proportionate Share of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If however, if any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to to, initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. If any such utility or service is not separately metered to the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any utilities such utility and servicesservice, including, including without limitation, limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours schedule of normal business hours for providing such utilities and services as reasonably determined by Landlord or any unusual or non-customary use beyond what that which Landlord agrees has agreed to furnish make available as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hoursschedule of hours for providing the same set forth above, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service services to be $25.00 per hour.

Service and Utilities. A. Standard Building Services Lessor will provide water at those common points of supply provided for drinking, toilet and Reimbursement by Tenant Landlord agrees lavatory purposes and with electricity for ordinary office uses (not to furnish include, however, data processing machines other than personal computers and related equipment that consumes less than .25 kilowatts per hour at rated capacity or requires a voltage of 120 volts single phase, including air conditioning costs therefor, large business machines and similar equipment of high electrical consumption characteristics); ballast and lamp replacement for the Building's standard florescent lighting fixtures located in the Leased Premises; elevator service; janitorial service on a five (5) day per week basis, all in the manner, at times and to the Premises, between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment extent as are typical for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar similarly-classed office buildings in the area where Bellaire, Texas submarket. Notwithstanding anything contained herein to the Project contrary, Lessee shall be responsible for the cleaning and stocking of restroom supplies for any private restroom located within the Leased Premises. In the event that Lessee requests Lessor to include private restroom cleaning and supplies, Lessor shall charge a monthly fee to be set from time to time, currently at $150 per restroom per month. Lessor shall provide Lessee at least sixty (60) days' notice of any change in the standard restroom cleaning and stocking rate and the giving of such notice shall be deemed an amendment to this Agreement and Lessee shall thereafter pay the adjusted rent. Lessee will pay all telephone charges. Lessor agrees to furnish Lessee with refrigerated water at those points of supply provided for general use of other tenants in the Building; heated and refrigerated air conditioning in season to be provided during the hours of 6:45 a.m. to 6:00 p.m. on weekdays and at the written request of Lessee from 7:00 a.m. to 1:00 p.m. on Saturday, at temperatures and in amounts as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Failure by Lessor to furnish any of the services and utilities listed above to any extent, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, or any other cause beyond the reasonable control of Lessor, shall not render Lessor liable in any respect for damages to either person or property, nor be construed as an eviction of Lessee, nor work an abatement of Rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. As used herein, the phrase “causes beyond the reasonable control of Lessor” shall include, without limitation, acts of the public enemy, restraining of government, unavailability of materials, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and other severe weather conditions or acts of God. Notwithstanding anything contained herein to the contrary, in the event Lessee is locatedprevented from operating its business from the Leased Premises because of the unavailability of any such service for a period of ten (10) consecutive business days following Lessor’s receipt from Lessee of a written notice regarding such unavailability, all the restoration of which is within Lessor’s reasonable control and not a result of force majeure, then Lessee shall be entitled to a reasonable abatement of Rent for each consecutive day (after such ten (10) business day period) that Lessee is so prevented from using the Leased Premises. Additionally, in the event that Lessee is prevented from operating its business out of the Leased Premises because of the unavailability of any such service for a period of sixty (60) consecutive days following Lessor’s receipt from Lessee of a written notice regarding such unavailability, the restoration of which is within Lessor’s reasonable control and not a result of force majeure, then Lessee shall be entitled to terminate the Lease Agreement upon written notice to Lessor. The obligation of Lessor to provide the services set forth above shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) and any such regulation that impairs Lessor’s ability to provide said services as herein stipulated shall not constitute an event of default hereunder but rather providing the Rules applicable services to the extent allowed pursuant to such regulations shall be deemed to be full compliance with the obligations and agreements of Lessor hereunder. Except as otherwise provided herein, Lessor shall not be liable in damages or otherwise for failure, stoppage or interruption of any such service, nor shall the same be construed as an eviction of Lessee, work an abatement of rent, or relieve Lessee from the operation of any covenant or agreement; but in the event of any failure, stoppage or interruption thereof, Lessor shall use reasonable diligence to restore service promptly. The work of the building janitor shall not be hindered by Lessee. Upon request of Lessee made in accordance with the rules and regulations for the Building, Lessor will use its good faith efforts to furnish air conditioning and heating at other times (that is, at times other than the times specified above), in which event Lessee shall reimburse Lessor for the actual cost Lessor incurs, as such cost may be adjusted from time to time, for furnishing such services. Lessee hereby acknowledges and agrees that Lessor is obligated to provide only the services set forth above, and that Lessor, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by Lessor now or in the future under this Lease Agreement. Notwithstanding the foregoing, Lessee recognizes that Lessor may, at Lessor’s sole option, elect to provide additional services or amenities for the tenants of the Building as well as from time to time, and hereby agrees that Lessor’s discontinuance of any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions provision of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service additional services or utilities are separately metered amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to the Premises, Tenant shall pay the cost thereof any abatement of or reduction in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.

Service and Utilities. A. Standard Building Services and Reimbursement by STANDARD BUILDING SERVICES AND REIMBURSEMENT BY TENANT SEE ADDENDUM SECTIONS XXXV.C.(2) AND F. So long as Tenant is not in default hereunder (including any default of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to furnish make available to the Premises, between during the Building's normal business hours of 7:00 a.m. and to 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon to 12:00 p.m. on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), which hours are subject to change from time to time as reasonably determined by Landlord, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgment (32)judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense except as provided below, of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If however, if(33) any such service or utilities are (34)are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to to, initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. If any such utility or service is not separately metered to the Premises, Tenant shall be required to pay any increased cost, as additional rent, of any utilities such utility and servicesservice, including, including without limitation, limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour.____________________