Common use of Service and Utilities Clause in Contracts

Service and Utilities. Lessor will provide water at those common points of supply provided for drinking, toilet and lavatory purposes and with electricity for ordinary office uses (not to 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 extent as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Notwithstanding anything contained herein to the 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 prevented 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, 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 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rent.

Service and Utilities. Lessor will provide water (a) Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, escalators, landscaping, parking facilities, loading docks and areas, corridors and restrooms, the windows in the Building; the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in keeping with the usual standard for first class office buildings. In the event Tenant requires or needs to have one or more separate systems of either heating, ventilating, air-conditioning or other similar systems over and above that provided by Landlord, the installation, care, expenses and maintenance of each such system shall be borne by and paid for by Tenant. (b) Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the Leased Premises during "Normal Business Hours" (being herein defined as those hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 8:00 a.m. and 2:00 p.m. on Saturday [excluding New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day]), reasonable volumes and temperatures of heat and air conditioning required for the comfortable use and occupation of the Leased Premises, electrical services equal to 4.0 xxxxx per square foot of the net useable area of the Leased Premises, janitorial services during the times and in the manner that such services are customarily furnished in keeping with usual standard for first class office buildings and elevator service. In addition to the aforementioned services, Landlord shall furnish Tenant the following throughout the Lease Term at those common points of supply provided for drinking, toilet and lavatory purposes and with electricity for ordinary office uses no cost to Tenant (not to include, however, data processing machines other than personal computers and related equipment that consumes less than .25 kilowatts as included in Tenant's Proportionate Share of Excess Operating Expenses or as specified in this subparagraph): (1) Access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, including operatorless passenger elevators serving the floor(s) on which the Leased Premises are located. (2) Landlord shall furnish air conditioning after Normal Building Hours for areas requested by Tenant from the manager of the Building by 3:00 p.m. on the business day service is required, or by 3:00 p.m. on the immediately preceding business day when service is required for a Saturday, Sunday, or Holiday. Tenant shall pay Landlord $20 per hour at rated capacity or requires a voltage of 120 volts single phase, including per air handler for after Normal Building Hours air conditioning costs therefor, large business machines and similar (which charge shall be adjusted annually for changes in the Consumer Price Index). If Tenant's equipment requires air conditioning that cannot be accommodated by the designed capacities of high electrical consumption characteristics); ballast and lamp replacement for the Building's standard florescent lighting fixtures located in air conditioning, supplemental air conditioning shall be installed as part of the Leased Premises; elevator service; janitorial service on a five (5) day per week basis, all in construction of the mannerLeasehold Improvements or any Alterations, at times and to the extent as are typical for similarly-classed office buildings in the Bellaire, Texas submarketTenant's cost. Notwithstanding anything contained herein the above, the approximate 3000 square foot computer facility to the contrary, Lessee shall be responsible for the cleaning and stocking of restroom supplies for any private restroom located within the Leased PremisesPremises will be serviced by 24 hour a day heating, ventilation, and air conditioning. In Landlord agrees to submeter this facility at Tenant's expense and Tenant agrees to pay for the actual cost of this service on a monthly basis as invoiced. (3) If physically possible without damage to the Building, Landlord shall provide electrical power in excess of 4.0 xxxxx per square foot of useable area if needed for any supplemental air conditioning or if Tenant otherwise requests, but Tenant shall pay for any transformers, risers, wiring, or other additional equipment needed to provide that excess electrical power (to the extent not already included in the Leasehold Improvements) and for any electrical consumption costs in excess of the foregoing standards at the average rate paid by Landlord to the electrical utility company serving the Building (without profit or any additional charge or fee to Landlord). Landlord will require excess electrical consumption to be metered (using meters installed by Tenant at Tenant's expense). (4) Cleaning of the Property, including window washing and wall cleaning in Common Areas, janitorial service in Common Areas (including restrooms), removal of ice and snow from driving areas and sidewalks, vermin extermination and repair and replacement of property damaged by vermin (unless the vermin were introduced into the Building by Tenant or Tenant's employees), mowing and irrigation of landscaping, and sweeping and removal of litter and debris from the Garage and exterior Common Areas. (5) Maintenance and repair (including replacement parts and labor) of the Property, including (i) the roof, walls (including glass curtain walls, windows, and doors), foundation, and other structural elements of the Building and Garage, (ii) heating, ventilating, air conditioning, mechanical, electrical, security, energy management, plumbing, lighting, and other systems and equipment, (iii) interior walls, ceilings, floors, and floor coverings, and (iv) driveways, sidewalks, curbs, signs, landscaping, and other exterior areas (including painting and striping of parking areas). This Section does not obligate Landlord to make repairs in the event that Lessee requests Lessor to include private restroom cleaning of fire or other casualty or repairs for which Tenant is responsible under other provisions of this Lease, nor does it require the maintenance or repair of property owned by Tenant. (6) Electrical lighting for all public and suppliesservice areas of the Building and Garage, 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 and replacement of any change Building standard fluorescent tubes in the standard restroom cleaning Leased Premises and stocking rate in public and service areas. (7) Cold water (at the giving normal temperature of such notice shall be deemed an amendment the supply of water to this Agreement the Building) for lavatory and Lessee shall thereafter pay the adjusted rent. Lessee will pay all telephone charges. Lessor agrees to furnish Lessee with toilet purposes, refrigerated water for drinking purposes, and hot water (from the regular Building supply at those prevailing temperatures) for lavatory purposes, all at points of supply provided for general use of other tenants through fixtures installed by Landlord or by Tenant. (8) No less than the number of restroom facilities currently located in the Building; heated . (9) Sanitary sewer service and refrigerated air conditioning trash removal. (10) Limited card access to the Building after Normal Business Hours, and the posting of a security guard in season to be provided during the Building lobby between the hours of 6:45 a.m. 5:00 p.m. and 9:00 p.m., 5 days a week, to 6:00 p.m. escort Building occupants to their vehicles. (11) Facilities for Tenant's loading, unloading, delivery, and pick-up activities twenty-four (24) hours per day, seven (7) days per week, including the right to leave vehicles standing at a loading dock for enough time to lead or unload and pick up and deliver goods to and from the Leased Premises. (12) All letters or numerals on weekdays doors in the Leased Premises using Building standard graphics. (13) Directory listings for Tenant's various offices, officers, and major employees. (14) Keys and other Building access-control cards or items in reasonable quantities for Tenant and its employees. Landlord shall comply with the rules and regulations of all public and private utility providers. Landlord shall employ, and cause its contractors to employ, competent and experienced persons capable of meeting the standards of service established by this Lease. All services and other items to be furnished shall be of a quality and quantity at the written request least equal to that of Lessee from 7:00 a.m. to 1:00 p.m. on Saturday, at temperatures and comparable services or other items furnished in amounts as are typical for similarlyother first-classed class office buildings located in the Bellairecity in which the Property is located, Texas submarketshall be performed in a good and workmanlike manner, and shall be appropriate to permit the comfortable use and occupancy of the Leased Premises by Tenant. Failure by Lessor to furnish Notwithstanding any of the services and utilities listed above to any extent, foregoing 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 anything 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 this Lease to the contrary, in the event Lessee and without limiting Tenant's other rights under this Lease, if Landlord for any reason, whether or not within its control, is prevented from operating its business from unable or fails to provide HVAC, electrical, elevator, water or sewer services to the Leased Premises because and such failure materially adversely affects Tenant's use and occupancy of the unavailability of any such service Leased Premises and continues for a period of ten more than three (103) consecutive business 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 majeuredays, then Lessee Tenant shall be entitled to a reasonable abatement of xxxxx Rent for each consecutive day (after such ten (10) business day period) that Lessee is so prevented from using with respect to the Leased Premises. Additionally, in the event that Lessee is prevented from operating its business out portion of the Leased Premises because so affected from and after the day following the third (3rd) consecutive business day until such services are restored and Tenant can operate its business in its customary fashion; provided, however, that Tenant shall provide Landlord with written notice of said services failure before the three (3) business day period begins to run. Should any such services failure materially adversely affect Tenant's use and occupancy of the unavailability Leased Premises, and should such services not be substantially restored so that Tenant can operate its business in its customary continuity and fashion within ninety (90) days after such failure, then Tenant may terminate this Lease upon the expiration of any such service for a said 90-day period of sixty (60) consecutive days following Lessor’s receipt from Lessee of a by providing written notice regarding such unavailabilitythereof to Landlord, 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 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 failuresuch termination, stoppage Tenant shall have no further claim against Landlord hereunder. Landlord shall give Tenant at least one (1) day's advance notice of any scheduled interruption of services for maintenance or interruption thereofother purposes. Notwithstanding anything contained in this Paragraph to the contrary, Lessor Tenant shall use reasonable diligence not have a right to restore service promptly. The work xxxxx Rent or terminate this Lease on account of a failure of services if such failure of services is caused by Tenant's design and construction of the building janitor Leasehold Improvements. (c) Any sums being payable under this Paragraph shall be considered additional rent and shall be added to the next installment of Rent thereafter becoming due with charges for additional electrical usage to be submetered and billed to the Tenant directly, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent. (d) Tenant shall not be hindered by Lessee. Upon request provide any janitorial services without Landlord's written consent and then only subject to supervision 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 aboveLandlord, and that Lessor, its agents and representatives, have made no representations whatsoever of any additional then only through a janitorial contractor or employees at all times satisfactory to Landlord. Any such 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 Tenant shall be Tenant's sole option, elect to provide additional services or amenities for the tenants of the Building from time to time, risk and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rentresponsibility.

Service and Utilities. Lessor will provide water at those common points A. 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 supply provided for drinkinga type described in clauses (4) - (6) of Section XX.A. below), toilet and lavatory purposes and with electricity for ordinary office uses (not Landlord agrees to includemake available to the Premises, 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 during the Building's standard florescent lighting fixtures located normal business hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. and 1:00 p.m. on Saturday (holidays excepted), 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 Leased Premises; elevator service; janitorial service on comfortable use and occupation of the Premises for general office purposes and at a five (5) day per week basis, all level which is usual and customary in the manner, at times and to the extent as are typical for similarly-classed similar office buildings in the Bellairearea where the Project is located, Texas submarket. Notwithstanding anything contained herein to the 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 prevented 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, 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 the Rules of the Building as well as any governmental regulation thereof (i.e.requirements or standards relating to, rationingamong other things, temperature controlenergy conservation. Tenant agrees to pay, etc.) and as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, however, if 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 applicable services service or utilities are separately metered to the extent allowed pursuant Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such regulations 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. If any such utility or service is not separately metered to the Premises, Tenant shall be deemed required to be full compliance with the obligations and agreements of Lessor hereunder. Except pay any increased cost, as otherwise provided hereinadditional rent, Lessor shall not be liable in damages or otherwise for failure, stoppage or interruption of any such utility and service, nor shall the same be construed as an eviction of Lesseeincluding without limitation water, work an abatement of rentelectricity and HVAC, or relieve Lessee resulting 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 Premises at other times (that is, at times any time other than the times specified schedule of normal business hours for providing such utilities and services as reasonably determined by Landlord or any unusual or non-customary use beyond that which Landlord has agreed to make available as described above), or resulting from special electrical, cooling and ventilating needs created in which event Lessee shall reimburse Lessor certain areas by telephone equipment, computers and other similar equipment or uses. If the Building is designed for individual tenant operation of the actual HVAC, Tenant agrees to pay the cost Lessor incurs, as such cost may be adjusted from of operating the HVAC at any time to time, other than the schedule of hours for furnishing such services. Lessee hereby acknowledges and agrees that Lessor is obligated to provide only providing the services same set forth above, and that Lessor, its agents and representatives, have made no representations whatsoever which cost may include the operation of any additional services or amenities to be provided by Lessor now or in the future under this Lease Agreement. Notwithstanding HVAC for space located outside the foregoing, Lessee recognizes that Lessor may, at Lessor’s sole option, elect to provide additional services or amenities Premises when such space is serviced concurrently with the operation of the HVAC for the tenants benefit of the Building from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rentPremises.

Service and Utilities. Lessor will provide water at those common points A. 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 supply provided for drinkinga type described in clauses (4) - (6) of Section XX.A. below), toilet and lavatory purposes and with electricity for ordinary office uses (not Landlord agrees to includemake available to the Premises, 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 during the Building's standard florescent lighting fixtures located normal business hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturday (holidays excepted), 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 (32)judgment for the Leased Premises; elevator service; janitorial service on comfortable use and occupation of the Premises for general office purposes and at a five (5) day per week basis, all level which is usual and customary in the manner, at times and to the extent as are typical for similarly-classed similar office buildings in the Bellairearea where the Project is located, Texas submarket. Notwithstanding anything contained herein to the 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 prevented 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, 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 the Rules of the Building as well as any governmental regulation thereof (i.e.requirements or standards relating to, rationingamong other things, temperature controlenergy conservation. Tenant agrees to pay, etc.as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense of the full cost of all utilities supplied to the Premises, together with any taxes thereon; provided, however, if(33) 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 applicable services service or utilities (34)are separately metered to the extent allowed pursuant Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such regulations 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. If any such utility or service is not separately metered to the Premises, Tenant shall be deemed required to be full compliance with the obligations and agreements of Lessor hereunder. Except pay any increased cost, as otherwise provided hereinadditional rent, Lessor shall not be liable in damages or otherwise for failure, stoppage or interruption of any such utility and service, nor shall the same be construed as an eviction of Lesseeincluding without limitation water, work an abatement of rentelectricity and HVAC, or relieve Lessee resulting 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 Premises at any time 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rent.____________________

Service and Utilities. Lessor will provide water at those common points A. STANDARD BUILDING SERVICES AND REIMBURSEMENT BY TENANT See Addendum Sections XXXV.C.(2) and F. So long as Tenant is not in default hereunder (of supply provided for drinkinga type described in clauses (4) - (6) of Section XX.A. below), toilet and lavatory purposes and with electricity for ordinary office uses (not Landlord agrees to includemake available to the Premises, 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 during the Building's standard florescent lighting fixtures located normal business hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturday (holidays excepted), 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 (32) judgment for the Leased Premises; elevator service; janitorial service on comfortable use and occupation of the Premises for general office purposes and at a five (5) day per week basis, all level which is usual and customary in the manner, at times and to the extent as are typical for similarly-classed similar office buildings in the Bellairearea where the Project is located, Texas submarket. Notwithstanding anything contained herein to the 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 prevented 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, 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 the Rules of the Building as well as any governmental regulation thereof requirements or standards relating to, among other things, energy conservation. 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 of the full cost of all utilities supplied to the Premises, together with any taxes thereon, (i.e., rationing, temperature control, etc.33) 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 applicable services service or utilities (34) are separately metered to the extent allowed pursuant Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such regulations service. Tenant's obligations in this Section regarding utilities include, but are not limited to, 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 deemed required to be full compliance with the obligations and agreements of Lessor hereunder. Except pay any increased cost, as otherwise provided hereinadditional rent, Lessor shall not be liable in damages or otherwise for failure, stoppage or interruption of any such utility and service, nor shall the same be construed as an eviction of Lesseeincluding without limitation water, work an abatement of rentelectricity and HVAC, or relieve Lessee resulting 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 Premises at any time 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rent.--------------

Service and Utilities. Lessor will provide water at those common points of supply provided So long as Tenant is the only Tenant in the Building, Tenant shall pay, prior to delinquency, all charges for drinkingutility service for the entire Building, toilet including, but not limited to, water, gas, power and lavatory purposes electric current, telephone, trash removal, and all other materials and services in, on or about the Building during the Term, together with electricity for ordinary office uses (not to includeany taxes thereon; provided, 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 extent as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Notwithstanding anything contained herein to the contrary, Lessee Tenant shall not be responsible for paying the cleaning cost of (i) utility service for the Common Areas and stocking the outside of restroom supplies the Building ("Common Area and Outside Utility Costs"), and (ii) utility service 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 tenant space 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 prevented 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, the restoration of Building which is within Lessor’s reasonable control not leased by a tenant ("Unleased Tenant Space Utility Costs"). Landlord and not a result of force majeure, then Lessee shall be entitled Tenant agree 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 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 ismutually agree upon the amount of such Unleased Tenant Space Utility Costs prior to the expiration of the Temporary Term. In addition, at times other than so long as Tenant is the times specified above)only Tenant in the Building, Tenant has the right, in which event Lessee Tenant's sole but commercially reasonable discretion, to manage how the electrical systems and HVAC systems in the Building operate and service the Building provided that Tenant does not overload the electrical systems and HVAC systems serving the Building. For the avoidance of doubt, the preceding sentence means that Tenant shall reimburse Lessor have the right to change heating and cooling zones in the Building and to close vents for HVAC and/or electrical systems in the Building. At any time that Tenant is not the only tenant in the Building, Tenant shall pay, prior to delinquency, Tenant's pro rata share of (i) all charges for utility service for the actual cost Lessor incurs, as such cost may be adjusted from time to time, Leased Premises and (ii) all charges 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 utility service for the tenants of the Building from time to timeCommon Areas, such utility service includes, but is not limited to, water, gas, power and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rent.electric current, telephone,

Service and Utilities. Lessor will provide water at those (a) Landlord shall maintain the public and common points areas of supply provided for drinking, toilet and lavatory purposes and with electricity for ordinary office uses (not to 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 phasethe Building, including air conditioning costs thereforlobbies, large business machines stairs, elevators, parking areas, sidewalks, landscaping, corridors and similar equipment of high electrical consumption characteristics); ballast and lamp replacement for restrooms, the windows in the Building's standard florescent lighting fixtures located , the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in the Leased Premises; elevator service; janitorial service on a five (5) day per week basis, all in the manner, at times good order and to the extent as are typical for similarly-classed condition consistent with comparable first class office buildings in the Bellaireimmediate market area, Texas submarket. Notwithstanding anything contained herein to except for damage occasioned by the contraryact of Tenant, Lessee which damage shall be responsible for the cleaning and stocking of restroom supplies for any private restroom located within the Leased Premisesrepaired by Landlord at Tenant's expense. In the event Tenant requires or needs to have one or more separate systems of either heating, ventilating, air conditioning or other similar system over and above that Lessee requests Lessor to include private restroom cleaning provided by Landlord, the installation, care, expenses 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 maintenance of any change in the standard restroom cleaning and stocking rate and the giving of each such notice system shall be deemed an amendment borne by and paid for by Tenant. (b) Provided the Tenant shall not be in default hereunder, and subject to this Agreement the provisions elsewhere herein contained and Lessee shall thereafter pay to the adjusted rent. Lessee will pay all telephone charges. Lessor rules and regulations of the Building, Landlord agrees to furnish Lessee with refrigerated water at those points of supply provided for general use of other tenants in to the Building; heated and refrigerated air conditioning in season to be provided Premises during the ordinary business hours of 6:45 (being 8:00 a.m. to 6:00 p.m. on weekdays Monday through Friday, and at the written request of Lessee from 7:00 8:00 a.m. to 1:00 p.m. on Saturday) of generally recognized business days, at temperatures to be determined by Landlord (but exclusive, in any event, of Sundays and legal holidays), heat and air-conditioning which are, in amounts as are typical for similarly-classed Landlord's reasonable judgment, consistent with comparable first class office buildings in the Bellaireimmediate market area, Texas submarketreplacement of bulbs for building standard fluorescent lights and non-building standard lights, provided Tenant stocks the bulbs for all of Tenant's non-building standard lights, janitorial services during the times and in the manner that such services are, in Landlord's reasonable judgement, customarily furnished in comparable first class office buildings in the immediate market area, and elevator service. Failure Landlord shall use reasonable efforts to provide additional or after-hours heating or air-conditioning, but if Landlord elects to provide such series at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined from time to time by Lessor Landlord. Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said heating, ventilating, and air-conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air- conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of electricity and/or water therefor, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord agrees to furnish to the Premises electricity for general office purposes and water for lavatory and drinking purposes, subject to the provisions of subparagraph 12(c) below. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises, but Landlord will exercise due diligence to furnish uninterrupted service. (c) Tenant will not without the written consent of Landlord use any apparatus or device in the Premises, including without limitation, electronic data processing machines, computers, and machines using excess lighting or current which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electricity current or water. If Tenant in Landlord's judgment shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters, and of installation, maintenance, and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or resource consumed, as shown by said meters, as the rates charged for such resource, plus any additional expense incurred in keeping account of the water, electric current or other resource so consumed. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, not shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish or delay in furnishing any such utilities or services and utilities listed above to any extentwhen such failure or delay is caused by acts of God or the elements, or any cessation thereof, due to failure labor disturbances of any public utility character, any other accidents or other provider to furnish service to the Building, or any other cause conditions beyond the reasonable control of LessorLandlord, shall not render Lessor liable in any respect for damages or by the making of repairs or improvements to either person the Premises or propertyto the Building, 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, (iii) the phrase “causes beyond the reasonable control of Lessor” shall include, without limitation, acts curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service utility whatsoever serving the public enemyPremise or the Building. Furthermore, 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 prevented 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, the restoration of which is within Lessor’s reasonable control and not a result of force majeure, then Lessee Landlord shall be entitled to cooperate voluntarily in a reasonable abatement manner with the efforts of Rent national, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption. (d) Any sums payable under this Paragraph 12 shall be considered additional rent and may be added to any installment of rent thereafter becoming due, and Landlord shall have the same remedies for each consecutive day (after a default in payment of such ten (10) business day period) that Lessee is so prevented from using the Leased Premises. Additionally, sums as for a default in the event that Lessee is prevented from operating its business out payment of the Leased Premises because rent. (e) Tenant shall not provide any janitorial services without Landlord's written consent and then only subject to supervision of the unavailability of any Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. 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 services provided by Tenant 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, etcat Tenant's sole risk and responsibility.) 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 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rent.

Service and Utilities. Lessor will provide water at those common points A. Standard Building Services and Reimbursement by Tenant ------------------------------------------------------ So long as Tenant is not in default hereunder (including any default of supply provided for drinkinga type described in clauses (4) - (6) of Section XX.A. below), toilet and lavatory purposes and with electricity for ordinary office uses (not Landlord agrees to includemake available to the Premises, 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 during 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 extent as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Notwithstanding anything contained herein to the 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 normal business hours of 6:45 7:00 a.m. to 6:00 p.m. on weekdays p.m., Monday through Friday and at the written request of Lessee from 7:00 9:00 a.m. to 1:00 p.m. on SaturdaySaturday (holidays excepted), 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 temperatures a level which is usual and customary in amounts as are typical for similarly-classed similar office buildings in the Bellairearea where the Project is located, Texas submarketall 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. Failure Tenant agrees to pay, as a Common Operating Cost 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, 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, 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 such utility and service, including without limitation water, electricity and HVAC, resulting from any use of the Premises at any time other than the schedule of normal business hours for providing such utilities and services as reasonably determined by Lessor Landlord or any unusual or non-customary use beyond that which Landlord has agreed to 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 schedule 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 services to be $25.00 per hour. B. Limitation on Landlord's Obligations ------------------------------------ Landlord shall not be in breach of its obligations under this Section unless Landlord fails to make any repairs or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the services and utilities listed above to foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any extentcharacter, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, or by any other cause cause, similar or dissimilar, beyond the reasonable control of Lessor, shall not render Lessor liable in any respect for damages to either person or propertyLandlord, nor shall such failure under such circumstances be construed as an a constructive or actual eviction of Lessee, nor work an abatement of Rent, nor relieve Lessee from fulfillment of any covenant or agreement hereofTenant. 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 prevented 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, 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 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 Landlord shall not be liable under any circumstances for loss or injury to property or for any business interruption, however occurring, through or in damages connection with or otherwise for failure, stoppage incidental to Landlord's furnishing 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 failure 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 any of any additional services said service 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rentutilities.

Service and Utilities. Lessor will provide water at those common points of supply provided for drinkingLandlord shall supply, toilet and lavatory purposes and with electricity for ordinary office uses (not subject to 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 its ability to obtain the Building's standard florescent lighting fixtures located in same from the Leased Premises; elevator service; janitorial service on a five (5) day per week basis, all in the manner, at times and to the extent as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Notwithstanding anything contained herein to the 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 furnishing electricity to the Building, or any other cause beyond electrical power to the reasonable control of Lessor, shall not render Lessor liable in any respect for damages to either person or property, nor be construed Building including the Demised Premises (through equipment and facilities installed by Tenant 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 part of the public enemyTenant Improvements) and the common areas. Exclusive of HVAC, restraining Landlord shall provide six (6) xxxxx per usable square feet 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, space in the event Lessee is prevented from operating its business from the Leased Premises because Demised Premises, on a connected load basis, for light and power. The obligations 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, 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 Landlord hereunder shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) any rules 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 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 Lesseeauthority providing electricity to Landlord. Upon request of Lessee made Tenant shall, at Tenant's sole cost and expense, and in accordance with Schedule D hereof, install as part of the Tenant Improvements, submeters in ---------- the Demised Premises to measure Tenant's electrical consumption for light and power and air conditioning therein and Landlord shall furnish electricity to the Demised Premises on a submetered basis. The cost of Tenant's electrical consumption in the Demised Premises shall be paid by Tenant to Landlord, as Additional Rent hereunder and shall be charged to Tenant by applying the then current electricity supplier's rate as charged to Landlord ("Landlord's Rate") to the consumption determined by the submeter readings and adding thereto an amount equal to one half (1/2%) percent of the amount which is the result of such application, for Landlord's administrative costs in supplying electric to the Demised Premises on a submetered basis. Bills for such amounts shall be rendered to Tenant monthly and shall be payable by Tenant within twenty (20) Business Days after the date so rendered. The obligations of Landlord hereunder shall be subject to any rules and regulations for of the Building, Lessor will use its good faith efforts authority providing electricity to furnish air conditioning and heating at other times (that is, at times other than Landlord. For the times specified above), in which event Lessee shall reimburse Lessor for purpose of this Section 4.1(b) 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 rate to be provided paid by Lessor now Tenant shall include any taxes, energy charges, demand charges, fuel adjustment charges, rate adjustment charges, or other charges imposed by the utility company or any governmental body in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant by any federal, state, city or local authority, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included 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 xxxx of the Building from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rentpaid by Tenant.

Service and Utilities. Lessor will provide water at those common points A. Standard Building Services and Reimbursement by Tenant Landlord agrees to furnish to the Premises, between the hours of supply provided 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 drinking, toilet the comfortable use and lavatory occupation of the Premises for general office purposes and with electricity for ordinary office uses (not to include, however, data processing machines other than personal computers at a level which is usual 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 customary in 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 extent as are typical for similarly-classed office buildings in the Bellairearea where the Project is located, Texas submarket. Notwithstanding anything contained herein all of which shall be subject to the contraryRules of the Building as well as any governmental requirements or standards relating to, Lessee among other things, energy conservation. Water, electrical and elevator (if applicable) service shall be responsible supplied to the Premises at all times. 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 cleaning 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 stocking of restroom supplies electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any private restroom located within the Leased Premises. In the event that Lessee requests Lessor to include private restroom cleaning and suppliesincreased cost, Lessor shall charge a monthly fee to be set from time to timeas additional rent, currently at $150 per restroom per month. Lessor shall provide Lessee at least sixty (60) days' notice of any change in utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the standard restroom cleaning and stocking rate and Premises at any time other than 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 above scheduled Building Hours or any use beyond what Landlord agrees to furnish Lessee 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 refrigerated water at those points the operation of supply provided the HVAC for general use the benefit of other tenants in the Building; heated Premises. B. Limitation on Landlord's Obligations Landlord shall not be liable for and refrigerated air conditioning in season Tenant entitled to be provided during the hours any abatement or reduction 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 Saturdayrent by reason of, at temperatures and in amounts as are typical for similarly-classed office buildings in the Bellaire, Texas submarket. Failure by Lessor Landlord's failure to furnish any of the services and utilities listed above to foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any extentcharacter, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, or by any other cause cause, similar or dissimilar, beyond the reasonable control of Lessor, shall not render Lessor liable in any respect for damages to either person or propertyLandlord, nor shall such failure under such circumstances be construed as an a constructive or actual eviction of Lessee, nor work an abatement of Rent, nor relieve Lessee from fulfillment of Tenant. Notwithstanding 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 enemyforegoing, 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 prevented 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, 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 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 Landlord shall not be liable under any circumstances for loss or injury to the property or business of Tenant, however occurring, through or in damages connection with or otherwise for failure, stoppage incidental to Landlord's furnishing 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 failure 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 any of any additional services said service 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 from time to time, and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to any abatement of or reduction in rentutilities.