Common use of Service and Utilities Clause in Contracts

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant Landlord agrees to furnish to the Premises, between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hour. B. Limitation on Landlord's Obligations Landlord shall not be liable for and Tenant entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Notwithstanding any of the foregoing, Landlord shall not be liable under any circumstances for loss or injury to the property or business of Tenant, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any of said service or utilities.

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant Landlord agrees to furnish 13.1 Subject to the Premisesprovisions contained elsewhere herein and to the rules and regulations of the Building, between Landlord shall cause to be furnished to the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours")Premises electricity, heat together with heating, ventilating and air conditioning (hereinafter "HVAC"), required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), during the business hours of the Building, which shall initially be 7:00 A.M. to 6:00 P.M., Monday through Friday, except for general holidays determined by Landlord from time to lime, and janitorial services during the times and in the manner that such services are customarily furnished in comparable office purposes buildings in the immediate market area. Landlord shall, at Tenant's request, provide after-hours HVAC to the Premises, provided that Tenant shall pay to Landlord a charge therefor as reasonably determined by landlord from time to time. Tenant shall notify Landlord in advance prior to noon on any business day of Tenant's after-hour HVAC requirements. Tenant shall keep and cause to be kept closed all window coverings when necessary because of the sun's position, and Tenant shall at a level all times cooperate fully with Landlord and abide by all the regulations and requirements which is usual Landlord may prescribe for the proper functioning and customary protection of the heating, ventilating and air conditioning system. If any heat- generating machines, excess lighting or equipment used in the Premises affects the temperature otherwise maintained by the air conditioning system for the Premises and the Building, or requires additional cooling for its operation, Landlord may install supplementary air conditioning for the Premises, and the cost thereof (including, but not limited to, the cost of installation, operation and maintenance thereof) shall be paid by Tenant to Landlord upon demand by Landlord. 13.2 Tenant shall not, without the prior written consent of Landlord, use in the Premises any apparatus, device, machine or equipment using excess righting, electricity or water, nor shall Tenant connect any apparatus or device to sources of electrical current or water except through existing electrical outlets or water pipes in the Premises. If Tenant shall require excess electricity or any other resource in excess of that customarily supplied for use of similar premises, in comparable office buildings in the area where of the Project is locatedProject, all Tenant shall first request the consent of which Landlord. In the event that Landlord gives its consent, Tenant may cause a separate metering device to be installed in the Promises. The cost of any such separate metering device including, but not limited to, the cost of installation, maintenance and repair thereof shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V hereinpaid by Tenant. Tenant agrees to pay, as a Common Operating Expense except as provided below, shall promptly pay the full cost of all utilities supplied to excess resources consumed within the Premises, together with any taxes thereonadditional administrative expense incurred by Landlord in connection therewith. For purposes of the foregoing, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required deemed to pay any increased cost, as additional rent, consist of any utilities amount in excess of 2.5 kilowatt hours at 277 volts per rentable square foot on an annualized basis for fluorescent lighting and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises 2.5 kilowatt hours at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC 120 volts per rentable square foot on an annualized basis for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hourconvenience power. B. Limitation on Landlord's Obligations 13.3 Landlord shall not be in default hereunder or be liable for and Tenant entitled to any abatement damages directly or reduction indirectly resulting from any interruption of rent by reason of, Landlord's failure to furnish any of the foregoing when such failure is utilities or services caused by accidents(i) the installation or repair of any equipment in connection with the furnishing of utilities or services, breakage(ii) acts of God or the elements, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar accidents or dissimilar, any other conditions beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction by the making of Tenantrepairs or improvements to the Premises or the Project, or (iii) the limitation, curtailment, rationing or restriction imposed by any governmental agency or service or utility supplier on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Notwithstanding any of the foregoingFurthermore, Landlord shall not be liable under entitled, without any circumstances for loss obligation or injury compensation to the property or business of Tenant, however occurringto cooperate voluntarily in a reasonable manner with the efforts of national, through state or in connection with local governmental agencies or incidental to Landlord's furnishing or failure to furnish any of said service or utilitiesutility suppliers in reducing energy or other resource consumption. If Landlord shall so cooperate, Tenant shall also reasonably cooperate therewith. 13.4 Any sums payable under this Section 13 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 a default in payment of such sums as for a default in the payment of rent.

Service and Utilities. A. Standard Building Services Landlord agrees, without charge, except as provided herein, and Reimbursement by Tenant Landlord agrees in accordance with standards from time to time prevailing for office buildings in the Metro Denver, Colorado area, to use reasonable efforts to furnish water to the PremisesBuilding for use in lavatories and drinking fountains (and to the Premises if the plans for the Premises so provide); to furnish heated or cooled air to the Premises as, between in the hours judgment of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours")Landlord, heat and air conditioning (hereinafter "HVAC"), may be reasonably required in Landlord's judgment for the comfortable use and occupation occupancy of the Premises during ordinary business hours (7:00 A.M. to 6:00 P.M. Monday through Friday and 7:00 A.M. to 12:00 Noon Saturday, excluding legal holidays); to provide janitorial services for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all (except such janitorial services as Tenant may elect to supply directly), such janitorial services to be provided five (5) times at Landlord's costa week, which cost is subject excluding legal holidays; and during ordinary business hours to furnish electric current for lighting the provisions Premises and public halls. Such janitorial services shall not include an obligation by Landlord to provide for the cleaning of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part private bathrooms nor require shampooing of Tenant's Proportionate Share floor coverings or cleaning Tenant's draperies or other improvements which are not defined as building standard. In regard to electricity, it is understood that Tenant shall use such electric current only for building standard lighting, desktop computers and servers, copiers, scanners, facsimiles, modems, and equipment typically used in a depository institution, which shall not at any time exceed the capacity of Common Operating Costs except the standard xxxxx per square foot guideline established for separately metered landlord by its electrical consultants, and excess service to the extent that electric current is used for any other purpose, including computer areas, Tenant's rent may be increased from time to time by Landlord in such amounts as provided belowLandlord reasonably determines to cover the actual costs of such increased use. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, require water, electricity and HVACelectric current, resulting from any heat or air conditioning in excess of that usually furnished or supplied for use of the Premises at any time other than as general office space, as determined solely by Landlord, Tenant shall first procure the above scheduled Building Hours or any consent of Landlord for the use beyond what Landlord agrees to furnish as described abovethereof, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or useswhich consent shall not be unreasonably withheld. Tenant agrees to pay to Landlord such amounts as Landlord reasonably determines are necessary to cover the actual costs of such increased use. In the event of excessive water or electric use by Tenant, Landlord may, at its option and at Tenant's expense, require a water meter or electric current meter to be installed in the premises to assist Landlord in determining the amount by which Tenant's rent should be increased. The cost of such meters and installation, maintenance and repair thereof shall be paid for by tenant. Such increases shall be paid monthly. Tenant may request Landlord to furnish utilities and services for use by Tenant, it customers and employees during times other than normal business hours. Landlord shall not unreasonably withhold approval of the request, provided Tenant shall pay as additional rent the actual cost of such utilities and services and shall comply with Landlord's Rules and Regulations with respect to use of the utilities and services during extended hours. Wherever machines or equipment which generate heat either as a prime purpose or as an incidental effect are used by Tenant 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 therefor, including the cost of installation, operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premisesand maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Landlord estimates the cost of such HVAC service to be $25.00 per hour. B. Limitation on Landlord's Obligations Tenant agrees that Landlord shall not be liable for and Tenant entitled failure to supply any such heating, air conditioning, elevator, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, or during any period Landlord is required to reduce or curtail such services pursuant to any abatement applicable laws, rules or reduction regulations nor or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of rent them (either temporarily or permanently), at such times as it may be necessary by reason ofof accident, Landlord's failure to furnish any unavailability of the foregoing when such failure is caused by accidents, breakageemployees or materials at reasonable cost, repairs, alterations, improvements, strikes, brownoutslockouts, blackoutsriots, lockouts acts of God, application of applicable laws, statutes, rules and regulations, governmental or other labor disturbances or labor disputes of any characterutility moratoriums, or by curtailments, or due to any other cause, similar or dissimilar, happening beyond the reasonable control of Landlord. In the event of any such interruption, nor shall such failure under such circumstances be construed as a constructive reduction or actual eviction discontinuance of Tenant. Notwithstanding any of the foregoingLandlord's services (either temporary or permanent), Landlord shall not be liable under for damages to persons or property as a result thereof, nor shall the occurrence of any circumstances for loss or injury to the property or business such event in any way be construed as an eviction of Tenant, however occurringor cause or permit an abatement, through reduction or in connection with setoff of rent, or incidental operate to Landlord's furnishing or failure to furnish release Tenant from any of said service Tenant's obligations hereunder. Prior to delinquency, Tenant shall pay for all telephone, cable and data/ communication service, and all other materials and services not expressly required to be paid by Landlord which may be furnished to or utilitiesused by Tenant in, on or about the Premises during the term of this Lease.

Service and Utilities. A. Standard Building Services and Reimbursement by Tenant (a) Subject to the provisions of subsection (c) below, Landlord agrees to furnish to the Premises, between the hours of 7:00 a.m. that all hot and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours"), heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard cold water, electrical sewer, electricity, gas, telephone and elevator (if applicable) service other utilities are available and shall be supplied to the Premises at all times at Landlord's cost, which cost is subject in sufficient quantities to the provisions of Section V herein. meet Tenant’s reasonably anticipated requirements for general office use. (b) Tenant agrees to paypay directly to the service provider or, if not separately billed, to Landlord as a Common Operating Expense except as provided belowadditional rent, all water rent and sewer service charges chargeable to the full cost Building. Tenant shall pay all costs of all electricity, gas, telephone and other utilities supplied to used or consumed on the Premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any taxes thereonsuch utilities, charges or taxes, Landlord may, at its option following not less than ten (10) days’ prior written notice to Tenant, pay the same for and on Tenant’s account, in which case Tenant shall promptly reimburse Landlord therefor. (c) Landlord agrees to provide the above-listed utilities. Landlord also agrees to provide maintenance, repair and refurbishing for the roof, exterior Building, exterior site, and Building, utility and fire and life safety systems (but excluding the HVAC system for the data center, the exterior generator for the Building, and the specialty fire suppression system, all collectively referred to as part the “Tenant’s Specialty Equipment”); and landscaping, maintenance, repair, refuse removal from the exterior dumpster (it being understood that Tenant will be responsible for maintenance, repair and replacement of Tenant's Proportionate Share ’s Specialty Equipment and for its own refuse removal within the interior of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises), Tenant shall pay window cleaning, snow removal, illumination of the cost thereof in a timely manner directly to parking and common areas within 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 PremisesProperty, and for all electric light lamps or tubes. Tenant shall be required access to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described aboveProperty twenty-four hours per day, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or usesseven days per week. Tenant agrees to pay the cost of operating the HVAC shall, at any time other than the above scheduled Building Hoursits own expense, which cost may include the operation provide its own janitorial and maintenance services for maintenance of the HVAC for space located outside interior of the Premises when such space is serviced concurrently with throughout the operation term of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hourLease, and shall keep all trash and debris properly stored until picked up at Tenant’s expense. B. Limitation on Landlord's Obligations (d) Landlord shall not be in default hereunder or be liable for and Tenant entitled to any abatement damages directly or reduction of indirectly resulting from, nor shall the rent be abated by reason ofof (i) the installation, Landlord's use of interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any of the foregoing when such services where such failure or delay is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction by the making of Tenantnecessary repairs or improvements to the Premises or Building; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, gas or any other form of energy serving the Premises or Building; except in each case to the extent caused by Landlord’s negligence or willful acts or that of Landlord’s agents, employees, contractors, invitees or licensees. Notwithstanding any of the foregoing, Landlord shall not be liable under any circumstances for a loss of or injury to the property or business of Tenantbusiness, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any such services, except to the extent caused by Landlord’s negligence or willful acts or that of said service Landlord’s agents, employees, contractors, invitees or utilitieslicensees.

Service and Utilities. A. Standard Building Services and Reimbursement by (a) Provided Tenant is not in breach hereof, Landlord agrees to furnish to the Premises, between the Premises during reasonable hours of 7:00 a.m. generally recognized business days, to be determined by Landlord at its sole discretion, and 6:00 p.m. on Monday through Friday subject to the Rules and between 8:00 a.m. Regulations of the Building (Exhibit C) of which the Premises are part, electricity for normal lighting and 12 noon on Saturday (Sunday and legal holidays excepted) (hereinafter "Building Hours")fractional horsepower office machines, heat and air conditioning (hereinafter "HVAC"), required in Landlord's judgment judgement for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator (if applicable) service shall be supplied to the Premises at all times at Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use of the Premises at any time other than the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premisesjanitorial service. Landlord estimates shall also maintain and keep lighted the cost of such HVAC service to be $25.00 per hour. B. Limitation on Landlord's Obligations common stairs, common entries and toilet rooms in the Building. Landlord shall not be liable for for, and Tenant shall not be entitled to to, any abatement or reduction of rent rental by reason of, of Landlord's failure to furnish any of the foregoing when such failure is caused by accidentsaccident, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction by rationing or restrictions on the use of Tenant. Notwithstanding said services and utilities due to energy shortages or other causes, whether or not any of the foregoingabove result from acts or omissions of Landlord. Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. Furthermore, Landlord shall not be liable under any circumstances for loss a loss-or injury to the property or business of Tenantproperty, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any.of the foregoing. *See Addendum I #11. (b) Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld, use heat generating machines or equipment or lighting other than Building Standard lights in the Premises which affect the temperature otherwise maintained by the air conditioning system. If such consent is given, Landlord shall have the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of installation, operating and maintenance thereof, shall be paid by Tenant to Landlord upon billing by Landlord. Said cost shall include the cost of electrical metering necessary to determine the additional operating cost attributable to the supplementary equipment. Tenant shall not, without Landlord's prior vritten consent, install lighting requiring power in excess of that required for normal office use in the building or install equipment requiring power in excess of that required by normal desk-top office equipment. If such consent is given, Tenant shall pay Landlord upon billing for the cost of such excess. All costs payable by Tenant under this Paragraph shall be deemed to be, and shall be paid as, additional rent. (c) Tenant shall not employ any person or persons other than the janitorial service designated by Landlord from time to time for the purpose of cleaning the Premises unless otherwise agreed to by Landlord. Except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be permitted to enter the Building for the purpose of cleaning the same. Tenant shall not cause any unnecessary labor by reason of its carelessness or indifference in the preservation of good order and cleanliness. Landlord shall in no way be responsible to any Tenant for any loss of property on the Premises, however occurring, or for any damage done to the effects of any Tdnant by the janitor or any other employee or any other person. Janitor service shall include ordinary dusting and cleaning by the janitor assigned to do such work and shall not include cleaning of carpets or rugs, except normal vacuuming, or moving of furniture and other special services. Janitor service will not be furnished on nights when rooms are occupied after 7:30 p.m. or to rooms that are locked. Window cleaning shall be done only by Landlord at Landlord's discretion and only between 6:00 a.m. and 5:00 p.m. (d) On Saturdays, Sundays, and legal holidays, and on other days between the hours of 6:00 p.m. and 7:00 a.m. the following day, access to the Building, to the halls, corridors, elevators, or stairways in the Building, or to the Premises shall be restricted. Tenant may make arrangements with Landlord to allow access, in which case tenant shall be responsible for seeing that the access doors are properly locked after entry and exit during these hours. Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building during the continuance of the same by closing the doors or otherwise, for safety of Tenants and protection of property in the Building and the Building. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building on Saturdays and Sundays and legal holidays, and on other days between the hours of 6:00 p.m. and 7:00 a.m., and during such further hours as Landlord may deem advisable for the adequate protection of said Building and the property therein. (e) The requirements of Tenant will be attended to only upon application to the office of the Building. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instructions from Landlord and no employee will admit any person (Tenant or otherwise) to any office without specific instructions from Landlord. (f) Tenant agrees that it shall comply with all fire and security regulations that may be issued from time to time by Landlord, and Tenant also shall provide Landlord with the name of a designated responsible employee to represent Tenant in all matters pertaining to such fire or security re regulations. (g) Landlord shall furnish heating and air conditioning during normal business hours (7:00 a.m. to 6:00 p.m.), excluding Saturdays, Sundays, and legal holidays. In the event Tenant requires heating and air conditioning during hours other than these, normal business hours, Landlord shall, upon seven (7) days written notice, provide such service at Tenant's expense in an amount to be agreed upon before said service is provided by Landlord. (h) Tenant shall pay for prior to delinquency, all telephone and all other materials, utilities, and services not expressly the obligation -of Landlord that are furnished to or utilitiesused on or about the Premises during the term of this Lease. (i) Electric wires, telephones, telegraphs, or other electric apparatus other than those installed by Landlord at the time Tenant occupies the Premises shall not be installed in the Premises, except with the approval of Landlord, and no such installation is to be made without first obtaining written permission from Landlord to do such vork. Any installation of telephones, telegraphs, electric wires, or other electric apparatus made without permission shall be removed by Tenant at Tenant's own expense. No machines other than standard office machines such as personal computers, word processors, typewriters and calculators shall be used in the Premises vithout the approval of Landlord. Tenant will not, vithout Landlord's prior written consent, install or use any apparatus or device in the Premises that require in excess of 110 volts, or that in the total overload the Building's electrical system in Landlord's reasonable opinion, or that will in any way increase the amount or quality of electricity or water usually furnished or supplied for use of the Premises as general office space, nor shall Tenant connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water.

Service and Utilities. A. Standard Building Services Subject to Tenant’s obligations specified in this Lease, from and Reimbursement by Tenant after the Rent Commencement Date, Landlord agrees to furnish will provide to the PremisesPremises the following services and utilities in accordance with applicable Law and in a manner commensurate with operation and maintenance of a class A downtown office building: (a) heating, between the hours of 7:00 a.m. cooling and 6:00 ventilation during Building Hours (b) Building standard janitorial service after 5:30 p.m. on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays), (c) electric power from the utility provider sufficient for customary lighting purposes and between 8:00 a.m. normal office use, (d) standard hot and 12 noon on Saturday cold water in bathrooms provided by Landlord and cold water in kitchenettes/pantry areas (Sunday Tenant shall be responsible for installing water heaters to serve such areas); (e) passenger elevator service (with at least two (2) elevators in operation at all times, except in the event of an emergency), (f) landscaping and legal holidays exceptedsnow removal during the seasons they are required, (g) exterior window cleaning service, and (hereinafter "h) access controls, lobby staff and roving tours by unarmed personnel. If Tenant requires heating, cooling or ventilation beyond the Building Hours"), heat and air conditioning (hereinafter "HVAC"), required then Landlord will furnish the same upon request in accordance with the Landlord's judgment ’s customary procedures for the comfortable use and occupation Building. Water usage in excess of the Premises for general office purposes and at a level which is usual and customary that described in similar office buildings in the area where the Project is located, all of which clause (d) above shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical considered excess usage and elevator (if applicable) service shall be supplied to the Premises provided at all times at Landlord's cost, which Tenant’s cost is subject to the provisions of under Section V herein14.3. Tenant agrees to pay, as a Common Operating Expense except as provided below, the full cost of all utilities supplied to the Premises, together with any taxes thereon, as part of Tenant's Proportionate Share of Common Operating Costs except for separately metered and excess service as provided below. If any such service or utilities are separately metered to the Premises, Tenant shall pay the for such extra service in accordance with Landlord’s then current schedule of costs and charges, which shall reflect Landlord’s reasonably estimated cost thereof in a timely manner directly to the utility company of providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to initial connection charges, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, service (including, without limitation, a reasonable activation fee and Landlord’s reasonable allocation of the costs for electricity, water, electricity sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and HVACtear and repairs and maintenance to provide such services) but without a profit increment. HVAC services provided by Landlord to Tenant are based upon an assumed maximum premises population in the Premises of one (1) person per 120 square feet of rentable area, resulting from any use which limit Tenant shall in no event exceed. Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty four (24) hours per day each day of the Premises year (except in the event of an emergency and subject to Landlord’s reasonable security requirements) subject to reasonable periods of closure for testing of mechanical and life safety equipment and repairs and maintenance. To the extent allowed by Law, Landlord will attempt to schedule such testing outside of Building Hours. Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility (defined in Section 24.1) at times other than Building Hours. An initial supply of up to 2,100 access cards shall be provided to Tenant at no cost to Tenant and Landlord may charge Tenant for all additional or replacement cards at Landlord’s then-current standard and reasonable charge. Tenant is responsible for all access cards issued to Tenant and must immediately deactivate the card of any time person who is no longer authorized to access the Premises. Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. All persons entering or exiting the Building at times other than the above scheduled Building Hours or any use beyond what Landlord agrees shall, at Landlord’s discretion, be required to furnish as described above, or resulting from special electrical, cooling sign in and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit of the Premises. Landlord estimates the cost of such HVAC service to be $25.00 per hourout. B. Limitation on Landlord's Obligations Landlord shall not be liable for and Tenant entitled to any abatement or reduction of rent by reason of, Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Notwithstanding any of the foregoing, Landlord shall not be liable under any circumstances for loss or injury to the property or business of Tenant, however occurring, through or in connection with or incidental to Landlord's furnishing or failure to furnish any of said service or utilities.

Service and Utilities. A. Standard (a) Landlord shall maintain the public and common areas of the Building, including lobbies, stairs, elevators, escalators, parking facilities, loading docks and areas, corridors and restrooms, the windows of the Building, the mechanical, plumbing and electrical equipment serving the Building Services and Reimbursement the structure itself in reasonably good order and condition except for damage occasioned by the act of Tenant, which damage shall be repaired 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 systems over and above that provided by Landlord, the installation, care, expense and maintenance of each such system shall be borne by and paid for by Tenant. (b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations of the Building, Landlord agrees to furnish to the Premises, between the Premises during ordinary business hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 12 noon on Saturday generally recognized business days to be determined by Landlord (Sunday but exclusive in any event of Sundays and legal holidays excepted) (hereinafter "Building Hours"holidays), heat electrical service, heart and air air-conditioning (hereinafter "HVAC"), required in Landlord's judgment for the comfortable use and occupation of the Premises for general office purposes Premises, janitorial services during the times and at a level which is usual and customary in similar the manner that such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the area where the Project is locatedimmediate market area, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Standard water, electrical and elevator service. (if applicablec) service Landlord shall be supplied provide additional or after-hours heating or air-conditioning at Tenant's reasonable request. Tenant shall pay to the Premises at all times at Landlord a reasonable charge for such services as determined from time to time by Landlord's cost, which cost is subject to the provisions of Section V herein. Tenant agrees to paykeep and cause to be kept closed all window coverings, as a Common Operating Expense except as provided belowif any, when necessary because of the full cost sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all rules, regulations and requirements which Landlord may prescribe for the proper functioning and protection of lighting, heating, ventilating, and air-conditioning systems and to comply with all utilities supplied to laws, ordinances and regulations respecting the Premisesconservation of energy. In the event heat-generating machines, 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 lighting or utilities are separately metered to equipment used in the Premises affect the temperature normally maintained by the air-conditioning units in 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 chargesLandlord upon demand by Landlord, all charges for gas, water and electricity used on the Premises, and for all electric light lamps or tubes. Tenant shall be required to pay any increased cost, as additional rent, of any utilities and services, including, without limitation, water, electricity and HVAC, resulting from any use costs incurred by Landlord in excess of the Premises at any time other than ordinary costs of maintaining the above scheduled Building Hours or any use beyond what Landlord agrees to furnish as described above, or resulting from special electrical, cooling and ventilating needs created in certain areas by telephone equipment, computers and other similar equipment or uses. Tenant agrees to pay the cost of operating the HVAC at any time other than the above scheduled Building Hours, which cost may include the operation of the HVAC for space located outside the Premises when such space is serviced concurrently with the operation of the HVAC for the benefit normal temperature of the Premises. Landlord estimates agrees to furnish to the cost of such HVAC service Leased Premises electricity for general office purposes and hot and cold water for lavatory and drinking purposes, subject to be $25.00 per hour. B. Limitation on Landlord's Obligations the provisions in Subparagraph 13(d) below, Landlord shall not in no event be liable for any interruption or failure of utility services on the Premise, but Landlord will exercise commercially reasonable efforts to furnish uninterrupted service. (d) Tenant will not without the written consent of Landlord use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines, and machines using excess lighting or electrical 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 will Tenant entitled to any abatement or reduction of rent by reason of, without Landlord's failure to furnish prior written consent connect with electrical current, except through existing electrical outlets in the Premises, or water pipes in the Premises, any apparatus or device for the purpose of using electrical current or water, provided that Tenant may rely upon any such consents or approvals by Landlord as satisfying all obligations of Tenant hereunder. If Tenant in Landlord's judgment shall require water or electrical current or any other resource in excess of that usually furnished or supplied for use of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and service; (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by accidentsacts of God or the elements, breakage, repairs, strikes, brownouts, blackouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar accidents or dissimilar, other conditions beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction by the making of Tenantrepairs or improvements to the Premises or to the Building; (iii) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Notwithstanding any of the foregoingFurthermore, Landlord shall not be liable entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state and local governmental agencies or utilities suppliers in reducing or other resources consumption. (e) Any sums being payable under any circumstances for loss or injury this Paragraph shall be considered additional rent and shall be added to the property or business next installment of Tenant, however occurring, through or rent thereafter becoming due and Landlord shall have the same remedies for a default in connection with or incidental to payment of such sums as for a default in the payment of rent. (f) Tenant shall not provide any janitorial services without Landlord's furnishing written consent and then only through a janitorial contractor or failure employees at all times satisfactory to furnish any and under supervision of said service or utilitiesLandlord. Any such services provided by Tenant shall be at Tenant's sole expense, risk and responsibility.