Common use of Services and Expenses Clause in Contracts

Services and Expenses. Master Landlord will supply all utilities and services associated with the Leased Premises and the Property, including but not limited to, those items listed in Part I of this Occupancy Agreement and shall pay all cost and expense of the utilities and services expressly listed as Master Landlord’s responsibility in Section 14(b) of the Occupancy Agreement. Occupant will pay for and will contract directly with and post all deposits required by all other utilities, services, costs or expenses for utilities and services to the Leased Premises, including those items listed in Section 14(a) Part I of this Occupancy Agreement. All utility accounts shall be in the name of the Occupants and all utilities shall be billed directly by the applicable utility provider to the Occupants for payment, beginning on the start date of this lease and terminating on the end date of this lease. The Occupants of the Leased Premises will allocate among themselves their pro rata share of such utility costs and expenses. To the extent required by utility service provider, Landlord shall confirm in writing the obligation of the College to pay utility service charges which students fail to pay. Additionally, Landlord shall indemnify, defend and hold Master Landlord harmless from and against any and all claims, losses, liabilities, causes of action, costs and/or expense arising directly or indirectly, from Landlord’s failure to pay the utility costs described above within fifteen (15) days following notice of non-payment of such charges by Occupants of the Leased Premises, including, without limitation, any and all claims against Master Landlord from any utility company providing service to the Leased Premises, and any and all losses arising from such utility company’s refusal to provide service to the Leased Premises as a result of non-payment by Landlord. The indemnification obligations contained in this Section shall survive the termination or expiration of this Agreement. Master Landlord shall ensure that any snow and ice removal from the sidewalks on the Property shall be done within a reasonable time and in accordance with all snow and ice removal regulations and ordinances. Master Landlord shall keep all lawn and shrubbery care in a neat condition and in accordance with all applicable regulations and ordinances. Master Landlord has the right to turn off temporarily any utility or other service to the Leased Premises in order to make repairs or do maintenance. Master Landlord shall not be responsible for any interruptions or failures in utilities or services unless such interruption or failure is caused by Master Landlord.

Services and Expenses. Master 8.01. Landlord will supply all utilities agrees to keep in good order, condition and services associated with repair the foundations, exterior walls and roof of the Leased Premises Property and the Building (but excluding the exterior and interior of all doors) and the common areas, except for reasonable wear and tear and except for any damage thereto caused by any act or negligence of Tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord shall provide Tenant with heating, ventilation and air conditioning at all times. Heating, ventilation and air conditioning shall be thermostatically controlled within the Leased Property and Tenant agrees to operate the same so that the temperature within the Leased Property will be sufficient for Tenant's comfort use and occupancy. Electricity shall be provided by Landlord in sufficient amounts to provide lighting and to operate an amount of office machines commonly used in normal office uses excluding computer operations which require additional or extraordinary power usage or cooling requirements. /s/ Landlord shall provide normal janitorial service five (5) days a week and adequate elevator service to the I eased Property and the Building. Landlord's obligation to furnish services shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, fighting and power as required by any mandatory or voluntary fuel or energy conservation program provided the voluntary reduction does not adversely affect Tenant's comfort, use and occupancy of the Leased Property. Except as specifically provided herein, including but not limited toTenant shall pay, those items listed in Part I at its sole cost and expense, all charges for services and utilities used in, upon or about the Leased Property. Landlord may, from time to time, prescribe rules and regulations for implementation of this Occupancy Agreement paragraph. Tenant shall separately meter, contract and shall pay all cost and expense of the utilities and services expressly listed as Master Landlord’s responsibility in Section 14(b) of the Occupancy Agreement. Occupant will pay costs for and will contract directly with and post all deposits required by all other utilities, services, costs or expenses for utilities and services electricity supplied to the Leased Premises, including those items listed in Section 14(a) Part I of this Occupancy AgreementProperty. 8.02. All utility accounts shall be in the name of the Occupants and all utilities shall be billed directly by the applicable utility provider to the Occupants for payment, beginning on the start date of this lease and terminating on the end date of this lease. The Occupants of the Leased Premises will allocate among themselves their pro rata share of such utility costs and expenses. To the extent required by utility service provider, Landlord shall confirm in writing the obligation of the College to pay utility service charges which students fail to pay. Additionally, Landlord shall indemnify, defend and hold Master Landlord harmless from and against any and all claims, losses, liabilities, causes of action, costs and/or expense arising directly or indirectly, from Landlord’s failure to pay the utility costs described above within fifteen (15) days following notice of non-payment of such charges by Occupants of the Leased Premises, including, without limitation, any and all claims against Master Landlord from any utility company providing service to the Leased Premises, and any and all losses arising from such utility company’s refusal to provide service to the Leased Premises as a result of non-payment by Landlord. The indemnification obligations contained in this Section shall survive the termination or expiration of this Agreement. Master Landlord shall ensure that any snow and ice removal from the sidewalks on the Property shall be done within a reasonable time and in accordance with all snow and ice removal regulations and ordinances. Master Landlord shall keep all lawn and shrubbery care in a neat condition and in accordance with all applicable regulations and ordinances. Master Landlord has the right to turn off temporarily any utility or other service to the Leased Premises in order to make repairs or do maintenance. Master Landlord shall not be responsible obligated to perform any service or to repair or maintain any structure or facility except as provided in this Section and Section 9 hereof. Landlord shall not furnish telephone facilities or service except as may be provided in Exhibit C. As the Leased Property are part of an entire building containing general systems of electricity and plumbing, Tenant shall have no responsibility for the same beyond the Leased Property, nor for any interruptions portions thereof running through, in, or failures across the Leased Property but not serving the same. Landlord agrees to keep said general systems in utilities repair so that the portions thereof which are a part of and serve the Leased Property will function properly if such portions be kept in good condition and repair by Tenant. 8.02.1. Landlord covenants that it will, at its own cost and expense, make any and all repairs which may at any time be necessary by reason of any structural defects in the Leased Property or services unless the Building or by reason of dry rot or termites, but only to the extent that such interruption structural defects or failure is caused to maintain affects the Leased Property, and will repair any and all damage to the Leased Property which may result therefrom. 8.03.1. Throughout the term hereof, Tenant will pay to Landlord monthly in advance in addition to the rental specified in Section 3 hereof, as further additional rent, a pro rata portion of the amount by Master Landlordwhich Building Operating Costs, (less electricity expenses for other Tenants suites), incurred by Landlord during each calendar year occurring during the term of this Lease exceed an amount equal to $0.30 per month multiplied by the gross leasable square footage of the Building, Tenant's pro rata portion of said amount shall equal the percentage which the number of gross leasable square feet of the Leased Property bears to the total number of gross leasable square feet of the Building.