Common use of Services and Utilities Clause in Contracts

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.

Services and Utilities. 13.1 Subject to Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the other provisions Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date of this Lease, Landlord agrees . If any such services are not separately metered to furnish to the common areas of the Building, the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utilityTenant, Tenant shall paypay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, upon demandwithout the written consent of Landlord, as additional rentcontract with a utility provider to service the Premises with any utility, for all electricity used by Tenant including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utilityBuilding. Landlord shall not in no event be liable for, and Tenant shall not be entitled to, for any abatement interruption or reduction failure of rental by reason of Landlord's failure utility services on or to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use all commercially reasonable efforts to remedy restore any interruption in service required of it that becomes unavailable. Notwithstanding the furnishing of services and utilities. Landlord shall not (except in foregoing, if Tenant is prevented from using the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service Premises because of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost unavailability of any such meters service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and any additional installations or expense required or incurred as such unavailability was not caused by a result of the increased capacity governmental directive, then Tenant shall be paid entitled to a reasonable abatement of rent for by Tenant. each consecutive day (after such five-day period) that Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, is so prevented from using the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedPremises.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord Lessor agrees to furnish to the common areas premises during reasonable hours of the Buildinggenerally recognized business days, the following services to be determined by Lessor, and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) building of which the premises are a part, water and electricity suitable for normal office the intended use of the Premises; (b) premises, heat and air conditioning required in Landlord's judgment necessary for the comfortable use and occupation of the common areas of the Building; (c) cleaning premises, and janitorial service for service. Lessor shall also maintain and keep lighted the common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; andstairs, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant entries and toilet rooms in the Premises, including building of which the usage of any temporary power supplied to Tenant prior to the Commencement Datedemised premises are a part. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant Lessee shall not be entitled to, to any abatement or reduction of rental by reason of LandlordLessor's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable foregoing when such failure is caused by accidentaccidents, breakage, repairs, strikes, lockouts of other labor disturbances or labor disputes of any character, energy usage restrictions or by any other similar cause, similar or dissimilar, beyond the reasonable control of LandlordLessor; provided, should Lessor fail to furnish such services for a continuous period of time in excess of ten (10) days unless the result of causes beyond Lessor's reasonable control, Lessee shall, as of the eleventh (11th) day have the right to reduce its rental by reason of such failure to supply services. Wherever heat generating machines or equipment are used in the premises which affect the temperature otherwise maintained by the air conditioning system. Lessor reserves the right to install supplementary air conditioning units in the premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor. Lessee will not, without the written consent of Lessor, use any apparatus or device in the premises, including but without limitation thereto, computers, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, 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 purposes of using electric current or water. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant Lessee shall require water or electric current in excess of that required to be usually furnished or supplied for use in of the Premises premises as set forth in general office space, Lessee shall first procure the Leaseconsent of Lessor, Landlord which Lessor may refuse, to the use thereof and Leasee may cause a water meter or electric current meter to be installed in the premises, so as to measure the amount of such excess water and electric currentcurrent consumed for any such use. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity installation, maintenance and repair thereof shall be paid for by Tenant. Tenant Lessee and Lessee agrees to pay as additional rent to Landlord Lessor promptly upon demand therefor, the cost of therefor by Lessor for all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense expenses incurred in keeping account of the water and electric current so consumed.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use With the exception of the Premises; (b) Direct Expense exclusions stated in Paragraph 7(d), Landlord agrees, subject to reimbursement by Tenant to Landlord of the cost thereof pursuant to Paragraph 7(a)(i), to provide to the Premises heat and air conditioning reasonably required in Landlord's judgment for the comfortable use and occupation of the common areas Premises as reasonably required by Tenant, and electricity, gas, water, sewer service, janitorial service, and trash removal. As a Direct Expense of the Building; (c) cleaning and janitorial service Project, Landlord shall provide all utilities for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor Common Areas of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utilityProject, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utilitylandscaping and elevator services. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing when such failure is caused by power disruptions, accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause beyond the reasonable control of Landlord, unless there is an interruption of utilities to the Project or the Premises, such interruption substantially interferes with the normal conduct of Tenant’s business in the Premises, and such interruption continues for ten (10) consecutive business days or more, in which event Tenant shall be entitled to an equitable abatement of Monthly Base Rent in proportion to the extent that normal conduct of Tenant’s business has been interfered with, commencing on the eleventh (11th) consecutive business day of such interruption, and continuing until the utilities or services are restored. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, unless such or as a result of the failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes or interruption of any character, energy usage restrictions utility or by other service provided to the Premises for any other cause, similar or dissimilar, reason beyond the reasonable control of Landlord. If the disruption , including any failure of services is due to telephone or data cabling or telecommunications facilities. (b) Tenant will not, without written consent of Landlord's negligence , use any apparatus or willful misconduct and, as a result thereof, Tenant is unable to operate device in the Premises more than five using in excess of two hundred eight (5208) daysvolts, then Tenant shall receive an abatement which will in any way increase the amount of Rent after electricity usually furnished or supplied for the fifth (5th) day until Tenant is again able to operate use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises. Landlord shall use reasonable efforts to remedy , any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency apparatus or a force majeure event) exercise any right of Landlord to reducedevice, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and using electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.

Services and Utilities. 13.1 Subject Provided Tenant sha ll not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ' s judgment for the use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasfive (5) days per week only; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utilityutil ity, Tenant shall pay, upon within five (5) days of Landlord 's demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Landlord reserves the right to install electric and/or water meters in the Premises or any part thereof. The cost of such meters shall be at Tenant's expense. Notwithstanding anything to the contrary contained in this Lease, provided there is no Event of Default under the Lease, electricity charges for the Initial Premise shall be abated for the first year of Term as set forth in the Initial Premises rent schedule on the Reference Pages. In the absence of Landlord's gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant Txxxxx and provided further that Landlord shall not be liable when such failure fail ure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar sim ilar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by TenantTxxxxx, furnish such additional service and an d Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of current charge for after-hours HVAC service, which is subject to change at any such meters and any additional installations or expense required or incurred as a result of time, is specified on the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedReference Pages.

Services and Utilities. 13.1 Subject Tenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant at the Project during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees, and (ii) penalties for discontinued or interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the other provisions Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, Landlord agrees including any entry for repairs pursuant to furnish to the common areas this Lease, and any renovation, redecoration or rehabilitation of any area of the BuildingProject, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant acknowledges that Landlord may be required in the following services future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and utilities subject to the rules and regulations tenants of the Building prescribed from time ("Tenant Energy Use Disclosure"). Tenant shall cooperate with Landlord with respect to time: (a) water suitable for normal office use any Tenant Energy Use Disclosure. Without limiting the generality of the Premises; foregoing, Tenant shall, within ten (b10) heat and air conditioning required business days following receipt of written request from Landlord, disclose to Landlord all information reasonably requested by Landlord in Landlord's judgment for connection with such Tenant Energy Use Disclosure, including, but not limited to, the use and occupation amount of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of power or other utilities consumed within the Premises an amount equal to no less than 800 amps @ 480V on or before for which the Commencement Date with ultimate requirement meters for such utilities are in Tenant's name, the number of 1,250 amps @ 480V on or before one hundred eighty (180) days after employees working within the Rent Commencement Date. To Premises, the extent that Tenant is not billled directly by a public utilityoperating hours for Tenant's business in the Premises, Tenant shall pay, upon demand, as additional rent, for all electricity used and the type and number of equipment operated by Tenant in the Premises, including the usage of any temporary power supplied to . Tenant prior acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the Commencement Dateapplicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. The charge shall be at the pro rata rates charged for Tenant hereby (A) consents to all such services by the local public utility. Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant shall not be entitled hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoingTenant Energy Use Disclosure. In addition, unless such failure shall persist for an unreasonable time after written notice of such failure is given Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's actual knowledge, true and provided further correct in all material respects, and Tenant acknowledges that Landlord shall not be liable when rely on such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric currentinformation. The cost terms of any such meters and any additional installations this paragraph shall survive the expiration or expense required or incurred as a result earlier termination of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedthis Lease.

Services and Utilities. 13.1 Subject 13.1. Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within five (5) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 13.2. Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3 13.3. Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand. 13.4. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 watts and/or 20 amps or 120 volts, which will in any wxx xxcrease the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor 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. If Tenant shall require water or electric current in excess of that required to be usually furnished or supplied for use in of the Premises as set forth in normal office use, Tenant shall procure the Leaseprior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon within five (5) days of Landlord’s demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 13.5. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.

Services and Utilities. 13.1 Subject Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within five (5) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within five (5) days of Landlord’s demand. 13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor 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. If Tenant shall require water or electric current in excess of that required to be usually furnished or supplied for use in of the Premises as set forth in normal office use, Tenant shall procure the Leaseprior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of or such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand thereforwithin five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s commercially reasonable judgment for the intended use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within fifteen (15) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of the method used to pass the cost of electricity through to Tenant, Tenant shall not be charged for electricity more than the net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord Water, heat and air conditioning (subject to the terms set forth herein regarding after hours HVAC), elevator service and electricity , shall not be provided twenty-four (except in 24) hours per day, seven (7) days per week, subject to events outside of the event of an emergency or a force majeure event) exercise any right reasonable control of Landlord to reduce, interrupt or cease service and the terms of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basisthis Lease. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of current charge for after-hours HVAC service, which is subject to change at any such meters and any additional installations or expense required or incurred as a result of time, is specified on the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedReference Pages.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s reasonable judgment for the use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within five (5) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage as determined by separate submetering of any temporary power supplied to Tenant prior to the Commencement DateTenant’s electricity. The charge shall be at the pro rata rates charged for such services by the local public utility. The parties acknowledge that, as of the Lease Reference Date, the initial rate for electricity is $1.15 per square foot of the Premises per annum, which rate is subject to change based on the rates charged, from time to time, by the local public utility. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of current charge for after-hours HVAC service, which is subject to change at any such meters and any additional installations or expense required or incurred as a result of time, is specified on the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedReference Pages.

Services and Utilities. 13.1 13.1. Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, Premises the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the PremisesPermitted Uses; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of Premises for the BuildingPermitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators, if applicable; and (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within ten (10) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the PremisesPremises as measured by a submeter, including including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord will include electricity costs to operate the base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant Xxxxxx and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord shall not (except in the event of an emergency or then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a force majeure event) exercise any right of Landlord sum equal to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy $1.50 per rentable square foot of the Premises per annum, which is Xxxxxxxx’s estimate of the appropriate electricity charge for the purpose Premises as of conducting its business the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on a continuing basishistorical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Xxxxxx’s payment of Monthly Installment of Rent hereunder. 13.2 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s xxxx xxxxxxxx. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Should Tenant require any additional work or service, as described above and in Paragraph 38HVAC service outside of Building Business Hours, Landlord may, on terms to be agreedshall, upon reasonable advance notice by TenantXxxxxx, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord such charges the After Hours HVAC Cost as may be agreed upon, including any tax imposed thereon, upon but in no event at a charge less than Landlord's ’s actual cost costs plus overhead for such additional service and, and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts in the aggregate, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for the Permitted Uses, nor 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. If Tenant shall require water or electric current in excess of that required to be usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as set forth part of Landlord’s Work in accordance with Exhibit B. In the Leaseevent that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such any excess water and electric currentusage. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity water meter shall be paid for by Tenant. Tenant Xxxxxx agrees to pay as additional rent to Landlord promptly upon demand thereforwithin thirty (30) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, plus without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional expense incurred Communications Wiring, nor remove any Communications Wiring, without in keeping account each instance obtaining the prior written consent of the water Landlord, which consent may be withheld in Landlord’s sole and electric current so consumedabsolute discretion. Landlord shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.

Services and Utilities. 13.1 Subject to the Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, the following utilities and services and utilities subject to the rules and regulations of the Building prescribed used on or from time to time: (a) water suitable for normal office use of the Premises; (b) heat , together with any taxes, penalties, and air conditioning required in Landlord's judgment surcharges or the like pertaining thereto and any maintenance charges for the use utilities. Tenant shall furnish all electric light bulbs, tubes and occupation of the common areas of the Building; (c) cleaning ballasts, battery packs for emergency lighting and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) fire extinguishers. If any such window washing as may from time services are not separately metered to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utilityTenant, Tenant shall paypay such proportion of all charges jointly metered with other premises as determined by Landlord, upon demandin its reasonable discretion, as to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of written demand and shall be additional rentrent hereunder. Tenant will not, for all electricity used by Tenant without the written consent of Landlord, contract with any electricity, water, sewer or natural gas provider to service the Premises which is not previously providing such service to other tenants in the PremisesBuilding. Except as set forth below, including the usage Landlord shall in no event be liable for any interruption or failure of any temporary power supplied to Tenant prior utility services on or to the Commencement DatePremises. The charge shall be at Notwithstanding anything in this Lease to the pro rata rates charged for such services by the local public utility. Landlord shall not be liable forcontrary, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct andif, as a result thereofof Landlord’s action, Tenant is unable to operate in the Premises more than five should become not reasonably suitable for Tenant’s use as a consequence of cessation of utilities or other services or interference with access to the Premises and the interference with Tenant’s use of the Premises persists for seven (57) daysdays after Tenant has notified Landlord in writing, then Tenant shall receive be entitled to an equitable abatement of Rent after rent to the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service extent of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to interference with Tenant's use, possession and occupancy ’s use of the Premises occasioned thereby. If the interference persists for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or servicemore than ninety (90) days, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required have the right to be furnished or supplied for use in the Premises as set forth in the terminate this Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.

Services and Utilities. 13.1 Subject Provided Tenant shall not be in default under this Lease beyond any cure period, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the BuildingBuilding during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premisescommon area; (b) heat and air conditioning required in Landlord's ’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended non-attended automatic elevators; (e) such window washing as may from time to time in Landlord's ’s judgment by be reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 600 amps @ 480V and 500kw emergency generator power on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Except in the event of Landlord’s negligence or intentional misconduct, or breach of this Lease by Landlord beyond any applicable cure period, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time fifteen (15) days after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure eventevent or as permitted in Section 17.1 below) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant at least seventy two (72) hours in advance of Landlord's ’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's ’s goals and minimize the interruption to Tenant's ’s use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Landlord shall notify Tenant immediately upon Landlord’s knowledge of any interruption of the above services. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more or less than Landlord's ’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to require Tenant to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant. 13.4 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if nonethere are no separate meters, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred in keeping account of the water and electric current so consumed.

Services and Utilities. 13.1 13.1. Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, Premises the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the PremisesPermitted Uses; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of Premises for the BuildingPermitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators, if applicable; and (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within ten (10) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the PremisesPremises as measured by a submeter, including including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord will include electricity costs to operate the base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord shall not (except in the event of an emergency or then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a force majeure event) exercise any right of Landlord sum equal to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the purpose Premises as of conducting its business the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on a continuing basishistorical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder. 13.2 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s xxxx therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Should Tenant require any additional work or service, as described above and in Paragraph 38HVAC service outside of Building Business Hours, Landlord may, on terms to be agreedshall, upon reasonable advance notice by Tenant, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord such charges the After Hours HVAC Cost as may be agreed upon, including any tax imposed thereon, upon but in no event at a charge less than Landlord's ’s actual cost costs plus overhead for such additional service and, and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts in the aggregate, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for the Permitted Uses, nor 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. If Tenant shall require water or electric current in excess of that required to be usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as set forth part of Landlord’s Work in accordance with Exhibit B. In the Leaseevent that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such any excess water and electric currentusage. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity water meter shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand thereforwithin thirty (30) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, plus without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional expense incurred Communications Wiring, nor remove any Communications Wiring, without in keeping account each instance obtaining the prior written consent of the water Landlord, which consent may be withheld in Landlord’s sole and electric current so consumedabsolute discretion. Landlord shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.

Services and Utilities. 13.1 Subject Tenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant at the Building during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees, and (ii) penalties for discontinued interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the other provisions Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord agrees liable for damages to furnish either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided that, to the common areas extent the cause is the failure of Landlord to observe or perform an obligation of Landlord hereunder and such failure materially adversely affects Tenant’s possession, use or enjoyment of the BuildingPremises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the following services and utilities subject cure of such failure, to the rules extent reasonably possible, promptly after receipt from Tenant of notice of the failure and regulations Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building prescribed from time ("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to time: (a) water suitable for normal office use any Tenant Energy Use Disclosure. Without limiting the generality of the Premises; foregoing, Tenant shall, within ten (b10) heat and air conditioning required days following request from Landlord, disclose to Landlord all non-proprietary, non-confidential information reasonably requested by Landlord in Landlord's judgment for connection with such Tenant Energy Use Disclosure, including, but not limited to, the use and occupation amount of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of power or other utilities consumed within the Premises an amount equal to no less than 800 amps @ 480V on or before for which the Commencement Date with ultimate requirement meters for such utilities are in Tenant's name, the number of 1,250 amps @ 480V on or before one hundred eighty (180) days after employees working within the Rent Commencement Date. To Premises, the extent that Tenant is not billled directly by a public utilityoperating hours for Tenant's business in the Premises, Tenant shall pay, upon demand, as additional rent, for all electricity used and the type and number of equipment operated by Tenant in the Premises, including the usage of any temporary power supplied to . Tenant prior acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the Commencement Dateapplicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. The charge shall be at the pro rata rates charged for Tenant hereby (A) consents to all such services by the local public utility. Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant shall not be entitled hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoingTenant Energy Use Disclosure. In addition, unless such failure shall persist for an unreasonable time after written notice of such failure is given Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's knowledge, true and provided further correct in all material respects, and Tenant acknowledges that Landlord shall not be liable when rely on such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric currentinformation. The cost terms of any such meters and any additional installations this paragraph shall survive the expiration or expense required or incurred as a result earlier termination of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedthis Lease.

Services and Utilities. 13.1 The Building is at all times subject to the exclusive control, management and operation of Landlord. Subject to the other terms and provisions of this Lease, Landlord agrees has the right with respect to furnish such control, management and operation to: i. obstruct or close off all or any part of the Property for the purpose of maintenance, repair or construction, provided that Tenant's use of or access to the common areas Premises is not unreasonably impaired thereby; ii. employ all personnel necessary for the operation and management of the Building, either directly or through an experienced third party property management company and, in connection therewith, Landlord shall maintain adequate personnel at the Building twenty-four (24) hours per day, seven (7) days per week; iii. construct other improvements and make alterations, additions, subtractions or re-arrangements, construct facilities adjoining or proximate to the Building, including underground tunnels and pedestrian walkways and overpasses, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not impaired thereby; iv. do and perform such other acts in and to the Building and, in connection with performing any maintenance or repair obligations of Landlord, in and to the Premises and to have access thereto, as, in the use of good business judgment, Landlord determines to be advisable for the more efficient and proper operation of the Building and Premises, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not unreasonably impaired thereby; and v. reasonably control, supervise and regulate the parking areas in such manner as the Landlord determines from time to time. 13.2 During the Term, the Landlord shall provide, or cause to be provided, to the Premises, the following services and utilities upon the terms and subject to the rules conditions set out in this Article XIII and regulations of in Exhibit F attached hereto: i. the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat heating, ventilation and air conditioning required in Landlord's judgment (“HVAC”), including, without limitation, sufficient CRAH power (“CRAH Power”) and chiller plant power (“Chiller Plant Power”), for the use Premises shall be provided at all times in order to maintain the Environmental Conditions (as hereinafter defined), including maintaining a temperature adequate for normal occupancy in accordance with the Permitted Uses, including heat rejection equipment capable of handling 2.4 megawatts of Critical Load Power in each of Xxx 0, Xxx 0, Xxx 00 and occupation Pod 11 and 1.0833 megawatts of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time Critical Load Power in Landlord's judgment by reasonably required; andXxx 0X, (f) provisions to bring electricity subject to the floor provisions of Section 1.1 hereof; ii. water, gas and fuel in amounts no less than the amounts customarily provided by the owners of similarly-sized, first class data centers, as installed in the Building and Premises; iii. PDUs sufficient to support 2.4 megawatts of Critical Load Power to each of Xxx 0, Xxx 0, Xxx 00 and Pod 11 and 1.0833 megawatts of Critical Load Power to Xxx 0X, subject to the provisions of Section 1.1 hereof; iv. the Telecommunications Conduits exclusively serving the Pods of the Premises an amount equal and the Feeder Conduits shall be provided to no less than 800 amps @ 480V Tenant as set forth in Section 11.3 above; provided, however, that Tenant may, pursuant to said Section 11.3, utilize one (1) or more Approved Fiber Providers for the connection of new fiber lines from and through each of the Telecommunications Duct Banks to the Building and into the POEs; v. security for the Building in accordance with Article V hereof; and vi. loading dock facilities convenient to the Premises twenty-four (24) hours a day, seven (7) days a week. Landlord represents, warrants and covenants to Tenant that, commencing on or before the each Lease Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty and throughout the Lease Term, (180I) days after Critical Load Power up to the Rent Commencement Date. To Stage 1 Maximum Load Limit, the extent that Tenant is not billled directly by a public utility, Tenant shall pay, upon demandStage 2 Maximum Load Limit and the Maximum Load Limit, as additional rentapplicable, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior will be available to the Commencement Date. The charge shall be at Stage 1 Pod, the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, Stage 2 Pods and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services all Pods of the Premises, as applicable, (II) the Stage 1 Pod, the Stage 2 Pods and the Stage 3 Pods, as applicable, shall be provided with a dedicated back-up system for such Critical Load Power, including UPS and Engine Generators and (III) all Building or the Property, without advising Tenant infrastructure shall be operational in advance of Landlord's requirements so that Landlord accordance with industry standards and Tenant may arrange procedures for accomplishing Landlord's goals first-class data centers, accounting for, among other things, repairs, scheduled maintenance and minimize emergency situations. Landlord further represents and warrants that the interruption critical electrical systems of ACC6 Phase I and ACC6 Phase II are each designed in an isolated parallel 10N + 2R configuration with 13.0 megawatts of Critical Load Power over the raised floor space to Tenant's useeach of ACC6 Phase I and ACC6 Phase II, possession and occupancy thus 9.7501 megawatts of Critical Load Power with N+2R redundancy, shall be available to the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, when all infrastructure is operational as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric currentprovided herein above. [*****]. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred Building's critical mechanical systems are designed in keeping account of the water and electric current so consumedan N+2 configuration.

Services and Utilities. 13.1 Subject Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of the BuildingSundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the use and occupation of the common areas of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required, if applicable; and, (fe) provisions equipment to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Dateelectricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon within five (5) days of Landlord’s demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of current charge for after-hours HVAC service, which is subject to change at any such meters and any additional installations or expense required or incurred as a result of time, is specified on the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumedReference Pages.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, 9.1 Landlord agrees to furnish to the common areas of the BuildingPremises during generally recognized business days from 7:00 a.m. to 6:00 p.m. Monday through Friday, the following services excluding legal holidays, and utilities from 7:00 a.m. to 12:00 p.m. on Saturday, and during hours determined by Landlord in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building prescribed from time to time: or Project, electricity for desk top office equipment, personal computers, office copying equipment, and heating, ventilation and air conditioning (a“HVAC”) water suitable as required in Landlord’s judgment for normal office the comfortable use and occupancy of the Premises; . If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant of not less than forty-eight (b48) heat and air conditioning required hours in Landlord's judgment for the use and occupation advance of the requested usage. Tenant shall pay Landlord’s charges (current charge $50 per hour per floor) therefore on demand. Tenant shall have access to the Building twenty-four (24) hours a day three hundred and sixty-five (365) days a year during the Term via secured key cards. Landlord shall also maintain and keep lighted the common areas stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent 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 Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; andforegoing services, (fii) provisions failure to bring electricity furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including Building or Project, or (iii) the usage limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any temporary power supplied to Tenant prior to other form of energy serving the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utilityPremises, Building or Project. Landlord shall not be liable forunder any circumstances for a loss of or injury to property or business, and Tenant shall not be entitled tohowever occurring, any abatement through or reduction of rental by reason of Landlord's in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Notwithstanding the foregoing, unless such failure Tenant shall persist have the right to enter into separate contracts for an unreasonable time after written notice the maintenance and repair of such failure supplemental HVAC equipment and systems that service the MDF and IDF spaces with the Landlord’s then current HVAC maintenance company, which as of the Effective Date, is given to Landlord by XxxXxxxxx Xxxxxx. Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of connect any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate apparatus with electric current except through existing electrical outlets in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord Tenant shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require consume water or electric current in excess of that required to be usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which consent shall be in Landlord’s sole discretion. Landlord will install an electrical current submeter in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric currentcurrent consumed by Tenant. The cost of any such meters electrical meter maintenance and any additional installations or expense required or incurred as a result of the increased capacity repair shall be paid for by Tenant. the Tenant and Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of for all such excess water and actual electric current consumed (as shown by said meterssubmeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agencyutility. 9.2 Landlord shall furnish elevator service, as lighting replacement for Building standard lights, restroom supplies, window washing, security and janitor services in a manner that such services are customarily furnished to comparable office buildings in the case may be, furnishing the same, plus any additional expense incurred area. The janitorial services to be provided by Landlord are further described in keeping account of the water Exhibit G attached hereto and electric current so consumedincorporated herein by reference.

Services and Utilities. 13.1 Subject Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas Premises during ordinary business hours on generally recognized business days (but exclusive in any event of the BuildingSundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: ; (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the use and occupation of the common areas of Premises between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 12:00 noon on Saturdays, except legal holidays observed by the Buildingfederal government; (c) cleaning and janitorial service for common areasservice; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's ’s judgment by be reasonably required; and, (f) provisions equipment to bring to Tenant’s meter, electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Datefor lighting, convenience outlets and other normal office use. To the extent that Tenant is not billled billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises, including the usage of any temporary power supplied to Tenant prior to the Commencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as Landlord has set and may be agreed uponchange periodically, including any tax imposed thereon, but in no event at a charge less than Landlord's ’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.