Common use of Services by Landlord Clause in Contracts

Services by Landlord. As long as Tenant is not in default hereunder, Landlord agrees to furnish those services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

Services by Landlord. As long as While Tenant is occupying the Premises and is not in default hereunderDefault under this Lease, Landlord agrees shall furnish the Premises with: (i) passenger elevator service in common with other tenants for access to furnish those services and utilities to from the Premises, provided that Landlord may reasonably limit the number of elevators to be operated at night after normal business hours and on Saturdays, Sundays, and holidays and that Landlord may remove elevators from service for maintenance; (ii) janitorial cleaning services Monday through Friday (except holidays) as required in Landlord's reasonable judgment; (iii) replacement, as necessary, of all lamps and ballasts in Building Standard light fixtures within the Premises; and (iv) the utility services provided for in PART 6 below. If Tenant requires services which are customarily provided not specified herein and Landlord elects to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of provide such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges Tenant will pay to be established by Landlord, in upon demand, as Additional Rent, Landlord’s sole discretion, and reimbursed to Landlord on demand's charges for providing such services. Failure to any extent to furnish furnish, or any stoppage of said utilities of, the services provided for in this PART 5 and services in PART 6 below resulting from any cause whatsoever (a “Service Failure”) shall will not render make Landlord liable in any respect for damages to either any person, property property, or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rentRent, nor relieve Tenant from fulfillment or damages because of malfunctions or any covenant interruptions in service. Notwithstanding the foregoing, if such malfunction or agreement contained herein. Should any interruption in service is within Landlord's reasonable control, and such malfunction or interruption in service (i) continues for three (3) consecutive business days and (ii) makes it reasonably impossible for Tenant's continued use and occupancy of the Building improvements Premises (or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”portion thereof), Landlord shall use reasonable diligence and (iii) requires Tenant to repair same promptlyvacate the Premises, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, then Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that Rent and/or Adjusted Rent for the portion of the Premises rendered Untenantable by vacated for the Malfunction period commencing on the date of the malfunction or Service Failure calculated on a per square foot basis interruption of services, and ending at continuing until the time earlier of the following (i) the date such service is corrected or restored or (ii) the date Tenant reoccupies any part of the Premises are again suitable for use by Tenant for its intended purposeswhich was vacated because of the interruption in service, notwithstanding the fact that the malfunction or interruption in service has not been corrected.

Services by Landlord. As long as Provided that Tenant is not then in default hereunderdefault, Landlord agrees shall cause to furnish those services and utilities be furnished to the Building, or as applicable, the Premises, which are customarily in common with other tenants, during business hours of 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 1:00 P.M. on Saturdays (excluding National and State holidays), the following services; janitorial services (five (5) days a week after normal working hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the reasonably comfortable use and occupancy of the Premises, provided heating and cooling conforming to tenants in comparable suburban any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Landlord shall furnish the Premises with electricity for the maintenance of building standard fluorescent lighting composed of 2' x 4' fixtures. Incandescent fixtures, table lamps, all lighting other than the aforesaid building standard fluorescent light, dimmers and all lighting controls other than controls for the aforesaid building standard fluorescent lighting shall be serviced, replaced and maintained at Tenant's expense. Landlord shall also furnish the Premises with electricity for lighting for the aforesaid building standard fluorescent lighting and for the operation of general office buildings located in the West Fort Worth areamachines, such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. Landlord shall have the right to enter and inspect the Premises and all electrical devices therein from time to time. After hours heating and air conditioning is available at a charge of $35.00 per hour, which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of such services charge shall be provided subject to change during the Lease Term at Landlord’s cost discretion based upon operational costs and expense during Normal Business Hours except as specifically provided to expenses, including wear and tear on the contrary elsewhere in this Leasesystem and its components. Services provided at times other than during Normal Business Hours All additional costs resulting from Tenant's extraordinary usage of heating, air conditioning or electricity shall be at Tenant’s cost and expense, with such charges to be established paid by Landlord, in Landlord’s sole discretionTenant upon demand as Additional Rent for each month or portion thereof, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) Tenant shall not render Landlord liable in install equipment with unusual demands for any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (foregoing without Landlord's prior written consent, which by definition do Landlord may withhold if it determines that in its opinion such equipment may not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results be safely used in the Premises or any material portion thereof that electrical service is not being reasonably usable adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant for its business purpose (“Untenantable”) (unless which affect the Service Failure is caused temperature otherwise maintained by a fire or other casualtythe heating and air conditioning system, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant Landlord shall have the following rights right to install supplemental air conditioning units in the Premises and remedies: (a) Effective on the first day after cost thereof, including the 5th consecutive day following cost of engineering and installation, and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by Landlord. There shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant. Tenant shall report to Landlord immediately any defective condition in or about the Premises known to Tenant and if such Malfunction or Service Failuredefect is not so reported and such failure to promptly report results in other damage, Tenant shall be entitled liable for same. Landlord shall not be liable to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for any damage caused to Tenant and its intended purposesproperty due to the Building or any part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of gas, water, sewer or steam pipes, or from problems with electrical service.

Services by Landlord. As long (a) Landlord shall provide the Building Standard Services on the days and for the hours as described on Exhibit "I" attached hereto. (b) Except as described in the Work Letter, Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld or delayed, use machines or equipment (other than ordinary office machines or equipment) or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 22 (a) above. If such consent is given, or such equipment is permitted in the Work Letter, Landlord shall have the right to require Tenant to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water or heat or air conditioning or any other service or utility in excess of that supplied by Landlord pursuant to Section 22 (a) above, or if Tenant's consumption of electricity exceeds three and one-half (3 1/2) xxxxx per RSF of the Premises, and the total rated electrical design load for lighting exceeds two (2) xxxxx per RSF of the Premises, calculated on an annualized basis for Building Operating Hours (defined in Exhibit I), Tenant shall pay to Landlord, within fifteen (15) days of billing, the reasonable cost of such excess consumption, the reasonable cost of the installation, operation, and maintenance of equipment which is installed in order to supply or monitor such excess consumption and a reasonable administrative fee to Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities as required in this Lease, Tenant shall give Landlord such prior notice, as Landlord shall from time to time reasonable establish as appropriate, of Tenant's desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish. Landlord may adjust the hours or days during which air conditioning, heating and ventilation are provided to the Premises and the Building to accommodate the usage by tenants occupying two-thirds or more of the RSF of the Building or to conform to practices of other buildings in the area comparable to the Building, but in no event shall such hours or days be less than those specified in this Lease. (c) Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service or utility, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any accident 6r casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Section 22. Notwithstanding anything contained in this Section 22 to the contrary, in the event of the failure of Landlord to furnish utilities described in Building Standard Services for a period of seven (7) or more consecutive days, which failure has a material, adverse effect on the ability of Tenant to use or access the Premises and is caused by Landlord's negligence or an event within Landlord's reasonable control, then Rent payable hereunder shall xxxxx, in proportion to the adverse effect on Tenant, until such utilities are again furnished to the Premises. (d) Landlord shall also have the exclusive right, but not the obligation, to provide the following additional services which may be required by Tenant: locksmithing, non-Building standard lamp replacement, and additional janitorial service; provided, that Tenant shall pay to Landlord within fifteen (15) days of billing, the sum of all costs to Landlord of such additional services plus an administration fee. Charges for any service for which Tenant is required to pay from time to time hereunder shall be deemed Additional Rental hereunder and shall be billed on a monthly basis. Notwithstanding the foregoing, upon receiving Landlord's prior written consent (which shall not in default hereunderbe withheld unreasonably), Landlord agrees to furnish those services and Tenant may contract directly for the provision of utilities to the Premises, which are customarily provided and in such case (i) Tenant shall pay promptly and before delinquency for all such utility service supplied to tenants in comparable suburban office buildings located in the West Fort Worth areaPremises, together with all taxes, assessments, surcharges, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of similar expenses relating to such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”ii) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of responsibility whatsoever to furnish such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein utilities to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposesPremises.

Services by Landlord. As long as Tenant is not in default hereunder, 23.1 Landlord agrees to furnish those services and utilities to shall provide the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed Building Standard Services described on Exhibit “G” (attached hereto and made E hereto, except as to Special Secured Areas where a part hereof for all purposes). All of such services shall be provided at limitation on Landlord’s cost and expense during Normal Business Hours except as specifically provided to access would prevent provision of a particular service. In the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable event that there is an interruption in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements Standard Services (i) caused by or facilities through Landlord or Foundry Park II that continues for a period of five (which 5) consecutive business days or (ii) not caused by definition do not include any improvements or facilities through Landlord, Foundry Park II or Tenant that continues for a period of Tenant besides four (4) consecutive months, and such interruption in either case materially and adversely effects Tenant’s operations in the Demised Premises, then Rent shall begin to xxxxx on a day-for-day basis thereafter, and shall continue until such Building standard improvements) occur for any reason (a “Malfunction”)Standard Services are restored. Notwithstanding the limitations set forth in Article 53, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure extent such an interruption is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) through Landlord or Foundry Park II and same remains uncured continues for a total period of 5 five (5) consecutive business days after Landlord’s receipt (or such additional time as may be necessary if the interruption is of Tenant’s written notice of such a nature that it cannot be remedied in such a time frame and Landlord or Foundry Park II, as applicable, has commenced curing the Malfunction or Service Failureinterruption within such period and is diligently pursuing same), Tenant shall have the following rights right to do or cause to be done on behalf of and remedies: for the account of Landlord or Foundry Park II, whatever reasonably needs to be done to restore such Building Standard Services, and Landlord agrees to reimburse Tenant on demand for any and all reasonable costs and expenses, including without limitation, reasonable attorneys’ fees, that Tenant may incur in connection therewith, and if Landlord fails to make such reimbursement within thirty (a30) Effective on days after written demand therefor together with a statement specifying in detail the first day after basis for the 5th claim for reimbursement, Tenant may deduct such costs and expenses, together with interest thereon at the Determination Rate, from any Rent thereafter accruing hereunder. To the extent such interruption in Building Standard Services is not caused by or through Tenant, reasonably prevents Tenant from conducting business from the Demised Premises and continues for a period of [***] ([***]) consecutive day following months, Tenant shall have the right to terminate this Lease upon written notice to Landlord (such Malfunction or Service Failurenotice of termination to be revocable in Tenant’s sole discretion at any time prior to the effective termination of this Lease); provided, however, Tenant shall be entitled required to an equitable deliver written notice to Landlord that Tenant may elect to terminate this Lease based on such interruption at least five (5) months prior to any date of effective termination in order for such termination to be effective and such termination shall not be effective if at any time prior to the expiration of such five (5) month period Landlord effectively cures such interruption. There shall be no abatement of Base Rental and Additional Rental commensurate Rent or termination rights available to that portion Tenant hereunder if Tenant or Tenant’s agents, employees, contractors or invitees (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity) cause an interruption of Building Standard Services. The obligations set forth in this Article 23.1 shall specifically exclude any successor in title to the Premises rendered Untenantable by the Malfunction Foundry Park II Parcel only, other than Landlord, Foundry Park II or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposestheir respective Affiliates.

Services by Landlord. As long as Provided that Tenant is not then in default hereunderdefault, Landlord agrees shall cause to furnish those services and utilities be furnished to the Building, or as applicable, the Leased Premises, which are customarily provided in common with other tenants, during business hours of 7:00 A.M. to tenants in comparable suburban office buildings located in 7:00 P.M. Monday through Friday (excluding National and State holidays), the West Fort Worth areafollowing services: janitorial services (five (5) days a week after normal working hours, and which shall specifically include the services listed as more particularly set forth on Exhibit “G” C), water (attached hereto if available from city mains) for drinking, lavatory and made a part hereof toilet purposes, operatorless elevator service, gas and heating and air conditioning for all purposes). All the reasonably comfortable use and occupancy of such services the Leased Premises, provided heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be provided at Landlord’s cost deemed to comply with this service. Landlord shall furnish the Leased Premises with electricity for the maintenance of building standard fluorescent lighting composed of 2’ x 4’ fixtures and expense during Normal Business Hours except keep such lighting in good repair and replace bulbs as specifically provided to the contrary elsewhere in this Leaseneeded. Services provided at times Incandescent fixtures, table lamps, all lighting other than during Normal Business Hours the aforesaid building standard fluorescent lighting, dimmers and all lighting controls other than controls for the aforesaid building standard fluorescent lighting shall be serviced, replaced and maintained at Tenant’s cost expense. Landlord shall also furnish the Leased Premises with electricity for lighting for the aforesaid building standard fluorescent lighting and expensefor the operation of general office machines, such as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, telecommunication equipment and network servers and office copy machines. Landlord shall provide electricity as necessary for the normal operation of convenience outlets serving the Leased Premises. After hours heating and air conditioning will be available at a charge of fifty dollars ($50.00) per hour, or part thereof, per floor, with such charges to a minimum charge of two (2) hours per occurrence. All additional costs resulting from Tenant’s extraordinary usage of heating, air conditioning or electricity shall be established paid by LandlordTenant upon demand as Additional Rent for each month or portion thereof, in and Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord’s sole discretionprior written consent, which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Leased Premises or that electrical service is not adequate therefor. If heat generating machines or equipment other than those contemplated by the foregoing language of this Section 6 or other intensive activities shall be used or carried on in the Leased Premises by Tenant which materially adversely affect the temperature, the heating and reimbursed to Landlord on demand. Failure to any extent to furnish air conditioning systems, or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”)utility usage thereof, Landlord shall use reasonable diligence have the right to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results install supplemental air conditioning units in the Leased Premises or any material portion thereof not being reasonably usable and the actual cost thereof, including the cost of engineering and installation, and the actual cost of operation and maintenance thereof, shall be paid by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused upon demand by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

Services by Landlord. As (a) So long as Tenant is has not in committed an uncured event of default hereunderunder this lease, Landlord agrees to furnish those services and utilities to for the occupied portion of the Leased Premises, which are customarily provided at Landlord's cost and expense, the following services: (i) air conditioning, both heating and cooling (as required by the seasons) from 7:00 a.m. to tenants in comparable suburban office buildings located in the West Fort Worth area, 6:00 p.m. on Monday through Friday and which shall specifically include the services listed on Exhibit “G” Saturdays from 8:00 a.m. to 1:00 p.m. (except on legal holidays designated on EXHIBIT B attached hereto and made a part hereof hereof) and at such temperatures and in such amounts as may be reasonably required for all purposes). All comfortable use and occupancy under normal business operations; provided that, circulating air will not be available other than by air conditioning and if Tenant shall require air conditioning (heating and cooling) during any season outside the hours and days above specified, Landlord shall furnish the same for the area or areas specified in a written request of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided Tenant delivered to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction superintendent of the Building improvements before 3:00 p.m. of the business day preceding the extra usage, and for such service Tenant shall pay Landlord, upon receipt of a xxxx therefor, the sum of $50.00 per hour (subject to proportionate adjustments to reflect increases or facilities (which by definition do not include any improvements or facilities of decreases in labor and utility costs) and if more than one Tenant besides Building standard improvements) occur has requested and is furnished this service for any reason (a “Malfunction”the same hour(s), Landlord shall use reasonable diligence it is understood that the charge will be prorated if such proration is reasonably possible and practicable; (ii) cold water (at the normal temperature of the supply of water to repair same promptlythe Building) for lavatory and toilet purposes, but Tenant shall have no claim refrigerated water for rebate or abatement of rent or damages on account drinking purposes and hot water (from the regular Building supply at prevailing temperatures) for lavatory purposes, all of such Malfunction or water service to be supplied from the regular supply of any Service Failure occasioned thereby or resulting therefrom. Any provision herein water to the contrary notwithstanding, if a Malfunction Building at points of supply provided for general use of tenants of the Building through fixtures installed by Landlord or Service Failure results by Tenant with Landlord's consent; (iii) janitor and maid service to the Leased Premises on weekdays other than holidays and such window washing and wall cleaning as may in the judgment of Landlord be reasonably required; (iv) operatorless passenger elevators for ingress and egress from the floor(s) on which the Leased Premises or any material portion thereof not being are located provided that Landlord may reasonably usable by Tenant for its business purpose limit the number of elevators to be in operation on Saturdays, Sundays and holidays (“Untenantable”) (unless the Service Failure is caused by as designated on Exhibit B attached hereto and made a fire or other casualty, in which event Paragraph 22 hereof controlspart hereof) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice freight elevator service in common with other tenants but only when scheduled through the manager of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: Building; (av) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.rest room facilities;

Services by Landlord. As long as (a) Provided that on Event of Default by Tenant is not in default exists hereunder, Landlord agrees shall cause to furnish those be furnished to the Premises (subject to reimbursement as part of the Operating Expenses) in common with other tenants, the following services (the “Standard Building Services”): janitorial services (Monday through Friday, excluding Holidays [hereinafter defined]); water for drinking, lavatory and toilet purposes; operatorless elevator service; electricity for general office space use (including fluorescent lighting replacements to building standard fixtures only); trash removal in accordance with city schedules; and, during “Standard Hours of Operation” (hereinafter defined), Monday through Friday and Saturday (excluding Holidays), heating and air conditioning for reasonably comfortable use and occupancy of the Premises, provided that the provision of heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Tenant shall pay to Landlord all costs resulting from Tenant’s consumption or usage of water, heating, air conditioning or electricity in amounts exceeding (on a per rentable square foot basis) standard office usage or consumption (the “Standard Consumption Amounts”), based on commercially reasonable standards (as reasonably documented by Landlord). If Tenant shall require water, heating, air conditioning or electricity in excess of Standard Consumption Amounts, Tenant shall first secure the written consent of Landlord for such use. Landlord may condition its consent upon the requirement that a water meter or electric current meter be installed in the Premises, so as to measure the amount of water or electric current consumed by Tenant. The cost of such meters and installation, maintenance and repair thereof, the cost of any such excess utility use as shown by said meter, the cost of any new or additional utility installations, including, without limitation, wiring and plumbing, resulting from such excess utility use, and the cost of any additional expenses incurred in keeping count of such excess utility use shall be paid by Tenant promptly upon receipt of written demand (with reasonable supporting documentation) from Landlord. Notwithstanding the foregoing, Tenant shall not install equipment with unusual or excessive demands for any of the foregoing without Landlord’s prior written consent which Landlord may withheld by Landlord in its reasonable discretion if Landlord determines that such equipment may not be safely used in the Premises or that the electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any third party provider of such utilities to provide such services to the Premises, which are customarily the Building and the Business Park in the most economical manner and Tenant shall not contract with any other third party provider to supply such utilities to the Premises without Landlord’s prior written consent. There shall be no abatement or reduction of rent by reason of any of the foregoing services not being continuously provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes)Tenant. All of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided Notwithstanding anything to the contrary elsewhere contained in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in the event that due solely to Landlord’s sole discretionnegligence, Landlord is not able to provide HVAC, electricity or water to the Premises (and reimbursed to Landlord on demand. Failure to any extent to furnish the restoration of such HVAC, electricity or any stoppage water is within the reasonable control of said utilities Landlord) for a period of more than five (5) consecutive business days and services resulting from any cause whatsoever such failure shall render at least twenty-five percent (a “Service Failure”25%) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur Premises unusable for any reason (a “Malfunction”), Landlord shall general office use reasonable diligence to repair same promptly, but and Tenant shall have no claim for rebate or abatement of rent or damages on account of actually cease to conduct business in such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable (an “Abatement Trigger Event”), then, provided no default then exists hereunder, the portion of Base Rent attributable to such unusable area shall, commencing on the sixth (6th) business day after the occurrence of such Abatement Trigger Event (but in no event earlier than the date that is five [5] business days after Landlord received from Tenant written notice of such Abatement Trigger Event and provided Tenant has ceased the use of the Premises or applicable portion thereof for such five [5] business day period), xxxxx until the earlier of the date that (i) Tenant again uses such portion of the Premises and (ii) such portion of the Premises is again usable. Tenant hereby expressly acknowledges and agrees that the foregoing right to xxxxx Base Rent as the result of an Abatement Trigger Event shall be Tenant’s sole and exclusive remedy in the event of an Abatement Trigger Event. (b) Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the Standard Hours of Operation) upon at least twenty-four (24) hours’ prior written notice from Tenant on the business day immediately preceding the day on which Tenant is requesting such service. The cost of after-hours service of heating or air conditioning shall constitute Additional Rent (and be payable monthly by the Malfunction or Service Failure calculated on a per square foot basis and ending Tenant) at the initial rate of Fifty Dollars ($50.00) per hour per floor of the Building, which rate shall be subject to increase from time-to-time by Landlord. As used herein, “Standard Hours of Operation” shall mean and refer to those hours of operation at the Premises Building which are again suitable 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. through 1:00 p.m. on Saturday, except Holidays. “Holidays” shall mean and refer to each of the following days (on the day set aside for use observance): New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holiday(s) generally recognized as such by Tenant for its intended purposeslandlords of office space in the Raleigh/Durham office market, as reasonably determined by Landlord.

Services by Landlord. As long as Tenant is not in default hereunder, A. Landlord agrees to furnish those Tenant with the following services: (1) Water service for use in the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during normal business hours of the Building, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by landlord, shall have the right to receive HVAC service during hours other than normal business hours of the Building. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Janitor service on business days. If Tenant's use, floor covering or other improvements require special services and utilities in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” special services; (attached hereto and made a part hereof for all purposes). All of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided 4) Elevator service; (5) Electricity to the contrary elsewhere in this Lease. Services provided at times Premises for general office use; and (6) such other than during Normal Business Hours shall be at Tenant’s cost and expenseservices as Landlord reasonably determines are necessary or appropriate for the Property B. Landlord's failure to furnish, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage interruption or termination of, services due to the application of said utilities and services resulting from Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause whatsoever beyond the reasonable control of Landlord (a “"Service Failure”") shall not render Landlord landlord liable in any respect for damages to either personTenant, property or business, nor be construed as an constitute a constructive eviction of Tenanttenant, nor entitle Tenant give rise to any an abatement of rentRent, nor relieve Tenant from fulfillment of the obligation to fulfill any covenant convenant or agreement contained hereinagreement. Should any malfunction However, if the Premises, or a material portion of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”)Premises, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured made untenantable for a total period in excess of 5 3 consecutive business days after Landlord’s receipt of Tenant’s written notice as a result of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failurethen Tenant, Tenant as its sole remedy, shall be entitled to receive an equitable abatement of Base Rental Rent payable hereunder during the period beginning on the 4th consecutive business day of the Service Failure and Additional Rental commensurate ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to that portion receive shall be prorated based upon the percentage of the Premises rendered Untenantable untenantable and not used by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant. In no event, however, shall Landlord be liable to Tenant for its intended purposesany loss or damage, including the theft of Tenant's personal property, arising out of or in connection with the failure of any security services, personnel or equipment.

Services by Landlord. As long Elevator service, building and parking garage access through the security system, electricity, the cooling, heating and ventilation system (HVAC), water and sewer shall be available at all times, subject to an after hours charge as Tenant is not in default hereunder, Landlord agrees to furnish those services and utilities set forth below. The Building shall be open to the Premisesgeneral public during Normal Business Hours. “Normal Business Hours” shall be from 8:00 a.m. to 6:00 p.m., which are customarily provided Monday through Friday, excluding legal holidays. Electricity and HVAC shall be available to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit Premises outside of Normal Business Hours at a rate of thirty dollars ($30.00) per hour (“G” (attached hereto and made a part hereof for all purposesAfter Hours Charge”). All The After Hours Charge shall be paid by Tenant with the installment of Basic Rent next coming due following Tenant’s use of such after hours services. Landlord also shall provide daily (i.e., five days per week) janitorial service, lamp replacement for Landlord-furnished lighting, toilet room supplies and perimeter window washing, all with reasonable frequency. Landlord shall provide security cards, keys or other appropriate access devices that will allow Tenant access to the Premises at all times. Unless charged to individual tenants (including Tenant) as hereinafter provided, the costs of such Landlord services described in this Section 10 shall be included as part of Basic Rent under Section 1.5. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services due to any cause whatsoever, and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at deemed an eviction of Tenant or relieve Tenant from any of Tenant’s cost and expenseobligations hereunder. If Tenant requires electrical, with such charges to be established mechanical, cooling, heating, ventilation, or other requirements beyond the usage by Landlorda typical tenant, in Landlord’s sole discretionreasonable judgment, then the cost of furnishing, installing, operating and reimbursed maintaining the equipment and appurtenances (including separate meters if requested by Landlord to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”satisfy these requirements) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of borne by Tenant, nor entitle with Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein either paying directly to the contrary notwithstandingutility if separately metered or paying to Landlord, if a Malfunction or Service Failure results in as Rent, the Premises or any material portion thereof not being reasonably usable reasonable cost of providing such additional services, as determined by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

Services by Landlord. As long as While Tenant is occupying the Premises and is not in default hereunderDefault under this Lease, Landlord agrees shall furnish the Premises with: (i) (7 days per week, 24 hours a day) passenger elevator service in common with other tenants for access to furnish those services and utilities to from the Premises, provided that Landlord may reasonably limit the number of elevators to be operated at night after normal business hours and on Saturdays, Sundays, and holidays and that Landlord may remove elevators from service for maintenance in a manner designed to reduce interference to the tenants; (ii) janitorial cleaning services Monday through Friday (except holidays) as described in Exhibit "F" hereto, subject to modification as required in Landlord's reasonable judgment; (iii) replacement, as necessary, of all lamps and ballasts in Building Standard light fixtures within the Premises; and (iv) the utility services provided for in Part 6 below. If Tenant requires services which are customarily provided not specified herein and Landlord elects to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of provide such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges Tenant will pay to be established by Landlord, in upon demand, as Additional Rent, Landlord’s sole discretion, and reimbursed to Landlord on demand's charges for providing such services. Failure to any extent to furnish furnish, or any stoppage of said utilities of, the services provided for in this Part 5 and services in Part 6 below resulting from any cause whatsoever (a “Service Failure”) shall will not render make Landlord liable in any respect for damages to either any person, property property, or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rentRent, nor relieve Tenant from fulfillment or damages because of malfunctions or any covenant interruptions in service. Notwithstanding the foregoing, if such malfunction or agreement contained herein. Should any interruption in service is due solely to the negligent act or willful omission of Landlord or its agents, employees, contractors or representatives, and such malfunction or interruption in service (i) continues for five (5) consecutive business days and (ii) makes it reasonably impossible for Tenant's continued use and occupancy of the Building improvements Premises (or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”portion thereof), Landlord shall use reasonable diligence and (iii) requires Tenant to repair same promptlyvacate the Premises, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, then Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that Rent and/or Adjusted Rent for the portion of the Premises rendered Untenantable by vacated for the Malfunction or Service Failure calculated period commencing on a per square foot basis and ending at the time date of vacation of the Premises are again suitable for use by due to the malfunction or interruption of services, and continuing until the earlier of the following (i) the date such service is corrected or restored or (ii) the date Tenant for its intended purposes.reoccupies any part of the Premises which was vacated because of the interruption in service, notwithstanding the fact that the malfunction or interruption in service has not been corrected. PART 6 - UTILITIES

Services by Landlord. As long as Tenant is not At all times during the Lease Term, and -------------------- conditioned upon the Lease being in full force and effect and there being no uncured default hereunderunder this Lease by Tenant, Landlord agrees to shall furnish those the following services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of such services shall to be provided at Landlord’s 's cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease: (a) Cold and warm water at those points of supply provided for general use of tenants in the Building. (b) Heated and refrigerated air conditioning in season during Normal Business Hours and at such temperatures and in such amounts as are reasonably considered by Landlord to be standard and as is consistent in quality and quantity as furnished in other comparable quality office buildings in the vicinity of the Building. Services Such services at all other times and on Sundays and holidays shall be furnished only at the request of Tenant, who shall bear the entire cost thereof (with Landlord hereby representing to Tenant that the current cost to tenants in the Building of after-hours service is $55.00 per hour for the eighth floor of the Building). Whenever machines or equipment that generate abnormal heat and affect the temperature otherwise maintained by the air conditioning system are used in the Premises, Landlord shall have the right to install supplemental air conditioning units in the Premises; and the cost thereof, including the cost of installation, operation, use and maintenance, shall be paid by Tenant to Landlord promptly on demand. (c) Elevator service in common with other tenants for ingress and egress from the Premises, provided that Landlord may reasonably limit the number of elevators to be in operation at times other than during Normal Business Hours shall Hours. (d) Janitorial cleaning services as may, in the reasonable judgment of Landlord, be at Tenant’s cost required in the normal operation of the Building (but no less frequently than five times per week). (e) Electric current in the manner and expense, with such charges to the extent reasonably deemed by Landlord to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demandstandard for office use. Failure The failure to any extent to furnish or any stoppage of said these defined utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”)reason, Landlord shall use reasonable diligence to repair same promptly, but . Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction malfunction or of any Service Failure interruptions in service occasioned thereby or resulting therefrom. Any ; provided, however, that if any interruption or cessation of service continues for ten (10) consecutive business days after written notice from Tenant to Landlord (and to any mortgagee of Landlord of whom Tenant has received written notice, designating a specific address for notice to such mortgagee), identifying the problem with reasonable specificity and being labeled "URGENT/IMMEDIATE ACTION REQUIRED" in all capital letters, and if such interruption or cessation after the 10-business-day cure period causes the Premises to be untenantable in the reasonable judgment of Tenant, then notwithstanding any provision herein of this Lease to the contrary notwithstandingcontrary, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of 's Base Rental and Additional Rental commensurate to that portion Tenant's share of Operating Expenses under this Lease will xxxxx as of the Premises rendered Untenantable by eleventh (11th) business day and continue abated until the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposesservice is resumed.

Services by Landlord. As long as (a) Provided that Tenant has fully complied with all terms and conditions of this Lease and is not then in default hereunder, Landlord agrees shall cause to furnish those be furnished to the Premises (subject to reimbursement as part of the Operating Expenses) in common with other tenants, the following services (the “Standard Building Services”): water if available from city mains for drinking, lavatory and toilet purposes; operatorless elevator service; electricity for general office space use (including fluorescent lighting replacements to building standard fixtures only); trash removal in accordance with city schedules; and, during “Standard Hours of Operation” (hereinafter defined), Monday through Friday and Saturday (excluding Holidays (hereinafter defined)), heating and air conditioning for reasonably comfortable use and occupancy of the Premises, provided that the provision of heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Tenant shall pay to Landlord all costs resulting from Tenant’s consumption or usage of water, heating, air conditioning or electricity in amounts exceeding (on a per rentable square foot basis) standard office usage or consumption (the “Standard Consumption Amounts”), as determined by Landlord. If Tenant shall require water, heating, air conditioning or electricity in excess of Standard Consumption Amounts, Tenant shall first secure the written consent of Landlord for such use. Landlord may condition its consent upon the requirement that a water meter or electric current meter be installed in the Premises, so as to measure the amount of water or electric current consumed by Tenant. The cost of such meters and installation, maintenance and repair thereof, the cost of any such excess utility use as shown by said meter, the cost of any new or additional utility installations, including, without limitation, wiring and plumbing, resulting from such excess utility use, and the cost of any additional expenses incurred in keeping count of such excess utility use shall be paid by Tenant promptly upon demand by Landlord. Notwithstanding the foregoing, Tenant shall not install equipment with unusual or excessive demands for any of the foregoing without Landlord’s prior written consent which Landlord may withheld by Landlord in its sole discretion if Landlord determines that such equipment may not be safely used in the Premises or that the existing electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any third party provider of such utilities to provide such services to the Premises, which are customarily the Building and the Business Park in the most economical manner and Tenant shall not contract with any other third party provider to supply such utilities to the Premises without Landlord’s prior written consent. There shall be no abatement or reduction of rent by reason of any of the foregoing services not being continuously provided to tenants in comparable suburban office buildings located in Tenant. (b) Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All Standard Hours of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be Operation) at Tenant’s cost request after reasonable prior written notice and expense, with such charges provided that the area to be established served is zoned for this purpose. The cost of after-hours service of heating or air conditioning shall constitute Additional Rent (and be payable monthly by Tenant) at the initial rate of Forty-Five Dollars ($45.00) per hour per floor of the Building, which rate shall be subject to increase from time-to-time by Landlord. As used herein, in Landlord’s sole discretion“Standard Hours of Operation” shall mean and refer to those hours of operation at the Building which are 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. through 1:00 p.m. on Saturday, except Holidays. “Holidays” shall mean and reimbursed refer to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction each of the Building improvements or facilities following days (which on the day set aside for observance): New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holiday(s) generally recognized as such by definition do not include any improvements or facilities landlords of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results office space in the Premises or any material portion thereof not being Raleigh/Durham office market, as reasonably usable determined by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

Services by Landlord. As long Elevator service, Building and parking garage access through the security system, electricity, the cooling, heating and ventilation system (HVAC), water and sewer shall be available at all times, subject to an after hours charge as set forth below. The Building shall be open to the general public during Normal Business Hours. “Normal Business Hours” shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Electricity and HVAC shall be available to the Premises outside of Normal Business Hours at a rate of thirty dollars ($30.00) per hour (“After Hours Charge”). The After Hours Charge shall be paid by Tenant with the installment of Basic Rent next coming due following Tenant’s use of such after hours services. Landlord also shall provide daily (i.e., five days per week) janitorial service, lamp replacement for Landlord-furnished lighting, toilet room supplies and perimeter window washing, all with reasonable frequency. Landlord shall provide security cards, keys or other appropriate access devices that will allow Tenant access to the Premises at all times. The number of cards and/or keys issued shall be proportionate to the total number of square feet in the Premises, up to a maximum of one (1) per two hundred (200) rental square feet. Additional, duplicate or replacement cards and/or keys shall be the sole expense of Tenant and must be ordered from Landlord. Unless charged to individual tenants (including Tenant) as hereinafter provided, the costs of such Landlord services described in this Section 10 shall be included as Operating Expenses and shall be paid as Additional Rent pursuant to Section 7. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services due to any cause whatsoever, and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant’s obligations hereunder. If Tenant requires electrical, mechanical, cooling, heating, ventilation, or other requirements beyond the usage by a typical tenant, in Landlord’s reasonable judgment, then the cost of furnishing, installing, operating and maintaining the equipment and appurtenances (including separate meters if requested by Landlord to satisfy these requirements) shall be borne by Tenant, with Tenant cither paying directly to the utility if separately metered or paying to Landlord, as Rent, the reasonable cost of providing such additional services, as determined by Landlord. The Building standard mechanical system is not designed to accommodate heating loads generated by lights and equipment using up to 3.5 wxxxx per square foot which costs are incorporated into the Basic Rent. Before installing lights or equipment in default hereunder, Landlord agrees to furnish those services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth areaaggregate exceed such amount, and which Tenant shall specifically include obtain the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes)written permission of Landlord. All of Landlord may refuse to grant such services permission unless Tenant shall be provided at agree to pay Landlord’s cost and expense during Normal Business Hours except costs to install supplementary air conditioning capacity or electrical systems as specifically provided to necessitated by such equipment or lights or if the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established equipment or lights requested by LandlordTenant will, in Landlord’s sole discretionreasonable judgment, and reimbursed to Landlord on demand. Failure to any extent to furnish overburden the Building’s structure or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”mechanical system(s) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, even if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of supplemented at Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposesexpense.

Services by Landlord. As long as Tenant Provided that no Event of Default has occurred and is not in default continuing hereunder, Landlord agrees shall cause to furnish those be furnished to the Premises (subject to reimbursement as part of the Operating Expenses) in common with other tenants during "Standard Hours of Operation" (as defined below), Monday through Friday and Saturday (excluding holidays), the following services: janitorial services (once per working day after normal weekday working hours); water for drinking, lavatory and toilet purposes; operatorless elevator service; electricity for general office space use (including fluorescent lighting replacements to building standard fixtures only) with capacities as set forth in Exhibit C attached --------- hereto; trash removal in accordance with city schedules; and heating and air conditioning for reasonably comfortable use and occupancy of the Premises at a temperature which is consistent with comparable first class office buildings in the Raleigh/Durham market. All additional costs resulting from Tenant's extraordinary usage of heating, air conditioning or electricity shall be paid by Tenant, but Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord's prior written consent, which Landlord may withhold if it determines that in its reasonable opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any third party provider of such utilities to provide such services to the Premises, which are customarily the Building and the Business Park in the most economical manner, and Tenant shall not contract with any other third party provider to supply such utilities to the Premises without Landlord's prior written consent; provided, however, any utility service provider selected by Landlord shall be comparable (in cost and quality) to the utility service providers for comparable office space in the Raleigh/Durham office market, and (ii) in no event shall Landlord be permitted to restrict Tenant's use of telecommunications service providers. So long as Landlord acts reasonably and in good faith, there shall be no abatement or reduction of rent by reason of any of the foregoing services not being continuously provided to tenants in comparable suburban office buildings located in Tenant. Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the West Fort Worth area, Standard Hours of Operation) at Tenant's request after reasonable notice and which shall specifically include if the services listed on Exhibit “G” (attached hereto and made a part hereof area to be served is zoned for all purposes)this purpose. All The cost of such services after-hours service of heating or air conditioning shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of additional rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable payable monthly by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a at $25.00 per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposeshour.

Services by Landlord. As long as Provided that Tenant has fully complied with all terms and conditions of this Lease and is not then in default hereunder, Landlord agrees shall cause to furnish those be furnished to the Premises (subject to reimbursement as part of the Operating Expenses) in common with other tenants during “Standard Hours of Operation” (as defined below), Monday through Friday and Saturday (excluding holidays), the following services: janitorial services (once per working day after normal weekday working hours); water if available from city mains for drinking, lavatory and toilet purposes; operatorless elevator service; electricity for general office space use (including fluorescent lighting replacements to building standard fixtures only); trash removal in accordance with city schedules; and heating and air conditioning for reasonably comfortable use and occupancy of the Premisesk providing heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed consistent with the services provided by landlords of comparable buildings in the Raleigh/Durham market. All additional costs resulting from Tenant’s extraordinary usage of heating, air conditioning or electricity shall be paid by Tenant, but Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord’s prior written consent which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any third party provider of such utilities to provide such services to the Premises, which are customarily the Building and the Business Park in the most economical manner and Tenant shall not contract with any other third party provider to supply such utili8ties to the Premises without Landlord’s prior written consent. So long as Landlord acts reasonably and in good faith, there shall be no abatement or reduction of rent by reason of any of the foregoing services not being continuously provided to tenants in comparable suburban office buildings located in Tenant. Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All Standard Hours of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be Operation) at Tenant’s cost request after reasonable notice and expense, with such charges if the area to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demandserved is zoned for this purpose. Failure to any extent to furnish The cost of after-hours service of heating or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) air conditioning shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of additional rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable payable monthly by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a at $25.00 per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposeshour.

Services by Landlord. As long as (a) Provided that Tenant has fully complied with all terms and conditions of this Lease and is not then in default hereunder, Landlord agrees shall cause to furnish those be furnished to the Premises (subject to reimbursement as part of the Operating Expenses) in common with other tenants during “Standard Hours of Operation” (hereinafter defined), Monday through Friday and Saturday (excluding holidays), the following services (the “Standard Building Services”): janitorial services (once per working day after normal weekday working hours); water if available from city mains for drinking, lavatory and toilet purposes; operatorless elevator service; electricity for general office space use (including fluorescent lighting replacements to building standard fixtures only); trash removal in accordance with city schedules; and heating and air conditioning for reasonably comfortable use and occupancy of the Premises, provided that the provision of heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. All additional costs resulting from Tenant’s extraordinary usage of heating, air conditioning or electricity, as reasonably determined by Landlord, shall be paid by Tenant, but Tenant shall not install equipment with unusual demands for any of the foregoing without Landlord’s prior written consent which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any third party provider of such utilities to provide such services to the Premises, which are customarily the Building and the Business Park in the most economical manner and Tenant shall not contract with any other third party provider to supply such utilities to the Premises without Landlord’s prior written consent. So long as Landlord acts reasonably and in good faith, there shall be no abatement or reduction of rent by reason of any of the foregoing services not being continuously provided to tenants in comparable suburban office buildings located in Tenant. (b) Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All Standard Hours of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be Operation) at Tenant’s cost request after reasonable notice and expense, with such charges if the area to be established served is zoned for this purpose. The cost of after-hours service of heating or air conditioning shall be Additional Rent payable monthly by Tenant at $25.00 per hour. As used herein, “Standard Hours of Operation” shall mean and refer to those hours of operation at the Building which are 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. through 1:00 p.m. on Saturday, except holidays. Holidays shall mean and refer to each of the following days (on the day set aside for observance): New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holiday(s) generally recognized as such by landlords of office space in the Raleigh/Durham Area office market, as determined by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

Services by Landlord. As long as Tenant is not in default hereunder, 23.1 Landlord agrees to furnish those services and utilities to shall provide the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed Building Standard Services described on Exhibit “G” (attached hereto and made E hereto, except as to Special Secured Areas where a part hereof for all purposes). All of such services shall be provided at limitation on Landlord’s cost and expense during Normal Business Hours except as specifically provided to access would prevent provision of a particular service. In the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable event that there is an interruption in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements Standard Services (i) caused by or facilities through Landlord or Foundry Park II that continues for a period of five (which 5) consecutive business days or (ii) not caused by definition do not include any improvements or facilities through Landlord, Foundry Park II or Tenant that continues for a period of Tenant besides four (4) consecutive months, and such interruption in either case materially and adversely effects Tenant’s operations in the Demised Premises, then Rent shall begin to xxxxx on a day-for-day basis thereafter, and shall continue until such Building standard improvements) occur for any reason (a “Malfunction”)Standard Services are restored. Notwithstanding the limitations set forth in Article 53, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure extent such an interruption is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) through Landlord or Foundry Park II and same remains uncured continues for a total period of 5 five (5) consecutive business days after Landlord’s receipt (or such additional time as may be necessary if the interruption is of Tenant’s written notice of such a nature that it cannot be remedied in such a time frame and Landlord or Foundry Park II, as applicable, has commenced curing the Malfunction or Service Failureinterruption within such period and is diligently pursuing same), Tenant shall have the following rights right to do or cause to be done on behalf of and remedies: for the account of Landlord or Foundry Park II, whatever reasonably needs to be done to restore such Building Standard Services, and Landlord agrees to reimburse Tenant on demand for any and all reasonable costs and expenses, including without limitation, reasonable attorneys’ fees, that Tenant may incur in connection therewith, and if Landlord fails to make such reimbursement within thirty (a30) Effective on days after written demand therefor together with a statement specifying in detail the first day after basis for the 5th claim for reimbursement, Tenant may deduct such costs and expenses, together with interest thereon at the Determination Rate, from any Rent thereafter accruing hereunder. To the extent such interruption in Building Standard Services is not caused by or through Tenant, reasonably prevents Tenant from conducting business from the Demised Premises and continues for a period of [***] ([***]) consecutive day following months, Tenant shall have the right to terminate this Lease upon written notice to Landlord (such Malfunction or Service Failurenotice of termination to be revocable in Tenant’s sole discretion Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission. at any time prior to the effective termination of this Lease); provided, however, Tenant shall be entitled required to an equitable deliver written notice to Landlord that Tenant may elect to terminate this Lease based on such interruption at least five (5) months prior to any date of effective termination in order for such termination to be effective and such termination shall not be effective if at any time prior to the expiration of such five (5) month period Landlord effectively cures such interruption. There shall be no abatement of Base Rental and Additional Rental commensurate Rent or termination rights available to that portion Tenant hereunder if Tenant or Tenant’s agents, employees, contractors or invitees (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity) cause an interruption of Building Standard Services. The obligations set forth in this Article 23.1 shall specifically exclude any successor in title to the Premises rendered Untenantable by the Malfunction Foundry Park II Parcel only, other than Landlord, Foundry Park II or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposestheir respective Affiliates.

Services by Landlord. As long as Tenant is not in default hereunder, Landlord agrees shall cause to furnish those services and utilities be furnished to the PremisesPremises (subject to reimbursement as part of the Operating Expenses) in common with other tenants during Standard Hours of Operation, which are customarily Monday through Friday and Saturday (excluding holidays), the following services: janitorial services (once per working day after normal weekday working hours as provided for in Exhibit B); water for drinking, kitchen, lavatory and toilet purposes; operatorless elevator service; electricity for general office space and banking use (including fluorescent lighting replacements to tenants building standard fixtures only); trash removal in comparable suburban office buildings located accordance with city schedules; prompt removal of snow and ice in the West Fort Worth parking lot and walkways when and if weather requires, and heating and air conditioning for reasonably comfortable use and occupancy of the Premises similar to other Class A buildings in the area, providing heating and which cooling conforming to any governmental regulation prescribing limitations thereon shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes)be deemed to comply with this service. All additional costs resulting from Tenant's extraordinary usage of such services heating, air conditioning or electricity shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at paid by Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim not install equipment with unusual demands for rebate or abatement any of rent or damages on account of the foregoing without Landlord's prior written consent which Landlord may withhold if it determines that in its reasonable opinion such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results equipment may not be safely used in the Premises or that electrical service is not adequate therefor. Notwithstanding anything contained herein to the contrary, Landlord reserves the right to contract with any material portion thereof third party provider of such utilities to provide such services to the Premises and the Building in the most economical manner and Tenant shall not contract with any other third party provider to supply such utilities to the Premises without Landlord's prior written consent. So long as Landlord is not negligent in performing its obligations hereunder and otherwise acts reasonably and in good faith, there shall be no abatement or reduction of rent by reason of any of the foregoing services not being reasonably usable continuously provided to Tenant. Landlord agrees to provide heating and air conditioning after-hours (i.e., hours before or after the Standard Hours of Operation) at Tenant's request after reasonable notice and if the area to be served is zoned for this purpose. The cost of after-hours service of heating or air conditioning shall be additional rent payable monthly by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a at $25.00 per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposeshour.

Services by Landlord. As Landlord shall be responsible for providing for maintenance of the Building Common Area, and, except as required by Section 10(b) hereof or as otherwise specifically provided for herein, Landlord shall be responsible for no other services whatsoever. Tenant, by payment of Tenant's share of the Operating Expenses, shall pay Tenant's pro rata share of the expenses incurred by Landlord hereunder. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's covenants and obligations hereunder, to stop any services required by Landlord under this Lease, whenever and for so long as Tenant may be reasonably necessary, by reason of (i) accidents, emergencies, strikes, or the making of repairs or changes which Landlord in good xxxxx xxxxx necessary, or (ii) any other cause beyond Landlord's reasonable control. Further, it is not in default hereunder, also understood and agreed that Landlord agrees to furnish those shall have no liability or responsibility for a cessation of services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located Demised Premises or in the West Fort Worth areaBuilding which occurs as a result of causes beyond Landlord's control, and which provided, however, that Landlord shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of use commercially reasonable efforts to restore or cause such services to be restored in the event of cessation of service for the reasons stated above. No such interruption of service shall be provided at Landlord’s cost deemed an eviction or disturbance of Tenant's use and expense during Normal Business Hours except as specifically provided to possession of the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish Demised Premises or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not part thereof, or render Landlord liable in any respect to Tenant for damages to either persondamages, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment performance of any covenant or agreement contained herein. Should any malfunction of Tenant's obligations under this Lease including the Building improvements or facilities obligation to pay Rent (which except to the extent that Landlord is reimbursed by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur insurance proceeds for any reason (a “Malfunction”rent loss), unless Landlord shall fails to use commercially reasonable diligence efforts to repair same promptly, but Tenant shall have no claim for rebate restore or abatement of rent or damages on account of cause such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein services to the contrary notwithstanding, if a Malfunction or Service Failure results be restored in the Premises or any material portion thereof not being reasonably usable by Tenant event of cessation of service for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposesreasons stated above.

Services by Landlord. As long as Provided that Tenant is not then in default hereunderdefault, Landlord agrees shall cause to furnish those services and utilities be furnished to the Premises, which are customarily provided to tenants in comparable suburban office buildings located common with other tenants, during normal operating hours as stated in the West Fort Worth areaRules and Regulations attached hereto as Exhibit C (the “Normal Operating Hours”) (excluding national or state holidays), the following services; janitorial services (once per working day after Normal Operating Hours), water (if available from city mains) for drinking, lavatory and toilet purposes, operatorless elevator service and heating and air conditioning for the reasonably comfortable use and occupancy of the Premises, provided heating and cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service. Notwithstanding the foregoing, Tenant and its invitees shall have 24-hour access to the Premises, including heating and air conditioning and electricity, with after-hours charges assessed to Tenant. Landlord shall furnish the Premises with electricity for standard fluorescent lighting and incandescent fixtures, and which shall specifically include the services listed on Exhibit “G” (attached hereto service and made a part hereof for all purposes). All of such services shall be provided maintain same at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Leaseexpense. Services provided at times Table lamps, all lighting other than during Normal Business Hours the aforesaid standard fluorescent and incandescent Table of Contents lighting, dimmers and all lighting controls other than controls for the aforesaid building standard fluorescent and incandescent lighting shall be serviced and maintained at Tenant’s cost and expense. Landlord shall also furnish the Premises, at no additional cost, with heating and air conditioning and with electricity for lighting and for the operation of general office machines, such charges as electric typewriters, desk top computers, word processing equipment, dictating equipment, adding machines and calculators, and general service non-production type office copy machines. Landlord shall have the right to enter and inspect the Premises and all electrical devices therein from time to time, with reasonable advance notice where possible. All additional costs resulting from Tenant’s extraordinary usage of heating, air conditioning or electricity shall be established paid each month by Landlord, in Tenant as Additional Rent. Tenant shall not install any equipment having extraordinary electrical requirements without Landlord’s sole discretionprior written consent, and reimbursed to which Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall may withhold if it determines that in its reasonable opinion such equipment may not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results safely used in the Premises or any material portion thereof that electrical service as installed is not being reasonably usable adequate therefor. If such consent is not withheld by Landlord, such equipment may be installed by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of at Tenant’s written notice of sole expense, provided the Malfunction Building can accommodate such modification safely. If heat generating machines or Service Failureequipment shall be used in the Premises by Tenant which affect the temperature as normally maintained by the heating and air conditioning system, Tenant Landlord shall have the following rights right to install supplemental air conditioning units in the Premises and remedies: the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant. Landlord shall further provide a reasonable amount of unreserved free parking, in common with the other tenants, for Tenant’s employees and visitors (athough not to exceed four (4) Effective on spaces per one thousand (1,000) useable square feet leased), unless Tenant pays for additional spaces if available, as provided elsewhere herein. So long as Landlord acts reasonably and in good faith, there shall be no abatement or reduction of rent by reason of any of the first day after foregoing services not being continuously provided to Tenant. Landlord shall diligently pursue the 5th consecutive day following such Malfunction or Service Failure, restoration of all discontinued services. Tenant shall be entitled report immediately to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of Landlord any defective condition in or about the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis which becomes known to Tenant and ending at the time the Premises are again suitable if failure to promptly report such defective condition results in other damage that Landlord could have avoided, Landlord shall not be responsible for use by Tenant for its intended purposessame.