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:

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 then Tenant shall have no claim for rebate or be entitled to an abatement of rent or damages on account Base Rent and/or Adjusted Rent for the portion 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 vacated 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 period commencing on the date of the Malfunction malfunction or Service Failureinterruption of services, Tenant shall have and continuing until the earlier of the following rights and remedies:(i) the date such service is corrected or restored or (ii) the date Tenant 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.

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 right to do or cause to be done on behalf of and 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 (30) days after written demand therefor together with a statement specifying in detail the basis for the 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 months, Tenant shall have the right to terminate this Lease upon written notice to Landlord (such notice 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 required to 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 Rent or termination rights and remedies:available to 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 Foundry Park II Parcel only, other than Landlord, Foundry Park II or their 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 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 that electrical service is not adequate therefor. If heat generating machines or equipment or other intensive activities shall be used or carried on in the Premises by Tenant which affect the temperature otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install supplemental air conditioning units in the Premises and the cost thereof, including the 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 material portion thereof of the foregoing services not being reasonably usable by continuously provided to Tenant. Tenant for its business purpose (“Untenantable”) (unless shall report to Landlord immediately any defective condition in or about the Service Failure Premises known to Tenant and if such defect is caused by a fire or not so reported and such failure to promptly report results in 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 Failuredamage, Tenant shall have be liable for same. Landlord shall not be liable to Tenant for any damage caused to Tenant and its property due to the following rights and remedies: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 Landlord shall cause to be furnished to the Building Common Areas, or as Tenant is not in default hereunderapplicable, Landlord agrees to furnish those services and utilities to the 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 6:00 P.M. Monday through ---- ---- Friday (excluding National and State holidays), the following services; janitorial services (five (5) days a week after normal working hours), water for drinking, lavatory and toilet purposes, and heating and air conditioning for the comfortable use and occupancy of the Premises, and further described in the West Fort Worth areaconstruction specifications, provided heating 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 cooling conforming to any governmental regulation prescribing limitations thereon shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided deemed to comply with this service. Notwithstanding 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”)above, Landlord shall use reasonable diligence -------------- provide the following services to repair same promptlythe Premises seven days a week: water for --------------------------------------------------------------------------- drinking, but lavatory and toilet purposes. Tenant shall have 24-hour access to --------------------------------------------------------------------------- its Premises and Tenant shall be directly responsible for its electrical ------------------------------------------------------------------------ consumption. Landlord shall further provide parking according to Tenant ----------- Parking Agreement Addendum No. 3 . There shall be no claim for rebate abatement or abatement reduction -- of rent or damages on account of such Malfunction or Rent by reason of any Service Failure occasioned thereby of the foregoing services not being continuously provided to Tenant. Landlord shall have the right to enter and inspect the Premises and all electrical devices therein from time to time with proper notice by telephone. There shall be no abatement or resulting therefromreduction of Rent by reason of any of the foregoing services not being continuously provided to Tenant, unless such service is interrupted for two (2) business days, then starting on the next day, Rent and Additional Rent shall xxxxx until such service is available. Any provision herein If any interruption continues for thirty (30) days, Tenant may terminate the Lease. Tenant shall report to Landlord immediately any defective condition in or about the contrary notwithstandingPremises known to Tenant, and if a Malfunction or Service Failure such defect is not so reported and such failure to promptly report 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 Failuredamage, Tenant shall have be liable for same, unless due to the following rights negligence or willful misconduct of Landlord, its employees or agents. Landlord shall not be liable to Tenant for any damage caused to Tenant and remedies:its property 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.

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:at $25.00 per hour.

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 (though not to exceed four (4) 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 foregoing services not being continuously provided to Tenant. Landlord shall diligently pursue the restoration of all discontinued services. Tenant shall report immediately to Landlord any defective condition in or about the Premises which becomes known to Tenant and if failure to promptly report such defective condition results in other damage that Landlord could have avoided, Landlord shall not be responsible for same.

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:reasons stated above.

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:at $25.00 per hour.

Services by Landlord. As long Landlord will provide those services to the Premises and the Building that are customary to similar office buildings in the greater Seattle area, including without limitation; water and sewer; such times as Landlord normally furnishes this service to other tenants of the Building, but in no event less than "Normal Business Hours" (as defined as below), and in such amounts as are reasonably standard for office buildings in the greater Seattle area. Except for water and sewer, Tenant is shall pay the cost of all electric and other utility services which are separately metered, or incurred by Tenant, as referenced in paragraph 6.2.1.2. Building access, water, sewer, and parking if and as described in Exhibit D shall be available at all times. "Normal Business Hours" shall be from 5:00a.m. to 6:00p.m. on weekdays, and 8:00a.m. to 1:00p.m. on Saturdays, excluding legal holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and days associated therewith). 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 customary to office buildings in the greater Seattle area. Landlord shall provide 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 9 shall be included as "Operating Expenses" and paid as Additional Rent pursuant to Section 6. Landlord shall not in default 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. For those services within Landlord's reasonable control, Landlord agrees will correct any interruption of services as soon as practicable. If Tenant has special mechanical, cooling, heating, ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and maintaining the equipment and appurtenances (including separate meters if requested by Landlord to furnish those services satisfy these requirements) shall be borne by Tenant, with Tenant either paying directly to the utility if separately metered or paying to Landlord, as Rent, the reasonable cost of providing such additional services. The Building standard mechanical system is designed to accommodate heating loads generated by lights and utilities to standard office automation equipment. Before installing lights or equipment in the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth areaaggregate exceed reasonable and customary loads, 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 's 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 discretion's reasonable 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 even if supplemented at 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:'s expense.

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 Premises unusable for general office use and Tenant shall actually cease to conduct business in such portion of the Premises (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a an “MalfunctionAbatement Trigger Event”), Landlord shall use reasonable diligence then, provided no default then exists hereunder, the portion of Base Rent attributable to repair same promptlysuch unusable area shall, but Tenant shall have no claim for rebate or abatement of rent or damages commencing on account the sixth (6th) business day after the occurrence of such Malfunction or 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 any Service Failure occasioned thereby or resulting therefrom. Any provision herein to such Abatement Trigger Event and provided Tenant has ceased the contrary notwithstanding, if a Malfunction or Service Failure results in use of the Premises or any material applicable portion thereof not being reasonably usable by for such five [5] business day period), xxxxx until the earlier of the date that (i) Tenant for its business purpose again uses such portion of the Premises and (“Untenantable”ii) (unless such portion of the Service Failure Premises is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) again usable. Tenant hereby expressly acknowledges and same remains uncured for a total agrees that the foregoing right to xxxxx Base Rent as the result of 5 consecutive days after Landlord’s receipt of an Abatement Trigger Event shall be Tenant’s written notice sole and exclusive remedy in the event of the Malfunction or Service Failure, Tenant shall have the following rights and remedies:an Abatement Trigger Event.

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 then Tenant shall have no claim for rebate or be entitled to an abatement of rent or damages Base Rent and/or Adjusted Rent for the portion of the Premises vacated for the period commencing on account the date of such Malfunction or vacation of any Service Failure occasioned thereby or resulting therefrom. Any provision herein the Premises due to the contrary notwithstandingmalfunction or interruption of services, if a Malfunction and continuing until the earlier of the following (i) the date such service is corrected or Service Failure results in restored or (ii) the date Tenant reoccupies any part of 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 was vacated because of the Malfunction interruption in service, notwithstanding the fact that the malfunction or Service Failure, Tenant shall have the following rights and remedies:interruption in service has not been corrected. PART 6 - UTILITIES

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:expense.

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 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:.