Common use of SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES Clause in Contracts

SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATING, VENTILATION AND AIR CONDITIONING Landlord shall, during Business Hours, make available to the Premises, heating, ventilation and cooling service (“HVAC Service”) in accordance with the design criteria set forth on Exhibit LANDLORD SERVICES. If Tenant shall require HVAC Service at any times other than during Business Hours and/or Business Days, then Tenant shall provide not less than twenty-four (24) hours prior notice thereof to Landlord. Landlord shall make available such after hours HVAC Service to the Premises and Tenant shall pay to Landlord, as additional rent, within thirty (30) days after receipt of Landlord’s invoice therefor, such overtime HVAC charges as may from time to time be established by Landlord based on Landlord’s reasonable estimate of the cost to provide the same, without xxxx-up. Landlord represents that it is Landlord’s reasonable estimate that such rate, as of the Commencement Date, shall be $50.00 per floor per hour, subject to change from time to time. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord’s prior consent in each instance, which consent shall not be unreasonably withheld but which may include the requirement to pay for condenser water or other actual, reasonable third-party costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems making available HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any Alterations made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall Tenant introduce into the Premises personnel or equipment that overloads the capacity of the HVAC System or in any other way interferes with the system’s ability to perform adequately its proper functions, or that affects the temperature otherwise maintained by the HVAC System, provided that Tenant may install supplemental HVAC units in the Premises or as part of the Roof Equipment in accordance with the provisions of Section 17.17 and subject to the provisions of Exhibit LANDLORD SERVICES. Landlord shall make adequate quantities of condenser water available to Tenant for such supplemental HVAC units on a 24/7 basis up to 60 tons of cooling without the payment of any “tap-in” fee or other charge except that Tenant shall reimburse Landlord for such condenser water at a rate equal to Landlord’s actual cost for same (without xxxx-up by or profit to Landlord).

SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATINGLANDLORD’S SERVICES Landlord agrees, VENTILATION AND AIR CONDITIONING Landlord shallat its expense, during Business Hoursthe Lease Term: (i) to provide, make available during the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday and 8:00 A.M. to 1:00 P.M., Saturday, legal holidays excepted, a list of which can be found in Exhibit D, heating and air-conditioning in the Premises during the normal heating and air conditioning seasons, substantially equivalent to that being furnished in comparably aged, similarly equipped office buildings in the suburban Greater Boston area; (ii) to furnish hot and cold water for ordinary toilet, drinking, sprinkler, pantry, lavatory, cleaning and drinking purposes. If Tenant requires water for any other purpose, including without limitation, in connection with the business conducted in the Premises, heatingTenant shall pay the landlord an appropriate charge stipulated by Landlord to reimburse Landlord for the cost of such extraordinary water and related sewer use charge (including a charge to reimburse Landlord for the cost of metering Tenant’s usage); (iii) to furnish non-exclusive passenger elevator service; (iv) to furnish, ventilation and cooling service (“HVAC Service”) through Landlord’s employees or independent contractors, general cleaning services in accordance with the design criteria specifications attached hereto as Exhibit E; and (v) to furnish, through Landlord’s employees or independent contractors, additional Building operation services available from Landlord upon reasonable advance request of Tenant at rates from time to time established by Landlord to be paid by Txxxxx provided the same may be reasonably and conveniently provided by Landlord. The Landlord further agrees to cause the parking areas, driveways, and walkways on the Lot to be kept reasonably clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the lot lighted as reasonably necessary and perform its obligations with respect to maintenance and repair set forth on Exhibit LANDLORD SERVICESin Section 8.2 above. If Upon the request of Tenant from time to time, Landlord shall require HVAC Service use reasonable efforts to provide services at any times hours other than during Business Hours and/or Business Days, then Tenant shall provide not less than twenty-four (24) hours prior notice thereof to Landlord. Landlord shall make available such after hours HVAC Service to the Premises times set forth above and Tenant shall pay to Landlord, reimburse Landlord as additional rent, Additional Rent for the reasonable cost of such services (as determined and/or allocated by Landlord in its good faith) within thirty (30) days after receipt of Landlord’s invoice therefortherefore (provided, such however, these overtime HVAC charges as may from time services shall not apply to time be established by submetered electric for the Third Floor Space). Landlord based on Landlord’s reasonable estimate of the cost shall have no obligation to provide utilities or equipment other than the same, without xxxx-up. Landlord represents that it is Landlord’s reasonable estimate that such rate, utilities and equipment within the Premises as of the Term Commencement Date, shall be $50.00 per floor per hour, subject to change from time to timeDate of this Lease. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises not, without first having obtained Landlord’s prior written consent (which consent Landlord shall not unreasonably withhold), install or use any additional air-conditioning or heating equipment in each instancethe Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant’s sole obligation, provided that any such installation shall require the written consent of Landlord, which consent shall not be unreasonably withheld but which may include the requirement to pay for condenser water or other actual, reasonable third-party costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems making available HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any Alterations made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall Tenant introduce into the Premises personnel or equipment that overloads the capacity of the HVAC System or in any other way interferes with the system’s ability to perform adequately its proper functions, or that affects the temperature otherwise maintained by the HVAC System, provided that Tenant may install supplemental HVAC units in the Premises or as part of the Roof Equipment in accordance with the provisions of Section 17.17 and subject to the provisions of Exhibit LANDLORD SERVICES. Landlord shall make adequate quantities of condenser water available to Tenant for such supplemental HVAC units on a 24/7 basis up to 60 tons of cooling without the payment of any “tap-in” fee or other charge except that Tenant shall reimburse Landlord for such condenser water at a rate equal to Landlord’s actual cost for same (without xxxx-up by or profit to Landlord)unreasonably withhold.

SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATINGLANDLORD'S SERVICES Tenant shall be responsible for providing its own basic services, VENTILATION AND AIR CONDITIONING including, without limitation, cleaning, utilities, elevator service and security and Landlord shallshall have no obligations with respect thereto except as specifically set forth herein. Landlord (or affiliate(s) of Landlord) shall provide, during Business Hoursand Tenant's employees shall have the right to use, make certain services generally available to tenants at certain property adjacent to the Premises, heating, ventilation Lot and cooling service (“HVAC Service”) in accordance owned by a party affiliated with the design criteria set forth Landlord known as The Schrafft Center, 00 Xxxx Xxxxxx, Xxxxxx ("Schrafft") which shall include and be limited to the health club and day care facilities, cafeteria and shuttle bus services (running directly to the Building) on Exhibit LANDLORD SERVICESthe same basis as such facilities are available to tenants at Schrafft's employees. If there is any material interruption, curtailment, stoppage, or suspension of Landlord's Services, (x) continuing after written notice thereof to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice) (y) not caused by Tenant, and (z) such deficiency reasonably causes Tenant shall require HVAC Service at any times other than during Business Hours and/or Business Daysto vacate the Premises or parking areas or a part thereof (individually and collectively, "Landlord Deficiency"), then Tenant shall provide not less shall, if such Landlord Deficiency continues for more than twenty-four ten (2410) hours prior notice thereof business days, be entitled to Landlord. Landlord shall make available such after hours HVAC Service a proportional abatement of Base Rent and Additional Rent to the Premises and Tenant shall pay to Landlord, as additional rent, within thirty (30) days after receipt extent of Landlord’s invoice therefor, such overtime HVAC charges as may from time to time be established by Landlord based on Landlord’s reasonable estimate Tenant's interference with its use of the cost to provide Premises until the samesame is cured, without xxxx-up. Landlord represents provided that it is Landlord’s reasonable estimate that such rate, as of the Commencement Date, shall be $50.00 per floor per hour, subject to change from time to time. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord’s prior consent in each instance, which consent shall not be unreasonably withheld but which may include the requirement to pay for condenser water or other actual, reasonable third-party costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems making available HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any Alterations made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall such any such deduction exceed Ten Thousand Dollars ($10,000.00) for any month during the Lease Term. If twelve months or less remain in the Lease Term and amounts due to Tenant introduce into would otherwise remain unpaid at the Premises personnel or equipment that overloads the capacity expiration of the HVAC System or Lease Term, any remaining amounts due hereunder may be deducted in any other way interferes with equal monthly installments of the system’s ability to perform adequately its proper functions, or that affects amount then remaining outstanding over the temperature otherwise maintained by the HVAC System, provided that Tenant may install supplemental HVAC units remaining months in the Premises or as part of the Roof Equipment in accordance with the provisions of Section 17.17 and subject to the provisions of Exhibit LANDLORD SERVICES. Landlord shall make adequate quantities of condenser water available to Tenant for such supplemental HVAC units on a 24/7 basis up to 60 tons of cooling without the payment of any “tap-in” fee or other charge except that Tenant shall reimburse Landlord for such condenser water at a rate equal to Landlord’s actual cost for same (without xxxx-up by or profit to Landlord)Lease Term.

SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATINGLANDLORD’S SERVICES Landlord agrees, VENTILATION AND AIR CONDITIONING Landlord shallat its expense, during Business Hoursthe Lease Term: (i) to provide, make available during the hours of 8:00 A.M. to 6:00 P.M., Monday through Friday and 8:00 A.M. to 1:00 P.M., Saturday, legal holidays excepted, a list of which can be found in Exhibit D, heating and air-conditioning in the Premises during the normal heating and air conditioning seasons, substantially equivalent to that being furnished in comparably aged, similarly equipped office buildings in the suburban Greater Boston area; (ii) to furnish hot and cold water for ordinary toilet, drinking, sprinkler, pantry, lavatory, cleaning and drinking purposes. If Tenant requires water for any other purpose, including without limitation, in connection with the business conducted in the Premises, heatingTenant shall pay the landlord an appropriate charge stipulated by Landlord to reimburse Landlord for the cost of such extraordinary water and related sewer use charge (including a charge to reimburse Landlord for the cost of metering Tenant’s usage); (iii) to furnish non-exclusive passenger elevator service; (iv) to furnish, ventilation and cooling service (“HVAC Service”) through Landlord’s employees or independent contractors, general cleaning services in accordance with the design criteria specifications attached hereto as Exhibit E; and (v) to furnish, through Landlord’s employees or independent contractors, additional Building operation services available from Landlord upon reasonable advance request of Tenant at rates from time to time established by Landlord to be paid by Tenant provided the same may be reasonably and conveniently provided by Landlord. The Landlord further agrees to cause the parking areas, driveways, and walkways on the Lot to be kept reasonably clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the lot lighted as reasonably necessary and perform its obligations with respect to maintenance and repair set forth on Exhibit LANDLORD SERVICESin Section 8.2 above. If Upon the request of Tenant from time to time, Landlord shall require HVAC Service use reasonable efforts to provide services at any times hours other than during Business Hours and/or Business Days, then Tenant shall provide not less than twenty-four (24) hours prior notice thereof to Landlord. Landlord shall make available such after hours HVAC Service to the Premises times set forth above and Tenant shall pay to Landlord, reimburse Landlord as additional rent, Additional Rent for the reasonable cost of such services (as determined and/or allocated by Landlord in its good faith) within thirty (30) days after receipt of Landlord’s invoice therefortherefore (provided, such however, these overtime HVAC charges as may from time services shall not apply to time be established by submetered electric for the Third Floor Space). Landlord based on Landlord’s reasonable estimate of the cost shall have no obligation to provide utilities or equipment other than the same, without xxxx-up. Landlord represents that it is Landlord’s reasonable estimate that such rate, utilities and equipment within the Premises as of the Term Commencement Date, shall be $50.00 per floor per hour, subject to change from time to timeDate of this Lease. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises not, without first having obtained Landlord’s prior written consent (which consent Landlord shall not unreasonably withhold), install or use any additional air-conditioning or heating equipment in each instancethe Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant’s sole obligation, provided that any such installation shall require the written consent of Landlord, which consent shall not be unreasonably withheld but which may include the requirement to pay for condenser water or other actual, reasonable third-party costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems making available HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any Alterations made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall Tenant introduce into the Premises personnel or equipment that overloads the capacity of the HVAC System or in any other way interferes with the system’s ability to perform adequately its proper functions, or that affects the temperature otherwise maintained by the HVAC System, provided that Tenant may install supplemental HVAC units in the Premises or as part of the Roof Equipment in accordance with the provisions of Section 17.17 and subject to the provisions of Exhibit LANDLORD SERVICES. Landlord shall make adequate quantities of condenser water available to Tenant for such supplemental HVAC units on a 24/7 basis up to 60 tons of cooling without the payment of any “tap-in” fee or other charge except that Tenant shall reimburse Landlord for such condenser water at a rate equal to Landlord’s actual cost for same (without xxxx-up by or profit to Landlord)unreasonably withhold.