Common use of SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION Clause in Contracts

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessor agrees as part of Operating Costs, to furnish the following: a. Lessor shall furnish hot and cold water to the Premises for ordinary lavatory, drinking, and office cleaning purposes. Lessor shall install or arrange to have the water company install a water meter at Lessee's expense which Lessee is not in default under any shall thereafter maintain at Lessee's expense and Lessee shall pay for water consumed as shown on said meter. Additionally, Lessor shall furnish rubbish removal services as required (as distinguished from janitorial services and Premises cleaning, which shall be arranged and paid for directly by Lessee) and shall maintain and repair, as required, the exterior areas of the Building and, in connection therewith, furnish landscaping and snow removal services and otherwise keep such areas adequately lighted, reasonably clean and in good order, condition and repair. b. Xxxxxx xxxll provide Lessee with conduits, pipes, tubes and wiring for the supply of electricity, gas, water, sewer and telephone service to the point of connection to the Premises. All services other than as provided pursuant to Section a. hereof to be provided to, or which shall be necessary for the conduct of, Lessee's operations within the Premises, including, without limitation and for purposes of illustration, the furnishing of electric current and gas energy (subject, however, to the provisions of Article 6), telephone, janitorial, cleaning, security and any other utility or service which Lessee shall deem necessary or desirable, shall be separately arranged, metered, maintained and paid for by Lessee. Lessee's utilities shall be separately metered, except as otherwise provided in this Lease, and all costs of any utilities not separately metered shall be reasonably apportioned by Lessor and shall constitute Additional Rent. Lessor shall not provide cleaning services to any portion of the Premises. Lessee, at its sole cost and expense, shall cause the Premises to be kept clean and in a good and orderly condition as befits similar buildings in the Business Park. In the event Lessee shall employ a contractor to provide any services to the Premises, such contractor (and any subcontractors) shall agree to employ only such labor as will not result in jurisdictional disputes or strikes. Lessee shall inform Lessor of the names of any contractor or subcontractor Lessee proposes to use in the Premises at least fifteen (15) days prior to the beginning of work by such contractor or subcontractors. c. Notwithstanding any provisions of this Lease, Lessor agrees to furnish, except on holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee neither party shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services perform its obligations (excluding Lessee's obligations to pay Fixed Basic Rent and Additional Rent) when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring. Lessor shall not be liable in damages or otherwise, for any delay or failure in Lessee's receiving any such utilities and in no event shall such delay or failure, regardless of cost, constitute an eviction of Lessee or termination of this Lease. d. Lessee with access to the Premises 24 hours per day each day of the year. e. Xxxxxx xxxll keep, replace and maintain in good order and condition and repair the Common Areas and the roof, roofdeck, outside walls, foundations, footings, load bearing walls and concrete floors, subject, however, the cost of same to the extent applicable shall be paid by the Lessee, as the Lessee's Percentage share, pursuant to the provisions of Article 23 hereof.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessor agrees as part of Operating Costs, to furnish the following: (a) Lessor shall furnish cold water to the Premises for ordinary lavatory, drinking, and office cleaning purposes. Lessor shall install or arrange to have the water company install a water meter at Lessee’s expense which Lessor shall thereafter maintain at Lessee’s reasonable expense unless such maintenance can be performed by the water company in which case the water company shall xxxx Lessee is not directly for all maintenance expenses and Lessee shall pay for water consumed as shown on said meter at the cost of same charged to Lessor by the water company. Lessor, at Lessee’s sole cost and expense, shall furnish rubbish removal services as required and janitorial services and Premises cleaning. Lessor shall maintain and repair, as required, the exterior areas of the Building and, in default under connection therewith, furnish landscaping and snow removal services and otherwise keep such areas adequately lighted, reasonably clean and in good order, condition and repair, and Lessee shall pay Lessee’s Percentage share thereof. (b) Lessor shall provide Lessee with conduits, pipes, tubes and wiring for the supply of electricity, gas, water, sewer and telephone service to the point of connection to the Premises. Lessee shall have reasonable access to the utility feeds in the portion of the Additional Premises located in Pod A-1 to perform work in the Building (the “Utility Feed Area”); provided that Lessee shall take reasonable safeguards to minimize interference with the tenant occupying the Utility Feed Area. Lessee shall cooperate with such tenant to minimize such interference. Notwithstanding the foregoing, in the event of an emergency, Lessor shall provide Lessee with full and unfettered access to the Utility Feed Area and shall include provisions in any sublease of any portion of the Property which confirms such access rights in favor of Lessee. All services other than as provided pursuant to Section a. hereof to be provided to, or which shall be necessary for the conduct of, Lessee’s operations within the Premises, including, without limitation and for purposes of illustration, the furnishing of electric current and gas energy (subject, however, to the provisions of Article 6), telephone, and any other utility or service which Lessee shall deem necessary or desirable, shall be separately arranged, metered, maintained and paid for by Lessee. Lessee’s utilities shall be separately metered, except as otherwise provided in this Lease, and all costs of any utilities not separately metered shall be reasonably apportioned by Lessor and shall constitute Additional Rent. Lessee, at its sole cost and expense, shall cause the Premises to be kept clean and in a good and orderly condition as befits similar buildings in Monmouth County. In the event Lessee shall employ a contractor to provide any services to the Premises, such contractor (and any subcontractors) shall agree to employ only such labor as will not result in jurisdictional disputes or strikes. Lessee shall inform Lessor of the names of any contractor or subcontractor Lessee proposes to use in the Premises at least fifteen (15) days prior to the beginning of work by such contractor or subcontractors. In addition to the services to be performed by Lessor under this Lease, Lessor, at Lessee’s sole cost and expense, shall provide complete management of the Property and Building, excluding providing child care center operations, fitness center, security and food services; it being understood, that Lessee shall contract for such services directly with contractors reasonably acceptable to Lessor and the cost of all such services shall be borne solely by Lessee. All services to be provided by Lessor or at the direction of Lessor shall be awarded to qualified third party service providers who were the low bidders pursuant to a commercially reasonable competitive bidding process. Lessee shall have the right, exercisable at Lessee’s reasonable discretion, to disapprove of any service provider and, upon providing notice to Lessor of such disapproval, Lessor shall re-bid the job and promptly retain a replacement service provider pursuant to a commercially reasonable bidding process. Notwithstanding the foregoing, Lessee agrees that Lessor shall have the right to furnishengage the services of janitorial contractors using union personnel, except on holidaysalthough such contractor may not be the lowest bidder; although it will be the lowest bidder of the union janitorial contractors. Lessee shall pay Lessor, as set forth on Exhibit E attached hereto Additional Rent, a management fee in an amount equal to two and made a part hereof: a. The cleaning servicesone-half percent (2.5%) multiplied by the sum of the following: (i) Fixed Basic Rent; (ii) Additional Rent not reimbursable to Lessee (i.e., as set forth on Exhibit D attached hereto and made a part hereof, and such Additional Rent that is not subject to refund to Lessee); and (iii) base building utility cost (which for purposes hereof shall be deemed $1.00 per rentable square foot of the conditions therein statedPremises per annum). Except as set forth on Exhibit DIf Lessor reasonably believes that the base building utility costs exceeds $1.00 per rentable square foot per annum, then Lessor shall cause a survey to be performed by an independent engineer to determine the base building utility cost. If the survey determines that the base building utility cost exceeds $1.00 per rentable square foot per annum, then Lessee shall pay a management fee based upon such determination and Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heatingthe survey. If the survey determines that the base building utility cost does not exceed $1.00 per rentable square foot per annum, ventilating then there shall be no adjustment to the management fee and air conditioning (herein "HVAC") Lessor shall pay the cost of the survey. Such management fee shall be payable in installments in the same manner as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part Additional Rent pursuant to Article 23 hereof, together mutatis mutandis. The base building utility cost shall mean all utility and energy costs, including any fuel surcharges or adjustments with Common Facilities lighting respect thereto, incurred for electricity, water, sewer, gas and electric energy all during Building Hoursother utilities, as defined not to include the electricity supplied to the lights and outlets of Lessee occupied or to be occupied office space in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereofas opposed to what would typically be considered “common areas” in a multi-tenanted building). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1C-1 and Paragraph 22, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during "Building Hours", as defined in the Preamblehereinafter defined. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, orders while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, holidays as set forth on Exhibit E attached hereto and made a part hereof: a. (A) The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. (B) Heating, ventilating ventilation and air conditioning (herein "HVAC") as appropriate for the season, season and as set forth on Exhibit C-1, C attached hereto and made a part hereof, together with Common Facilities common facilities lighting and electric energy all during "Building Hours, ," as defined in the Preamblehereinafter defined. c. (C) Cold and hot water for drinking and lavatory purposes. d. (D) Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof)Hours. e. (E) Restroom supplies and exterior window cleaning when reasonably required. f. (F) Notwithstanding the requirements of Exhibit C-1 C or D (as to HVAC) or D HVAC or any other provision of this Leaselease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeureforce majeure, as hereinafter defined. In the absence of Lessor's gross negligence, Lessor shall not be liable, under liable for any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Demised Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings furnishing of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, business however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default beyond any applicable notice and cure periods under any of the provisions of this this: Lease, Lessor agrees as part of Operating Costs (except to furnishthe extent specified as being at Lessor's cost and/or expense), except on holidays, as set forth on Exhibit E attached hereto and made to furnish the following: (a) As a part hereof:of the Base Building Work, Lessor shall install a water meter at Lessor's expense which Lessee shall thereafter maintain at Lessee's expense and Lessee shall pay for water consumed as shown on said meter. Lessee, at Lessee's sole cost and expense, shall furnish rubbish removal services as required and janitorial services and Premises cleaning. Lessee, at its sole cost and expense, shall cause the Premises to be kept clean and in a good and orderly condition as befits the Building and similar buildings in Parsippany, New Jersey. Lessee, at its sole cost, shall perform landscaping, maintenance and snow removal services. (b) All services other than as provided pursuant to subsection a. The cleaning serviceshereof to be provided to, or which shall be necessary for the conduct of, Lessee's operations within the Premises, including, without limitation and for purposes of illustration, the furnishing of electric current and gas energy (subject, however, to the provisions of Article 6), telephone, security and any other utility or service which Lessee shall deem necessary or desirable, shall be separately arranged, metered, maintained and paid for by Lessee. Lessee's utilities shall be separately metered. In the event Lessee shall employ a contractor to provide any services to the Premises, such contractor (and any subcontractors) shall agree to employ only such labor as set forth on will not result in jurisdictional disputes or strikes. Lessee shall inform Lessor of the names of any contractor or subcontractor Lessee proposes to use in the Premises at least fifteen (15) days prior to the beginning of work by such contractor or subcontractors. Lessor, at Lessor's expense, shall install a i building security system pursuant to Exhibit D attached hereto and made C as a part hereofof the Lessor's Base Building Work. Lessee, at its sole cost and expense, shall maintain and repair any building security system and may establish its own security system. Lessor, at Lessor's expense, shall install a life safety system in compliance with all applicable codes pursuant to Exhibit C as a part of the Lessor's Base Building Work. Lessee, at its sole cost and expense, shall maintain and repair the life safety system. (c) Lessee shall not be required to pay any overtime HVAC charges to Lessor. Lessee shall have the right, at Lessee's sole cost and expense, to place supplemental HVAC equipment on the roof of the Building or other locations within the Property reasonably acceptable to Lessor to serve a technical center as well as other areas requiring special or 24 hour air conditioning. Lessor shall provide adequate rights of way and access. Lessee shall obtain all approvals required by any regulatory body having jurisdiction over the installation and/or operation of said equipment, at Lessee's sole cost and expense. Lessee shall repair any damage to the roof caused by the installation, maintenance operation and/or removal of said equipment in a manner reasonably prescribed by Lessor. (d) Notwithstanding any provisions of this Lease, but subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost provisions of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this LeaseSection 21, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is solely due to Force Majeure. Subject to the provisions of Section 21, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural non­structural portions thereof, for loss of or injury to property of Lessee or to property, others,however occurring, through or in connection with or incidental to the furnishings furnishing of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring. Nothing contained herein shall be deemed to exculpate Lessor for: (i) Lessor's own willful misconduct; or (ii) Lessor's obligations ultimately resuming the services required herein at such time that the Force Majeure event is no longer an obstacle to provide same. Subject to the provisions of Article 21, Lessor shall not be liable in damages or otherwise, for any delay or failure in Lessee's receiving any such utilities and in no event shall any such delay or failure, regardless of cost, constitute an eviction of Lessee or termination of this Lease. (e) Lessee shall have access to the Premises 24 hours per day each day of the year, except in the case of an emergency. (f) Notwithstanding anything to the contrary in this Lease, until the ninth (9th) month anniversary of the Commencement Date, Lessor shall pay for all utility charges to the Premises; thereafter, Lessee shall be responsible for all utility charges with respect to the Property.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening and in compliance with all laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, holidays as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. Lessor shall not perform such cleaning services prior to 7:00 p.m. on business days. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service at all times, but reduced if not during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring. x. Xxxxxx shall provide such Building security as is customary for comparable buildings in the Roseland, New Jersey area. Lessor shall provide Lessee with twenty-five (25) security passes at no charge. Lessee shall be required to compensate Lessor $25.00 per card to the extent that more than twenty-five (25) cards are provided in any calendar year. Lessor shall cooperate with Lessee if Lessee desires to link Lessee's security system servicing the Premises with the security system servicing the Building, provided that any such linkage shall be at Lessee's sole cost and expense.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, : a. Cleaning services for the Demised Premises as set forth described on Exhibit E attached hereto (or substantially similar), provided the same are kept in reasonable order by Lessee. Lessee shall pay to Lessor the cost of removal from the Building of any of Lessee’s refuse and made a part hereof: a. The cleaning servicesrubbish which exceeds the refuse and rubbish usually attendant upon the use of such premises as offices. Bills for the same shall be rendered by Lessor to Lessee and shall be due and payable when rendered, and the amount of such bills shall be deemed to be, and be paid, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein statedAdditional Rent. Except as set forth on Exhibit DAlternatively, Lessee shall use Lessor’s contractors or employees, at the option of the Lessor, for the removal of such excess refuse and rubbish and Lessee agrees to pay the cost of all other cleaning services required by Lesseereasonable charges therefor. b. Heating, ventilating and air conditioning (herein "“HVAC"”) as appropriate for the season, and as set forth on Exhibit C-1D, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof)service. e. Restroom supplies in common area bathrooms and exterior window cleaning when reasonably required. f. x. Xxxxxx shall furnish and maintain fire extinguishers in the Building. g. Notwithstanding the requirements of Exhibit C-1 D (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's ’s business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, orders while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, holidays as set forth on Exhibit E attached hereto and made a part hereof: a. (A) The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. (B) Heating, ventilating ventilation and air conditioning (herein "HVAC") as appropriate for the season, season and as set forth on Exhibit C-1, C attached hereto and made a part hereof, together with Common Facilities common facilities lighting and electric energy all during "Building Hours, ," as defined in the Preamblehereinafter defined. c. (C) Cold and hot water for drinking and lavatory purposes. d. (D) Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof)Hours. e. (E) Restroom supplies and exterior window cleaning when reasonably required. f. (F) Notwithstanding the requirements of Exhibit C-1 C or D (as to HVAC) or D HVAC or any other provision of this Leaselease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeureforce majeure, as hereinafter defined. In the absence of Lessor's gross negligence, Lessor shall not be liable, under liable for any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Demised Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings furnishing of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, business however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "HVAC") as appropriate for the season, and as set forth on Exhibit C-1C-l, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "“HVAC"”) as appropriate for the season, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the Preamble. c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Notwithstanding the requirements of Exhibit C-1 C-l (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's ’s business, however occurring.

SERVICES TO BE PROVIDED BY LESSOR/LESSOR'S EXCULPATION. Subject to intervening laws, ordinances, regulations and executive orders, while Lessee is not in default under any of the provisions of this Lease, Lessor agrees to furnish, except on holidaysBuilding Holidays, as set forth on Exhibit E attached hereto and made a part hereof: a. The cleaning services, as set forth on Exhibit D attached hereto and made a part hereof, and subject to the conditions therein stated. Except as set forth on Exhibit D, Lessee shall pay the cost of all other cleaning services required by Lessee. b. Heating, ventilating and air conditioning (herein "“HVAC"”) as appropriate for is customarily provided in first class office space in the seasonimmediate area, and as set forth on Exhibit C-1, attached hereto and made a part hereof, together with Common Facilities lighting and electric energy all during Building Hours, as defined in the PreamblePreamble and electrical energy at all times, 365 days per year (except in the case of an emergency or Force Majeure). c. Cold and hot water for drinking and lavatory purposes. d. Elevator service during Building Hours (if the Building contains an elevator or elevators for the use of the occupants thereof). e. Restroom supplies and exterior window cleaning when reasonably required. f. Maintenance of all Common Facilities, structural portions of the Building (including roof and exterior walls and items constructed by Lessee or Building items affected by Lessee’s construction) in good order and repair for buildings of similar quality in the immediate area. g. Sewage removal from the Building. h. Snow removal from parking facilities, private access roads and adequate lighting of the parking facilities for reasonable hours beyond the Building Hours. i. Notwithstanding the requirements of Exhibit C-1 (as to HVAC) or D or any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable, under any circumstances, including, but not limited to, that arising from the negligence of Lessor, its agents, servants or invitees, or from defects, errors or omissions in the construction or design of the Premises and/or the Building, including the structural and non-structural portions thereof, for loss of or injury to Lessee or to property, however occurring, through or in connection with or incidental to the furnishings of, or failure to furnish, any of the aforesaid services or for any interruption to Lessee's ’s business, however occurring.