Common use of Tenant’s Costs Clause in Contracts

Tenant’s Costs. Tenant agrees to reimburse or pay Landlord within thirty (30) days after invoice from Landlord for (a) any cleaning expenses incurred by Landlord (to the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this Lease, and following not less than five (5) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost of such services within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Days

Tenant’s Costs. All costs in excess of the Tenant agrees Improvement Allowance will be the sole responsibility of Tenant. Upon receipt of bids for the Tenant's Improvements the Landlord or the Project General Contractor shall provide Tenant with a budget for the Tenant Improvement Plans and the Tenant's Improvements for the Tenant's review, setting forth in reasonable detail all identifiable costs associated with the Tenant Improvement Plans and the Tenant's Improvements. In the event the budget exceeds the Tenant Improvement Allowance the Project General Contractor, to the extent practical, shall provide the Landlord and Tenant suggested modifications to the Tenant Improvement Plans that will lower the Tenant Improvement Costs to an amount that does not exceed the Tenant Improvement Allowance (the "Suggested Modifications"). Landlord and Tenant shall review and approve the Suggested Modifications, such approval not to be unreasonably withheld, conditioned or delayed. In the event the parties do not agree to any or all of the Suggested Modifications and/or the budget for the Tenant Improvements remains above the Tenant Improvement Allowance and the Tenant is unwilling to pay the Excess Costs, the Landlord shall have the option to (i) terminate this Agreement in which event the Tenant shall reimburse Landlord for its costs related to the Tenant Improvement Plans, or (ii) increase Tenant Improvement Allowance. The Tenant shall not have the right to terminate this Lease based on the Tenant Improvement budget. Upon finalizing the Tenant Improvement budget the Tenant shall deposit cash with Landlord, or provide such other surety as is approved by Landlord in its sole but reasonable discretion, in an amount equal to the total budget less the Tenant Improvement Allowance (the "Excess Costs Deposit"). In the event Tenant requests any change to the Tenant Improvement Plans after finalizing the Tenant Improvement Plans and the cost of such change is not included in the final budget for the Tenant Improvements (as determined by the Project General Contractor) the Tenant shall remit payment to Landlord for the full cost of such change within thirty (30) days of invoice by Landlord. In the event the Excess Costs Deposit is not adequate to pay all costs associated with the Tenant's Improvements above the Tenant Improvement Allowance, the Tenant shall be promptly notified in writing and Tenant will remit payment to Landlord within thirty (30) days after of receipt of Landlord's invoice from Landlord for (a) any cleaning expenses incurred by Landlord (additional costs. In the event the Excess Costs Deposit is not fully required to complete the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain Tenant's Improvements, the Premises in the condition required by the terms of this Lease, and following not less than five (5) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost receive a refund of such services any unused portion thereof within thirty (30) days after Landlord has delivered to of completion of the Tenant's Improvements. Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to agrees that the Project General Contractor shall be used for all Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business DaysImprovements.

Tenant’s Costs. Whenever equipment or lighting (other than building standard lights or ordinary office equipment, including computers, copiers, lunch room refrigerators and microwaves) is used in the Premises by Tenant agrees and such equipment or lighting affects the temperature otherwise normally maintained by the design of the Building’s air conditioning system, Landlord shall have the right to reimburse charge for supplementary air conditioning facilities in the Premises or pay Landlord otherwise modify the ventilating and air conditioning system serving the Premises; and the actual cost of such facilities, modifications and additional service (including an administrative fee) shall be paid by Tenant as Additional Rent within thirty (30) days after invoice of receipt of an invoice. Should Tenant desire any additional service beyond that described in Article 13.2, above, Landlord may, at Landlord’s option upon reasonable advance notice from Tenant to Landlord, (i) refuse to consent to such services or (ii) consent to such services upon such conditions as Landlord for elects (a) any cleaning expenses incurred by Landlord (including the requirements that submeters be installed at Tenant’s expense, that Tenant pay directly to the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises provider of such service (in the condition required by the terms case of this Lease, and following not less than five (5submetered services) Business Days written notice to Tenant, and Tenant’s failure to correct such failure or to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost of such services as Additional Rent within thirty (30) days after Landlord has delivered to Tenant of receipt of an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hoursinvoice, shall include costs for electricity, water, sewage, water treatment, labor, metering, filteringLandlord’s additional expenses resulting therefrom, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on pay the cost of all alterations or additions made to accommodate such excess use, including the cost of a Requested Saturday Morning between submeter and installation of the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, same). Landlord shall provide HVAC service 40 tons of chilled water capacity to the Premises at no additional charge for Tenant’s server room and allow the installation of floor mounted air conditioning units and associated ductwork. The cost of installing connections and piping to new equipment shall be paid for out of the Cash Allowance. Tenant during shall install metering to monitor use of the requested period Building’s chilled water capacity and electricity. Installation may involve the addition of louvers to the North side of the building, and these louvers shall fit within the footprint of existing architectural louvers between 9:00 a.m. to 1:00 p.m. on such Saturday morning (structural grid lines 3 and 4, and shall be covered by the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Daysexisting louver architectural skin as a visible surface.

Tenant’s Costs. Tenant agrees to reimburse or pay Landlord within thirty twenty (3020) days Business Days after invoice from Landlord for (a) any cleaning expenses incurred by Landlord (to the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this Lease, and following not less than five (5) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by LandlordLandlord in the Park, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the BuildingPremises based upon general usage in the Park, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the PremisesPremises at Landlord’s cost, in which case the Operating Costs Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. Notwithstanding the foregoing, if Landlord installs separate metering of electricity, water or other utilities to the Premises due to Tenant’s usage thereof which is above normal usage for the Premises based upon general usage in the Park, Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented all costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost of such services within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Days.

Tenant’s Costs. Tenant agrees to shall reimburse or pay Landlord Landlord, within thirty (30) days after delivery of an invoice therefor, for all commercially reasonable out-of-pocket costs, expenses and fees actually incurred by Landlord in connection with Alterations proposed or performed by or on behalf of Tenant from Landlord for time-to-time during the Term of this Lease (excepting the Landlord’s Work), including costs incurred in connection with (a) any cleaning expenses incurred by Landlord Landlord’s review of the Plans (to including review of requests for approval thereof) and/or supervision of performance of the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this LeaseAlteration, and following not less than five (5) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) the provision of Building personnel during the performance of any expense incurred Alteration, to operate elevators or otherwise to facilitate Tenant’s Alterations. In addition, if the project costs of any Alteration performed by Landlord for usage or on behalf of Tenant (excepting the Landlord’s Work) are more than $250,000.00 in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined)aggregate, then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost of such services Landlord, within thirty (30) days after Landlord has delivered to Tenant delivery of an invoice therefor, the Construction Administration Fee (as hereinafter defined). The “Construction Administration Fee” shall be as follows: (A) with respect to an Alteration performed prior to the fifth (5th) anniversary of the Commencement Date, the Construction Administration Fee shall be an amount equal to the actual costs and expenses incurred by or on behalf of Landlord in connection with the review and supervision of said Alteration, including an allocation of the internal costs and expenses incurred for employees, representatives, and agents of Landlord and/or Landlord’s Agent, and out-of-pocket third-party fees, costs and expenses incurred by Landlord in providing HVAC service connection therewith, excepting only to the extent such fees, costs and expenses are otherwise included in Operating Expenses; and (B) from and after the fifth (5th) anniversary of the Commencement Date, the Construction Administration Fee for each Alteration shall be calculated as follows: (i) an amount equal to four percent (4%) of the hard construction costs, to the extent the hard construction costs are greater than $250,000.00 but are equal to or less than $2,500,000.00; (ii) an amount equal to three and one-half percent (3.5%) of the hard construction costs, to the extent the hard construction costs equal or exceed $2,500,001.00 but are equal to or less than $3,500,000.00; (iii) an amount equal to three percent (3%) of the hard construction costs, to the extent the hard construction costs equal or exceed $3,500,001.00 but are equal to or less than $4,500,000.00; (iv) an amount equal to two and one-half percent (2.5%) of the hard construction costs, to the extent the hard construction costs equal or exceed $4,500,001.00 but are equal to or less than $5,500,000.00; and (v) an amount equal to two percent (2%) of the hard construction costs, to the extent the hard construction costs equal or exceed $5,500,001.00. At Landlord’s request, Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request deliver to Landlord prior to 3:00 p.m. on reasonable supporting documentation evidencing the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested hard construction and soft costs incurred by Tenant in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”)designing and constructing any Alterations. As used [***] Certain information in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Daysdocument has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.

Tenant’s Costs. Tenant agrees to reimburse or pay Landlord within thirty twenty (3020) days Business Days after Tenant’s receipt of an invoice from Landlord for (a) any actual and documented cleaning expenses incurred by Landlord (to the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this Lease, and following not less than five (5) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, ; (b) any actual and documented expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basisduring Normal Business Hours (as defined in paragraph 3.5.3) for first class office buildings in the BuildingReston Virginia area, including other buildings in the office park in which the Building is located, (c) any actual and documented expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other actual and documented direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented all costs of such separate metering, in which case the Operating Costs Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the actual cost of such services within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Days.

Tenant’s Costs. (a) Subject to Landlord's funding of the Tenant agrees Improvement Allowance, Tenant shall be responsible for the payment of all costs associated with the Tenant Improvements. Landlord shall pay to reimburse or Tenant up to $280,000.00 (the "Tenant Improvement Allowance") toward the cost of the Tenant Improvements. Any costs and expenses for the Tenant Improvements in excess of the Tenant Improvement Allowance shall be paid solely by Tenant. Landlord shall, from time to time, pay Landlord to Tenant partial draws (a "Partial Draw") of the Tenant Improvement Allowance within thirty twenty-one (3021) days after invoice from Landlord for Landlord's receipt of. (a) any cleaning expenses incurred by Landlord (to the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this Lease, and following not less than five (5Invoice(s) Business Days written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premisesfor same, (b) partial lien releases from all contractors and subcontractors performing any expense incurred by Landlord for usage in portion of the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above work to which the normal usage Partial Draw is to be applied (on a per rentable square foot basis) for the Building"Partial Draw Improvements"), (c) any expense incurred by Landlord relating to or arising out of a certificate from Tenant's architect certifying in writing that the usage by Tenant or Partial Draw Improvements have been substantially completed in accordance with Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment's Plans, and (d) any other direct expense incurred by a certified written statement from Tenant certifying in writing to Landlord on that upon Tenant’s behalf's receipt of the Partial Draw, all costs relating to the Partial Draw Improvements have been paid in full. The normal cleaning to be provided by Landlord to remainder of the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs Improvement Allowance shall be adjusted accordingly. If Tenant desires any of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied paid to Tenant upon Landlord's receipt of (a) Invoice(s) for same, (b) lien releases from all contractors and subcontractors performing any portion of the work comprising the Tenant Improvements, ~c) a certificate from Tenant's architect certifying in writing that the Tenant Improvements have been substantially completed in accordance with Tenant's Plans, and (d) a certified written request of statement from Tenant delivered certifying in writing to Landlord before 3:00 p.m. on that upon Tenant's receipt of the Business Day preceding such extra usageTenant Improvement Allowance, and Tenant shall pay to Landlord the actual cost of such services within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The all costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service relating to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used Improvements have been paid in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Daysfull.

Tenant’s Costs. Tenant agrees to reimburse Whenever equipment or pay Landlord within thirty lighting (30other than Building standard lights) days after invoice from Landlord for (a) any cleaning expenses incurred by Landlord (to is used in the extent requested Premises by Tenant and such equipment or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain lighting affects the Premises in the condition required temperature otherwise normally maintained by the terms design of this Leasethe Building's air conditioning system, and following not less than five (5) Business Days Landlord will have the right, after prior written notice to Tenant, and Tenant’s failure to correct such failure to Landlord’s reasonable satisfaction with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage install supplementary air conditioning facilities in the Premises of heating, or otherwise modify the ventilating and air conditioning servicessystem serving the Premises; and the cost of such facilities, elevator servicesmodifications, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage additional service will be paid by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordinglyas Additional Rent. If Landlord reasonably believes that Tenant desires any is using more power than Landlord furnishes pursuant to Article 12.2, Landlord may install separate meters of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined), then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra Tenant's power usage, and Tenant shall will pay to Landlord for the actual cost of such excess power as Additional Rent, together with the cost of installing any risers, meters, or other facilities that may be necessary to furnish or measure such excess power to the Premises. (b) Electricity used for lighting the Premises, outlet power, and power used to operate Tenant's equipment, shall be separately metered and Tenant shall reimburse Landlord monthly as Additional Rent. (1) In the event Tenant wishes to utilize services within thirty of an alternative electricity service provider (30"ASP") days after Landlord has delivered rather than the public utility that is servicing the Building as of the date of Tenant's execution of this Lease, no such ASP shall be permitted to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC provide service to Tenant or install its lines or other equipment within the Building without obtaining the prior written consent of Landlord. (c) Tenant, at a time other than Normal Business Hoursits expense, shall include costs provide for electricity, water, sewage, water treatment, labor, metering, filtering, such cleaning service as it requires. The scope of work provided by Tenant's cleaning service shall not be less than Landlord's standard cleaning specifications which have been provided to Tenant. The cleaning service must be a locally recognized professional janitorial cleaning service and maintenance reasonably allocated by Landlord must be bonded and fully insured. A certificate or other verification of insurance coverage shall be provided to providing such serviceLandlord. Notwithstanding the foregoingInsurance must be sufficient, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. Landlord's sole opinion to 1:00 p.m.cover all personal liability, and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requestedtheft, Landlord shall provide HVAC service or damage to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business DaysBuilding.

Tenant’s Costs. Tenant agrees to shall reimburse or pay Landlord Landlord, within thirty (30) days after delivery of an invoice therefor, for all commercially reasonable out-of-pocket costs, expenses and fees actually incurred by Landlord in connection with Alterations proposed or performed by or on behalf of Tenant from Landlord for time-to-time during the Term of this Lease (including the Initial Installations), including costs incurred in connection with (a) any cleaning expenses incurred by Landlord Landlord’s review of the Plans (to including review of requests for approval thereof) and/or supervision of performance of the extent requested by Tenant or as required by Landlord if Landlord reasonably determines that Tenant has failed to maintain the Premises in the condition required by the terms of this LeaseAlteration, and following not less than five (5b) Business Days written notice the provision of Building personnel during the performance of any Alteration, to Tenant, and operate elevators or otherwise to facilitate Tenant’s failure Alterations. If Tenant does not retain Landlord’s Agent to correct such failure perform a construction oversight role in connection with Tenant’s performance of the Initial Installations, then Tenant shall not be obligated to pay a construction oversight fee to Landlord’s reasonable satisfaction Agent in connection with such time period), including carpet cleaning, garbage and trash removal expenses, over and above the normal cleaning provided by Landlord, if any, or due to the presence initial buildout of a lunchroom or kitchen or food or beverage dispensing machines within the Premises, (b) any expense incurred by Landlord for usage in the Premises of heating, ventilating and air conditioning services, elevator services, electricity, water, janitorial services, or any other services or utilities over and above the normal usage (on a per rentable square foot basis) for the Building, (c) any expense incurred by Landlord relating to or arising out of the usage by Tenant or Tenant’s Agents of the public or common areas of the Building or Land, or any of the equipment contained therein, which usage is over and above the normal usage for such public or common areas or equipment, and (d) any other direct expense incurred by Landlord on Tenant’s behalf. The normal cleaning to be provided by Landlord to the Premises is described in Exhibit G. Landlord reserves the right to install and activate separate metering of electricity, water or other utilities to the Premises, and Tenant agrees to reimburse or pay Landlord within twenty (20) Business Days after invoice from Landlord for the reasonable, actual and documented costs of such separate metering, in which case the Base Amount Allocable to the Premises and Operating Costs shall be adjusted accordingly. If Tenant desires any retains Landlord’s Agent to perform a construction oversight role in connection with the performance of the services specified in this paragraph 3.4.8, at a time other than Normal Business Hours (hereinafter defined)Initial Installations, then Tenant shall pay Landlord’s Agent a construction supervision fee in an amount equal to five percent (5%) of the construction bid for such services shall be supplied to Tenant upon the written request work. In addition, if any subsequent Alterations proposed by or on behalf of Tenant delivered to Landlord before 3:00 p.m. on during the Business Day preceding such extra usageTerm of this Lease costs more than $75,000.00 in the aggregate, and then Tenant shall pay to Landlord Landlord’s Agent, upon demand, a construction administration fee in an amount equal to five percent (5%) of the actual cost construction bid of such services within thirty (30) days after Alterations. In connection with the Initial Installations, such costs, expenses and fees may be deducted from the Landlord’s Contribution. At Landlord’s request, Tenant shall deliver to Landlord has delivered to Tenant an invoice therefor. The reasonable supporting documentation evidencing the hard and soft costs incurred by Landlord Tenant in providing HVAC service to Tenant at a time other than Normal Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, designing and maintenance reasonably allocated by Landlord to providing such service. Notwithstanding the foregoing, in the event that Tenant desires HVAC service on a Requested Saturday Morning between the hours of 9:00 a.m. to 1:00 p.m., and provided that Tenant delivers a written request to Landlord prior to 3:00 p.m. on the Business Day preceding the Requested Saturday Morning on which such HVAC service is requested in which Tenant specifies the hours during which such HVAC service is requested, Landlord shall provide HVAC service to the Premises at no additional charge to Tenant during the requested period between 9:00 a.m. to 1:00 p.m. on such Saturday morning (the “Requested Saturday Morning”). As used in this Lease, the term “Normal Business Hours” means 8:00 a.m. to 6:00 p.m. on Business Daysconstructing any Alterations.