Common use of UTILITIES AND JANITORIAL SERVICES Clause in Contracts

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating ExpensesExpenses on the terms provided in the definition of Operating Expenses set forth above. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 fifteen (15) days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 fifteen (15) days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systemssystems in the Premises, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers in the Premises and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant WorkImprovements, and paid by Tenant within 15 30 days after billing as additional Rent under this LeaseLease unless paid directly to the utility provider; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 30 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a by separate charge or and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) usage as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be for the Premises installed as part of the Tenant Work, and paid by Tenant within 15 days after billing at Tenant’s sole cost and expense (the cost of which may be deducted from Tenant Improvement Allowance), a meter, or as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid shall be payable by Tenant to Landlord within 15 30 days after billing as additional Rent under this Lease or included in Operating Expensesby Landlord. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer servicesservices used in the operation of the central HVAC systems, shall constitute Operating Expenses. All utility Electricity used in the Common Areas and emergency power, water and sewer services used by Tenant supplied to the Building and the Premises shall constitute Operating Expenses. Electricity usage within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lightinglighting and central HVAC systems, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; . If Tenant desires to use gas in the Premises, a separate meter or sub-meter must be installed as part of the Tenant Work, and (b) as to all other utilities, shall either measured usage will be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating ExpensesLease. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in 18.1 Landlord agrees to furnish to the production Premises during normal business hours on a five (5) day week, nine (9) hour day basis (the "Business Hours"), and subject to the Rules and Regulations of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationBuilding, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within suitable for the intended use of the Premises, includingheat and air conditioning required in Landlord's judgment for normal use and occupation of the Premises and janitorial services for the Premises and Common Areas. Landlord further agrees to furnish hot and cold (or "tempered") water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building from at least one (1) passenger elevator, without limitationbut Landlord does not guarantee that all elevators will be operational at all times. 18.2 As used in this Article 18, electricity and gas"Excess Consumption" means the consumption ---------- of electrical current (including current in excess of 120 volts), shall water, heat, cooling, or compressed air (if compressed air is furnished by Landlord) in excess of that which would be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as provided to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter the Premises were the Premises to be installed (i) built out with Building Standard Improvements only; (ii) used as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Leasegeneral office space during Business Hours; and (biii) as to all other utilitiesequipped only with typewriters, desk calculators, normal office computer equipment, dictation equipment, and copying machines with power requirements of 30 amperes or less. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but without limitation thereto, duplicating machines, electronic data processing machines, punch card machines, and machines using electrical current in excess of 110 volts, which will in any way result in Excess Consumption nor connect, except through existing electrical outlets, water pipes, ducts or airpipes (if any) in the Premises, any apparatus or device for the purpose of using electric current, water, heating, cooling, or air. If Tenant shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease require electric current, water, heating, cooling, or included air which will result in Operating Expenses. In additionExcess Consumption, Tenant shall provide its own janitorial services to first procure the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof, and Landlord may cause separate meters to be installed to measure Excess Consumption or establish another basis for determining the amount of electric equipment Excess Consumption. Tenant agrees to pay as additional rent hereunder for the cost of Excess Consumption at the rate of $5.00 per hour of Excess Consumption, or if Landlord's actual cost shall exceed $5.00 per hour, then Tenant shall pay Landlord's actual cost, plus any additional expense incurred in installing meters or keeping account of the Excess Consumption, at the same time as payment of the Minimum Monthly Rent is made. Tenant further agrees to pay as Landlord _______ Tenant _________ additional rent hereunder Landlord the costs, if any, to upgrade existing mechanical, electrical, plumbing, and air facilities, if required to provide Excess Consumption, upon receipt of a statement therefor. Excess Consumption costs will not relieve Tenant from the obligation to limit usage be an Operating Cost for purposes of electricity to no more than such capacity.Article 5. ---------

UTILITIES AND JANITORIAL SERVICES. All Charges for the utility services used consumed by Subtenant in or at the Subleased Premises during the Term (including electricity, and natural gas provided by Landlord) shall be included in the production Base Rent. All Building services and utility services (to the extent applicable) shall be provided in accordance with the terms of heating Section 11 of the Lease. Sublandlord shall not be liable to Subtenant for or any interruption or termination of utility services. Subtenant shall provide, at its own expense, any janitorial services it may use or require for the Subleased Premises. Subtenant shall not exceed the occupancy density ratio allocated to the Subleased Premises in accordance with Section 11.2 of the Lease during the Term. In the event Subtenant exceeds such density ratio in connection with its use of the Subleased Premises, Subtenant acknowledges and cooling agrees that Subtenant shall be solely liable and air supply responsible for all of the obligations and exhaust from covenants of the central HVAC Tenant under Section 11.2 of the Lease occasioned by such excessive usage, including without limitation, all costs and expenses in connection with any additional services and utilities supplied to the Subleased Premises, any installation of additional systems and equipment serving the Building and Subleased Premises, includingand any repair to Subleased Premises due to damage or wear and tear. To the extent Landlord does not provide any service to Sublandlord under the Lease that are not otherwise reimbursed as Operating Expenses, Subtenant shall contract directly with the service provider for such services (which shall include, but shall not be limited to telecommunications services). Sublandlord agrees, upon Subtenant’s request, to use reasonable efforts (excluding litigation or other adversarial proceedings), at Subtenant’s expense, (a) to cause Landlord to provide any Building services contemplated under the Lease to be provided to Subtenant, or (b) to obtain Landlord’s consent or approval under the Lease whenever required by the Lease, including promptly requesting such consent or approval from Landlord. Sublandlord and Subtenant hereby agree that reasonable efforts shall include, without limitation, electricity Sublandlord promptly (x) providing written notice to Landlord (or oral notice if permitted under the terms of the Lease) after Sublandlord receives notice from Subtenant hereunder, (y) providing Subtenant with copies of written notices or written responses received from Landlord relating to the Building services or any requested consents or approval, and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (az) otherwise keeping Subtenant reasonably informed as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by communications with Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services relating to the PremisesSublease Premises and the use thereof, using a janitorial service reasonably acceptable to Landlord the Building services and any requested consents or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay approvals hereunder or under the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacityLease.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All If Landlord so elects, any or all utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a by separate charge or and shall not be included as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) usage as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be for the Premises installed as part of the Tenant Work, and paid by Tenant at Tenant’s sole cost and expense, or as reasonably estimated by Landlord and shall be payable by Tenant to Landlord within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating ExpensesLandlord. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant WorkImprovements, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall may provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gascooling, as well as water and sewer or air which will result in excess consumption of such utilities or services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Hours as defined in Section 1.1 (the “Building Hours”): (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish (which costs shall be consistent with Landlord’s going rate for after-hours HVAC for the Building); and (iii) Tenant shall pay such cost within ten (10) business days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Hours). The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Building Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease. Landlord shall have the right to install on-site power (i.e., solar or small wind) at the Building or Project. Tenant agrees to cooperate with Landlord in connection with the installation and on-going operation of such on-site power. Tenant shall have no right to any renewable energy credits resulting from on-site renewable energy generation, even if Tenant uses such energy. Landlord may retain or assign such renewable energy credits in Landlord’s sole discretion. Tenant shall within ten (10) business days of request by Landlord provide consumption data in form reasonably required by Landlord: (i) for any utility billed directly to Tenant and any subtenant or licensee; and (ii) for any submetered or separately metered utility supplied to the obligation Premises for which Landlord is not responsible for reading. If Tenant utilizes separate services from those of Landlord, Tenant hereby consents to limit usage Landlord obtaining the information directly from such service providers and, upon ten (10) business days prior written request, Tenant shall execute and deliver to Landlord and the service providers such written releases as the service providers may request evidencing Tenant’s consent to deliver the data to Landlord. Any information provided hereunder shall be held confidential except for its limited use to evidence compliance with any sustainability standards. If Tenant fails to deliver any release or to provide any information requested hereunder within the ten (10) business day period, then Landlord may charge Tenant the sum of electricity $100.00 per day for each day after the ten (10) day period until delivered (the “Late Reporting Fee”), in addition to no more than any other rights or remedies afforded to Landlord for an Event of Default pursuant to Article 28 of this Lease. A Tenant Party shall not use, nor allow any of its parent, subsidiary or affiliated entities or architects, engineers, or other consultants or advisors to use, any of such capacityconsumption data or other information to challenge any sustainability score, rating, certification or other approval granted by any third party.

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in Section 1.1 (the production of heating “Building Hours”), and cooling subject to the Rules and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within suitable for general use of the Premises, including, without limitation, electricity heat and gas, shall be paid air conditioning required in Landlord’s judgment for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part normal use and occupation of the Tenant WorkPremises, and paid during such hours as determined by Landlord, janitorial services for the Premises and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilitiesshall require electric current, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease water, heating, cooling, or included air which will result in Operating Expenses. In additionexcess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than Building Hours: (i) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time reasonably establish (and the current rate, as of the date of this Lease, is $8.00 per hour per zone of after-hours’ usage, subject to reasonable adjustments established by Landlord from time to time); and (ii) Tenant shall pay such cost within ten (10) days after billing. Landlord shall not relieve be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease. Notwithstanding the foregoing, if (x) any interruption or cessation of utilities results from Landlord’s breach of this Lease or the obligation gross negligence or willful misconduct of Landlord, or its employees, agents and contractors, or (y) any such interruption is covered by any rent loss insurance maintained by Landlord, then if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result such interruption, and Tenant does not use the Premises, Minimum Monthly Rent and applicable Operating Costs not actually incurred up to limit usage that point by Tenant shall be abated for the period that commences three (3) business days after the date Tenant gives to Landlord notice of electricity to no more than such capacityinterruption until such utilities are restored.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitation, electricity and gas, as well as water and sewer services, shall constitute Operating ExpensesExpenses subject to the terms provided in the definition of Operating Expenses set forth above. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Workmeter, and paid by Tenant within 15 thirty (30) days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 thirty (30) days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systemssystems in the Premises, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers in the Premises and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation of electric equipment shall not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gascooling, as well as water and sewer or air which will result in excess consumption of such utilities or services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Business Hours as defined in Section 1.1: (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost within ten (10) days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Business Hours). The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Building Business Hours, shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant to xxxxx rent or Terminate this Lease. Landlord shall have the right to install on-site power (i.e., solar or small wind) at the Building or Project. Tenant agrees to cooperate with Landlord in connection with the installation and on-going operation of such on-site power. Tenant shall have no right to any renewable energy credits resulting from on-site renewable energy generation, even if Tenant uses such energy. Landlord may retain or assign such renewable energy credits in Landlord’s sole discretion. Tenant shall within ten (10) days of request by Landlord provide consumption data in form reasonably required by Landlord: (i) for any utility billed directly to Tenant and any subtenant or licensee; and (ii) for any submetered or separately metered utility supplied to the obligation Premises for which Landlord is not responsible for reading. If Tenant utilizes separate services from those of Landlord, Tenant hereby consents to limit usage Landlord obtaining the information directly from such service providers and, upon ten (10) days prior written request, Tenant shall execute and deliver to Landlord and the service providers such written releases as the service providers may request evidencing Tenant’s consent to deliver the data to Landlord. Any information provided hereunder shall be held confidential except for its limited use to evidence compliance with any sustainability standards. If Tenant fails to deliver any release or to provide any information requested hereunder within the ten (10) day period, then Landlord may charge Tenant the sum of electricity $100.00 per day for each day after the ten (10) day period until delivered (the “Late Reporting Fee”), in addition to no more than any other rights or remedies afforded to Landlord for an Event of Default pursuant to Article 28 of this Lease. A Tenant Party shall not use, nor allow any of its parent, subsidiary or affiliated entities or architects, engineers, or other consultants or advisors to use, any of such capacityconsumption data or other information to challenge any sustainability score, rating, certification or other approval granted by any third party.

UTILITIES AND JANITORIAL SERVICES. All utility services used in the production of heating and cooling and air supply and exhaust from the central HVAC systems serving As an Operating Cost (except with respect to separately metered electricity), Landlord agrees to furnish through Landlord’s employees or independent contractors, the Building and Premisesservices listed in Exhibit G. If Tenant shall require electric current, includingwater, without limitationheating, electricity and gascooling, as well as water and sewer or air which will result in excess consumption of such utilities or services, shall constitute Operating Expenses. All utility services used by Tenant within the Premises, including, without limitation, electricity and gas, shall be paid for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part of the Tenant Work, and paid by Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilities, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease or included in Operating Expenses. In addition, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord’s reasonable discretion, Tenant consumes any utilities or services in excess of electric the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services, within thirty (30) days following receipt of a statement of such costs from Landlord. Landlord shall have the right to install separate electrical meters, at Landlord’s expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant’s convenience. These meters shall be used, in part, by Landlord to determine Tenant’s excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than normal Building Hours as defined in Section 1.1 (the “Building Hours”): (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant’s desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost within thirty (30) days after billing. Notwithstanding the foregoing, as an energy conservation measure, Landlord will not run heating and air conditioning equipment serving the Premises on Saturdays unless requested by Tenant (provided that Tenant shall not relieve be charged for such Saturday service unless it is outside of Building Hours). The costs incurred by Landlord in providing HVAC service to Tenant from at a time other than Building Hours, shall include the obligation reasonably estimated costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to limit usage providing such service, but without xxxx-up. Except as otherwise expressly provided herein, Landlord shall not be liable for damages nor shall rent or other charges xxxxx in the event of electricity any failure or interruption of any utility or service supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no more than such capacityfailure or interruption shall entitle Tenant to xxxxx rent or terminate this Lease.

UTILITIES AND JANITORIAL SERVICES. All utility services used Landlord agrees to furnish to the Premises during normal Building Hours as defined in SECTION 1.1, and subject to the production of heating Rules and cooling and air supply and exhaust from the central HVAC systems serving the Building and Premises, including, without limitationRegulations, electricity and gas, as well as water and sewer services, shall constitute Operating Expenses. All utility services used by Tenant within suitable for general office use of the Premises, including, without limitation, electricity heat and gas, shall be paid air conditioning required in Landlord's judgment for by Tenant either through a separate charge or as part of Operating Expenses. Such charges shall be based upon Tenant’s usage, which usage: (a) as to electricity, other than overhead lighting, shall be measured by a separate meter or sub-meter to be installed as part normal use and occupation of the Tenant WorkPremises, and paid during such hours as determined by Landlord, janitorial services for the Premises and Common Areas. Landlord further agrees to furnish hot and cold water to those areas provided for general use of all tenants in the Building. Landlord will use diligent efforts to provide continuous elevator service for the Building. If Tenant within 15 days after billing as additional Rent under this Lease; and (b) as to all other utilitiesshall require electric current, shall either be reasonably estimated by Landlord and paid by Tenant within 15 days after billing as additional Rent under this Lease water, heating, cooling, or included air outside of normal Building Hours which will result in Operating Expenses. In additionexcess consumption of such utilities or services, Tenant shall provide its own janitorial services to first obtain the Premises, using a janitorial service reasonably acceptable to Landlord or shall make arrangements with Landlord for Landlord, through Landlord’s vendors, to perform such Premises cleaning services, and shall pay the costs thereof directly to Landlord. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make any alterations or additions to the electric equipment or systems, in each instance, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such alterations or additions (i) do not exceed the capacity of the wiring, feeders and risers and (ii) are in compliance with the City’s building code. Tenant’s use of electric current shall at no time exceed the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to the installation use thereof. If, in Landlord's reasonable discretion, Tenant consumes any utilities or services in excess of electric equipment the normal consumption of such utilities and services for general office use, Tenant agrees to pay Landlord for the cost of such excess consumption of utilities or services as additional rent, upon receipt of a statement of such costs from Landlord, at the same time as payment of the Minimum Monthly Rent is made. Landlord shall have the right to install separate electrical meters, at Landlord's expense, to measure excess consumption or establish another basis for determining the amount of excess consumption of electrical current. Further, Landlord shall have the right to install electronic HVAC over-time hour meters for Tenant's convenience. These meters shall be used, in part, by Landlord to determine Tenant's excess HVAC consumption for purposes of billing Tenant for such excess charges. If Tenant desires HVAC at a time other than Building Hours: (i) Tenant shall give Landlord such prior notice as Landlord shall from time to time establish as appropriate of Tenant's desired use; (ii) Landlord shall supply such after-hours HVAC to Tenant at such hourly costs to Tenant as Landlord shall from time to time establish; and (iii) Tenant shall pay such cost as additional rent within ten (10) days after billing. Landlord shall not relieve be liable for damages nor shall rent or other charges abate in the event of any failure or interruption of any utility or xxxxice supplied to the Premises, Building or Project by a regulated utility or municipality, or any failure of a Building system supplying any such service to the Premises (provided Landlord uses diligent efforts to repair or restore the same) and no such failure or interruption shall entitle Tenant from the obligation to limit usage of electricity to no more than such capacityabate rent or terminate this Lease.