Common use of Utilities and Other Services Clause in Contracts

Utilities and Other Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for electricity separately metered to the Premises, telephone, telecommunications service, janitorial service, and all other utilities, materials and services contracted by and furnished directly to Tenant or the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered, but are provided to the Premises in common with other tenants in the Building and/or Project, and Tenant shall pay such amount to (and without any markup by) Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Exhibit B. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 AM. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, "after hours" shall mean more than 66 hours of usage during any week during the Term. "After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Tenant agrees to pay Landlord for those after-hour services at rates that Landlord may establish from time to time. Landlord's current charge for after-hours HVAC is $45.00 per hour (in addition to the applicable electricity charges paid to the utility provider). Notwithstanding the foregoing, Tenant shall have no obligation to pay HVAC after-hours charges so long as Tenant is the sole occupant of the Building (for purposes hereof, Tenant shall be deemed the sole occupant of the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the Building).

Utilities and Other Services. Tenant shall be responsible a. Landlord agrees to furnish the following services: i. Hot and cold water at those points of supply provided for and shall pay promptly, directly to general use of all the appropriate supplier, all charges for electricity separately metered to the Premises, telephone, telecommunications service, janitorial service, and all other utilities, materials and services contracted by and furnished directly to Tenant or the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered, but are provided to the Premises in common with other tenants in the Building and/or Projectand within the Premise; ii. Central heat and air conditioning sufficient for the comfortable occupancy of the Premises; provided, however, heating and air conditioning service at times other than during “Normal Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of normal business holidays) shall be furnished only on seventy-two (72) hours advance written request by Tenant to Landlord. Tenant shall pay such amount to (and without any markup by) Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternatively, Landlord may elect to include such bear the entire cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such additional service as such costs in the manner set forth in Exhibit B. Tenant shall also pay to are determined by Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 AM. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, "after hours" shall mean more than 66 hours of usage during any week during the Term. "After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Tenant agrees to pay Landlord for those after-hour services at rates that Landlord may establish from time to time. If Tenant shall use any equipment in the Premises which affects the temperature otherwise maintained by the central heating and air conditioning system, then Landlord shall have the right, in its sole discretion, to install supplemental air conditioning units and the cost thereof, including the cost of installation, maintenance and operation of such units, shall be paid by Tenant to Landlord upon demand; iii. Reasonable janitorial service, Monday through Friday only, exclusive of normal business holidays and iv. Facilities to provide electricity for routine lighting and the operation of general office equipment. Tenant shall not use any electrical equipment which in Landlord's current charge for after-hours HVAC is $45.00 per hour (’s opinion will overload the Building’s electrical systems or circuits. b. Landlord shall have the right to require Tenant to separately meter all non -standard or additional utilities and any or all of the utilities set forth above, in addition which case Tenant shall pay, prior to delinquency and directly to the applicable electricity charges paid appropriate utility company, all costs and expenses of such utility services, including all hook-up, user and tap fees and all other similar fees and charges. c. Landlord shall not be obligated to furnish any services or utilities other than as set forth in this Section 7; provided, however, if Landlord elects to furnish additional services or utilities, and the Tenant agrees to accept them for the Premise, then Tenant shall pay Landlord the costs of such additional services or utilities, or Tenant’s pro-rata share thereof, as determined by Landlord and presented to the utility provider)Tenant as an signed and agreed to addendum to the Lease. Notwithstanding the foregoing, Tenant Landlord shall have the right to interrupt any utilities or other services provided for in this Section 7 for such periods of time as Landlord deems necessary for repairs, alterations and improvements, and Landlord shall not be responsible for the stoppage or interruption of any such utilities or other services and no obligation such interruption shall result in an abatement of Rent. The failure by Landlord to furnish, or the interruption or termination of such utilities or other services in whole or in part resulting from causes beyond the reasonable control of Landlord (including, without limitation, Force Majeure (as defined below)) shall not render Landlord liable in any respect or be construed as an eviction of Tenant, or work an abatement of Rent, or relieve Tenant from any of its obligations hereunder. If Tenant fails to pay HVAC after-hours charges so long as for any utilities or services provided by Landlord hereunder within 3 calendar days of when the invoice for utilities/services is due, then Landlord shall have the right, without any notice to Tenant is the sole occupant and in addition to Landlord’s other rights and remedies hereunder, to discontinue any or all of the Building (for purposes hereof, Tenant shall be deemed the sole occupant of the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the Building)such utilities or services.

Utilities and Other Services. a. All electric, gas, sewer and water and other utility service will be provided directly to the Hangar Space and the Office Space through existing Building Systems by the public utility, Cumberland County or other utility providers servicing the Buildings. Tenant shall pay all costs and charges for all utilities consumed by Tenant at the Hangar Space and the Office Space based on the readings of one or more meters or submeters installed therein or elsewhere in the Buildings. To the extent any utilities furnished to the Hangar Space and/or the Office Space cannot be separately metered or Tenant is not billed directly by the public utility, Cumberland County, or such other utility provider for such utilities, Tenant shall pay to Landlord, as Additional Rent, all charges for all utilities used by Tenant in the Hangar Space and the Office Space, within five (5) days of Tenant’s receipt of a xxxx therefor. The charges for all utilities which are not separately metered or billed to Tenant shall be based upon metered use and shall be at the rates charged for such services by the local public authority or utility without xxxx- up. If Tenant shall require utility capacity in excess of that which is reasonably obtainable, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld or delayed) to such additional capacity. Tenant shall pay all costs of installation of all facilities necessary to furnish any such excess capacity and for such increased usage. b. Tenant hereby acknowledges that Landlord has leased the Premises to Tenant solely in consideration of the Rents to be paid by Tenant and the performance of the obligations herein expressly assumed by Tenant to be performed. Tenant acknowledges that, except as set forth in this Lease, Landlord has not made any representation or warranty, express or implied in fact or by law, as to the use or uses to which the Premises or any part thereof may be put. c. Tenant shall be responsible for all services (other than landscaping and shall pay promptly, directly snow removal) furnished to the appropriate supplierHangar Space and the Office Space. d. Interruptions of any services, all charges for electricity separately metered to whether or not furnished by Landlord, shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Hangar Space, the Office Space or any other portion of the Leased Premises, telephonenor render Landlord liable for damages by abatement of Rent or otherwise, telecommunications service, janitorial service, and all other utilities, materials and services contracted by and furnished directly to or relieve Tenant or from the Premises during performance of its obligations under this Lease. e. All utilities servicing the Term, together with any taxes thereon. Landlord Ramp shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not be separately metered, but are provided to the Premises in common with other tenants in the Building and/or Projectat Tenant’s expense, and Tenant shall pay be responsible for the payment of all such amount to (and without any markup by) Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Exhibit B. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 AM. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, "after hours" shall mean more than 66 hours of usage during any week during the Term. "After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term)utilities. Tenant agrees to pay Landlord will be responsible for those after-hour services at rates providing for its own telephone service and any electrical outlets that Landlord may establish from time to time. Landlord's current charge be necessary for after-hours HVAC is $45.00 per hour (in addition to the applicable electricity charges paid to the utility provider). Notwithstanding the foregoing, Tenant shall have no obligation to pay HVAC after-hours charges so long as Tenant is the sole occupant of the Building (for purposes hereof, Tenant shall be deemed the sole occupant of the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the Building)installing its operating equipment.

Utilities and Other Services. (a) As long as Tenant shall be responsible for and shall pay promptlyis not in default under any covenants of this Lease, directly to the appropriate supplierLandlord, all charges for electricity separately metered to the Premises, telephone, telecommunications service, janitorial service, and all other utilities, materials and services contracted by and furnished directly to Tenant or the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination hours (the “Working Hours”) of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered, but are provided 7:00 A.M. to the Premises in common with other tenants in the Building and/or Project, and Tenant shall pay such amount to (and without any markup by) Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Exhibit B. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 7:00 P.M. on Mondays through Fridays, before weekdays and 9:00 AM. or after A.M. to 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized excluding legal holidays, shall, at its expense but subject to reimbursement pursuant to Section 4(a), furnish the Premises with heat and air conditioning (“HVAC”) in the respective seasons, and provide the Premises with electricity not to exceed five (5) xxxxx per usable square foot of consumed electrical current for lighting and usual office equipment. At any hours other than the Working Hours, such heat and air conditioning services will be provided at Tenant’s expense at Landlord’s then-current rate therefor, which currently is $27.00 per hour per floor. Landlord shall also, at its expense but subject to reimbursement pursuant to Section 4(a), furnish the Premises with potable water and sewer services necessary for Tenant’s reasonable adjustment use of said hours the Premises. Notwithstanding anything herein to the contrary: (i) if Landlord reasonably determines that Tenant’s use of electricity exceeds five (5) xxxxx per usable square foot of consumed electrical current, Tenant agrees to pay for the installation of separate meters to measure electric usage in excess of normal office use and to pay Landlord for all electricity registered in such submeters; and (ii) any supplemental heating and/or cooling systems and equipment serving the Premises shall be separately metered to the Premises at Tenant’s cost, and Tenant shall be solely responsible for all electricity registered by Landlordsuch meters. If the HVAC unit(s) serve only the PremisesTenant pays for its electric usage pursuant to any such separate meters as described above, "after hours" shall mean more than 66 hours then Tenant’s Share of usage during any week during the Term. "After hours” usage Operating Expenses shall be determined based upon amended to exclude from Operating Expenses all electrical costs incurred for the operation teased areas of the Building and Project. Tenant, at its expense, shall make arrangements with the applicable HVAC unit during each utility companies and public bodies to provide, in Tenant’s name, telephone, cable and any other utility service desired by Tenant. Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of the foregoing periods on a "non-cumulative" basis Landlord. (that is, without regard to Tenant's usage or nonusage b) Use of other unit(s) serving the Premises, or any part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) for the heating or cooling units in the Premises, or rearrangement of partitioning which interferes with normal operation of the applicable unit during HVAC system in the Premises, may require changes in the HVAC system servicing the Premises. Landlord has no obligation to keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or in any similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. If Tenant exceeds the design conditions for the heating or cooling units in the Premises or introduces into the Premises equipment that overloads the system, and/or in any other periods way causes the system not adequately to perform their proper functions, supplementary systems may at Landlord’s option be provided by Landlord at Tenant’s expense. Tenant shall not change or adjust any closed or sealed thermostat or other element of the TermHVAC system without Landlord’s express prior written consent. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. (c) At Tenant’s election and cost, Tenant may install, operate, and maintain one or more supplemental, separately-metered HVAC systems reasonably necessary for Tenant’s business operations (the “Supplemental HVAC System”) at a location on the roof of the Building determined by the MEP Engineer (as defined in Exhibit D). Tenant agrees may use the Supplemental HVAC System to provide HVAC service to the Premises at any time or times as selected by Tenant. Tenant may, at its election, use the Supplemental HVAC System to provide HVAC service to the Premises after the above-described Working Hours, however, this will not prevent Tenant from also obtaining from Landlord HVAC service to the Premises after the Working Hours, provided that Tenant pays the above-described after hours HVAC rate. The installation, maintenance, use, and operation of the Supplemental HVAC System shall comply with Laws, and Tenant shall receive all approvals, consents, and permits required under the applicable Laws before the installation, maintenance, use, and operation thereof. To the extent that any permits or registrations are required for the installation or operation of the Supplemental HVAC System, they shall be obtained in Tenant’s name. Before beginning the installation of the Supplemental HVAC System, Tenant shall deliver to Landlord plans and specifications therefor prepared by a registered professional engineer and setting forth in detail the design and method of installation, which plans and specifications are subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Tenant may install the Supplemental HVAC System provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all applicable Laws and the plans and specifications therefore and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Supplemental HVAC System in a good, clean, and safe condition and in accordance with all applicable Laws and all manufacturer’s suggested maintenance programs, all at Tenant’s sole cost and expense. Tenant shall pay the monthly electrical submeter charges for the Supplemental HVAC System throughout the Term and such charges shall not include any markup or additional fee or cost charged by Landlord. Tenant shall repair all damage to the Building caused by the installation, use, maintenance or operation of the Supplemental HVAC System. At the end of the Term or Tenant’s right to possession of the Premises and at Landlord’s election, Tenant shall remove the Supplemental HVAC System; provided if requested by Tenant at the time of submission of its plans and specifications for the Supplemental HVAC System, Landlord shall advise Tenant at the time of its consent to the plans of Landlord’s election regarding Tenant’s obligation to remove the Supplemental HVAC System or leave it in place. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE SUPPLEMENTAL HVAC SYSTEM, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). (d) Landlord shall also furnish to Tenant and the Premises, the costs of which shall be included in Operating Expenses: (1) potable water at those points of supply provided for those aftergeneral use of tenants of the Building 24 hours per day 7 days per week; (2) HVAC service to the Premises, at such temperatures and in such amounts as are standard for comparable first-hour services at rates that Landlord class office buildings; (3) janitorial service to the Premises five days per week, other than holidays, and such window washing as may establish from time to time. time be required as reasonably determined by Landlord's current charge ; (4) elevators for after-hours HVAC is $45.00 per hour (in addition ingress and egress to the applicable electricity charges paid floor on which the Premises are located 24 hours per day 7 days per week, in common with other tenants; (5) electrical current 24 hours per day 7 days per week for equipment that does not require more than 110 volts and whose electrical energy consumption does not exceed normal office usage; and (6) adequate restroom facilities. (e) Tenant has informed Landlord that Tenant’s normal business hours are 6:30 a.m. to 10:00 p.m. seven (7) days per week and that the HVAC services described above will be provided to the utility provider). Notwithstanding Premises during those hours and expanded hours if Tenant so elects to expand its hours, subject to the foregoing, Tenant shall have no obligation to pay HVAC after-hours charges so long as Tenant is the sole occupant terms of the Building (for purposes hereof, Tenant shall be deemed the sole occupant of the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the BuildingSection 5(a).

Utilities and Other Services. 15.01 From and after the Rent Commencement Date, Tenant shall be responsible contract, in its own name, for and shall pay promptly, directly to the appropriate supplier, when due all charges for electricity separately metered to the Premises, telephone, telecommunications service, janitorial service, connection and all other utilities, materials and services contracted by and furnished directly to Tenant or the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost use of water, gas, sewerelectricity, refuse pickup telephone, waste collection, sewer use and any other utility services supplied to the Demised Premises during the Term (collectively, the “Utility Charges”), provided Landlord has caused such utilities and services that are not to be separately metered. Tenant shall have the exclusive right to select utility providers. Landlord shall not be responsible for any utility interruption, but are provided except to the extent caused by the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives. To the extent that there may be any shared electricity arrangements between the Demised Premises in common with other tenants in and 000 Xxxx Xxxxxx, Xxxxxxx Xxxx, Xxx Xxxxxx (i.e., Block 1401, Lot 4 on the Building and/or ProjectTax Map of the Borough of Florham Park), and Tenant shall pay such amount to (and without any markup by) Landlord, which is also owned by Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternativelythe Commencement Date, Landlord may elect to include such cost in shall ensure that the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Exhibit B. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition Demised Premises is separately metered for electricity consumption prior to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 AM. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, "after hours" shall mean more than 66 hours of usage during any week during the Term. "After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Tenant agrees to pay Landlord for those after-hour services at rates that Landlord may establish from time to time. Landlord's current charge for after-hours HVAC is $45.00 per hour (in addition to the applicable electricity charges paid to the utility provider)Rent Commencement Date. Notwithstanding the foregoing, in the event that Landlord shall incur Utility Charges in excess of $25,027.00 per month from and after the Commencement Date and prior to the Rent Commencement Date due to Tenant’s excessive use of utilities during the course of the performance of the Tenant’s Work or otherwise, Tenant shall reimburse Landlord for any such excess costs within thirty (30) days after receipt of written demand by Landlord. 15.02 Tenant shall contract, in its own name, for janitorial service in the Demised Premises. 15.03 Tenant shall have no obligation the right, but not the obligation, to pay HVAC afterprovide security services to the Property in accordance with the specifications determined by Tenant. Landlord shall not be liable for any lack of security in the Demised Premises or for damages for any error or other action taken with regard to the admission to or exclusion from the Demised Premises of any person, except to the extent caused by the gross negligence or willful misconduct of Landlord. 15.04 Tenant shall have the right to manage and operate the Demised Premises (or any portion thereof) utilizing third parties for the management and operation thereof. Notwithstanding the appointment of any third-hours charges so long as Tenant is the sole occupant of the Building (for purposes hereofparty manager, Tenant shall be deemed remain fully responsible for the sole occupant of Demised Premises in accordance with the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the Building)terms hereof.

Utilities and Other Services. Tenant shall be responsible a. Landlord agrees to furnish the following services: i. Hot and cold water at those points of supply provided for and shall pay promptly, directly to general use of all the appropriate supplier, all charges for electricity separately metered to the Premises, telephone, telecommunications service, janitorial service, and all other utilities, materials and services contracted by and furnished directly to Tenant or the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered, but are provided to the Premises in common with other tenants in the Building.; ii. Central heat and air conditioning sufficient for the comfortable occupancy of the Premises; provided, however, heating and air conditioning service at times other than during “Normal Business Hours” for the Building and/or Project(which are 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of normal business holidays) shall be furnished only on seventy-two (72) hours advance written request by Tenant to Landlord. Tenant shall pay such amount to (and without any markup by) Landlord, as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, along with reasonable supporting backup documentation. Alternatively, Landlord may elect to include such bear the entire cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such additional service as such costs in the manner set forth in Exhibit B. Tenant shall also pay to are determined by Landlord as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor, Landlord's "standard charges" (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for "after hours usage by Tenant of each HVAC unit servicing the Premises and that also serve other leased premises in the Building. The term "after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 AM. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, "after hours" shall mean more than 66 hours of usage during any week during the Term. "After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Tenant agrees to pay Landlord for those after-hour services at rates that Landlord may establish from time to time. If Tenant shall use any equipment in the Premises which affects the temperature otherwise maintained by the central heating and air conditioning system, then Landlord shall have the right, in its sole discretion, to install supplemental air conditioning units and the cost thereof, including the cost of installation, maintenance and operation of such units, shall be paid by Tenant to Landlord upon demand.; iii. Reasonable janitorial service, Monday through Friday only, exclusive of normal business holidays and iv. Facilities to provide electricity for routine lighting and the operation of general office equipment. Tenant shall not use any electrical equipment which in Landlord's current charge for after’s opinion will overload the Building’s electrical systems or circuits. b. Landlord shall have the right to require Tenant to separately meter all non-hours HVAC is $45.00 per hour (standard or additional utilities and any or all of the utilities set forth above, in addition which case Tenant shall pay, prior to delinquency and directly to the applicable electricity charges paid appropriate utility company, all costs and expenses of such utility services, including all hook-up, user and tap fees and all other similar fees and charges. c. Landlord shall not be obligated to furnish any services or utilities other than as set forth in this Section 7; provided, however, if Landlord elects to furnish additional services or utilities, and the Tenant agrees to accept them for the Premise, then Tenant shall pay Landlord the costs of such additional services or utilities, or Tenant’s pro-rata share thereof, as determined by Landlord and presented to the utility provider)Tenant as a signed and agreed to addendum to the Lease. Notwithstanding the foregoing, Tenant Landlord shall have the right to interrupt any utilities or other services provided for in this Section 7 for such periods of time as Landlord deems necessary for repairs, alterations and improvements, and Landlord shall not be responsible for the stoppage or interruption of any such utilities or other services and no obligation such interruption shall result in an abatement of Rent. The failure by Landlord to furnish, or the interruption or termination of such utilities or other services in whole or in part resulting from causes beyond the reasonable control of Landlord (including, without limitation, Force Majeure (as defined below) shall not render Landlord liable in any respect or be construed as an eviction of Tenant, or work an abatement of Rent, or relieve Tenant from any of its obligations hereunder. If Tenant fails to pay HVAC after-hours charges so long as for any utilities or services provided by Landlord hereunder within 3 calendar days of when the invoice for utilities/services is due, then Landlord shall have the right, without any notice to Tenant is the sole occupant and in addition to Landlord’s other rights and remedies hereunder, to discontinue any or all of the Building (for purposes hereof, Tenant shall be deemed the sole occupant of the Building so long as a third-party tenant is not leasing more than 50% of the second floor of the Building)such utilities or services.