Common use of Utilities and Other Services Clause in Contracts

Utilities and Other Services. (a) Commencing on the date of execution of this Lease, the LESSEE shall pay for all gas, electricity, water and sewer and any other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges to the utility supplier. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from such charges made by any such utility supplier for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents entering the Leased Premises, or for LESSEE'S repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. LESSOR agreeing to use reasonable due diligence to restore any such service or utility service.

Utilities and Other Services. (a) Commencing on All electric, gas, sewer and water and other utility service will be provided directly to the date of execution of this LeaseHangar Space and the Office Space through existing Building Systems by the public utility, New Castle County or other utility providers servicing the LESSEE Building. Tenant shall pay for all gas, electricity, water utilities consumed by Tenant at the Hangar Space and sewer and the Office Space based on the readings of one or more meters or submeters installed therein or elsewhere in the Building. To the extent any other utilities furnished to the Hangar Space and/or the Office Space cannot be separately metered or sub-metered Tenant is not billed directly by the public utility, New Castle 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 Leased PremisesHangar Space and the Office Space, within five (5) days of Tenant's receipt of a ▇▇▇▇ therefor. The LESSEE 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 ▇▇▇▇-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 shall be responsible for all utility company deposits applicable services (other than landscaping and snow removal) furnished to the supply Hangar Space and the Office Space. The costs of such all services (other than landscaping and snow removal) furnished by Landlord to the Leased Premises. To the extent not separately meteredCommon Areas, LESSEE limited to Hangar , shall be responsible borne by Tenant and the Co-Tenants in proportion to their proportionate interests in Hangar take occupancy of the balance of Hangar into an agreement upon terms and conditions mutually acceptable to them for the payment provision of its proportionate share of all gas, electricity, water and sewer use and any other services relating to the Common Areas and the sharing of the costs thereof and of any utilities which are not separately metered or subas between Tenant and any Co-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges to the utility supplier. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from such charges made by any such utility supplier for which LESSEE is responsibleTenant. (bc) LESSOR agrees to furnish reasonable heat to the stairwaysInterruptions of any services, elevators and other common areas in the Buildingwhether or not furnished by Landlord, or portions thereof, as necessary for comfortable occupancy and to provide lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for deemed an eviction or disturbance of Tenant's use and possession of the Hangar Space, the Office Space or any compensation or reduction other portion of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents entering the Leased Premises, or render Landlord liable for LESSEE'S repairing the Leased Premises if such repair is not performed damages by LESSORabatement of Rent or otherwise, or for making repairs or renovations to any portion of the Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction relieve Tenant from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason performance of accident or emergency, or until necessary repairs have been completed. LESSOR agreeing to use reasonable due diligence to restore any such service or utility serviceits obligations under this Lease.

Utilities and Other Services. (a) Commencing on the date of execution of this Lease, The LESSOR shall provide and the LESSEE shall pay charges for all gasheat, air-conditioning, electricity, and water and sewer use charges and any all other utilities separately metered or sub-metered to the Leased Premises. The , and LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall also be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other such utilities not separately metered or sub-metered to the Leased Premises but which serve the Leased Premises, all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges to the utility suppliercharges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from out of LESSEE's failure to pay for such charges made by any such utility supplier for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy twenty-four (24) hours, seven (7) days per week of the heating season of each year and to provide lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening twenty-four (24) hours, seven (7) days per week and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building Complex and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents entering the Leased Premises, or for LESSEE'S 's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) LESSOR has installed at its own expense separate meters for all utilities including heat, electricity, water and sewer, and air conditioning. The LESSEE shall pay its utility chargzes directly to the suppliers of such utility services, as billed by the LESSOR agreeing within ten (10) days of receipt of said ▇▇▇▇ and at least before the same become delinquent. The LESSEE and LESSOR shall have the right to use audit said charges and payments upon reasonable due diligence to restore any such service or utility servicenotice.

Utilities and Other Services. (a) Commencing on the date of execution of this Lease, the The LESSEE shall pay charges for all gasheat, air-conditioning, electricity, and water and sewer use charges and any all other utilities separately metered or sub-metered to the Leased Premises. The , and LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall also be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities not or separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges to the utility suppliercharges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising from for such charges made by any such utility supplier for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways access ways and approaches to the Building and the parking facility lots as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents agent entering the Leased Premises, or for LESSEE'S LESSOR's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however however, the necessity may occuroccur unless the same is due to the LESSOR's gross negligence. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, . 12 nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent that LESSOR has installed separate meters for all utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR agreeing shall have the right to use audit said charges and payments upon reasonable due diligence to restore any such service or utility servicenotice.

Utilities and Other Services. (a) Commencing on the date of execution of this Lease, the The LESSEE shall pay charges for all gas, heat, air-conditioning and electricity, water and sewer and any all other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall also be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities not separately metered or sub-metered to the Leased Premises all as reasonably reasonable determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges to the utility suppliercharges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from for such charges made by any such utility supplier for which LESSEE is responsibleresponsible for. (b) LESSOR agrees to furnish reasonable heat and air conditioning to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building Complex and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, accessways access ways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents entering the Leased Premises, or for LESSEE'S 's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereofthereof except that in the event utilities are not provided to the Leased Premises for at least ninety (90) consecutive days then LESSEE shall be entitled to rent abatement going forward on the unusable portion of the Leased Premises or shall have the right to terminate this Lease. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) to the extent there are separate meters for any utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR agreeing shall have the right to use audit said charges and payments upon reasonable due diligence to restore any such service or utility servicenotice.

Utilities and Other Services. (a) Commencing on the date of execution of this Lease, the The LESSEE shall pay charges for all gas, heat, air-conditioning and electricity, water and sewer and any all other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall also be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges to the utility suppliercharges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any claim or liability arising from for such charges made by any such utility supplier for which LESSEE is responsibleresponsible for. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy during and to provide lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building Complex and removal of snow and ice reasonably promptly after snowfall snow fall and ice accumulation have ended to all walkways, accessways and approaches to the Building and the parking facility as is customary in or about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agents entering the Leased Premises, or for LESSEE'S 's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however however, the necessity may occur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent there are separate meters for any utilities including heat, electricity, water and sewer, and air conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services and at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR agreeing shall have the right to use audit said charges and payments upon reasonable due diligence to restore any such service or utility servicenotice.