Common use of Utilities and Services Clause in Contracts

Utilities and Services. Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 16.1 Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Power and HVAC shall be separately submetered to Tenant as part of the Tenant Improvements. If any utilities or services are other utility is not separately metered or assessed sub-metered to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share ’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such costs utility jointly metered with other premises as Additional Rent or, in the manner set forth in Section 4.2alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord shall not be liable may base its bills for damages utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or otherwise for any failure or interruption as part of any utility or other service furnished the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than all fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Premises are affectedBuilding or Project (as applicable) shall thereafter be abated until to equal Landlord’s reasonable estimate of what such utility usage would have been had the Premises are again usable by TenantBuilding or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that if Landlord is diligently pursuing shall not recover more than one hundred percent (100%) of the repair cost of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there utilities. Tenant shall not be an abatement liable for the cost of Basic Rent. Any disputes concerning utilities supplied to the foregoing Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as set forth in Section 4.3, then Tenant shall be submitted responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and resolved labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by JAMS arbitration pursuant third parties to Section 22.7 deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s ordinary negligence (but not, for clarity, gross negligence). In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Premises, which shall be governed by Property at the provisions of Article XI of the Leaseapplicable time based on historic meteorological records.

Utilities and Services. Tenant Landlord represents that the Premises are not presently separately metered for electricity. Landlord shall pay promptly, directly provide to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance Building and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant inelectrical services reasonably sufficient for general office use, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay to Landlord the actual costs for such amount electrical services to the Premises. During the Lease Term, Landlord, as an item at its sole cost and expense, may install a submeter to the Premises or may have the utility company provide separate metering, at Landlord’s discretion. To the extent separate utility metering is available to the Premises, Tenant shall engage and procure its own utility services to the Premises, including electrical and telecommunications. Landlord shall provide to the Building and the Premises water and garbage services reasonably sufficient for general office use, and Tenant shall pay to Landlord Tenant’s Share of additional rent, the costs for such water and garbage services to the Building. Landlord shall also provide to the Building and the Premises janitorial services consistent with Historic Class B office buildings in the area. Tenant shall pay to Landlord Tenant’s Share of the costs of such janitorial services to the Building and Premises and the direct costs of such janitorial services to the Premises. Tenant shall pay such charges within ten thirty (1030) days after receipt of Landlord's statement or receiving an invoice thereforshowing such pro-rations and reasonable back-up information. Alternatively, Landlord may elect Tenant shall be responsible to include such cost determine that there is sufficient utility capacity in the definition Premises for purposes of Building Costs in which event Tenant shall pay conducting Tenant's proportionate share ’s use, and Landlord does not represent the availability or quantity of such costs any utilities in the manner set forth in Section 4.2Premises. Tenant agrees that Landlord shall not be liable for damages damages, by abatement of Rent or otherwise otherwise, for any failure interruption or interruption cessation of any service or utility (including telephone and telecommunication services, UPS services, or other service furnished to utilities), or for any diminution in the Premisesquality or quantity thereof, and no when such failure or interruption delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout, or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Premises or Building after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident, or casualty whatsoever, by act or Default of Tenant or other parties, or by any other cause; and such failures or delays or diminution shall never be deemed to constitute an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct disturbance of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities ’s use and building services, such as fire protection or water, so that all or a portion possession of the Premises cannot or relieve Tenant from paying Rent or performing any of its obligations under this Lease provided that nothing herein shall be used by Tenant, then Tenant's Basic Rent (or an equitable portion interpreted to relieve Landlord of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesits obligations, as for example, bringing specifically stated in portable air-conditioning equipment, then there shall not this Lease to provide services required to be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved provided by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseLandlord hereunder.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Tenant shall also pay to Landlord as an item of additional rent, provided that Landlord within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall interfere as little as reasonably practicable with be in addition to the conduct electricity charge paid to the utility provider) for Tenant’s “after hours” usage of Tenant's business in each HVAC unit servicing the Premises. “After hours” shall mean more than two hundred eighty-three (283) hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each month 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 months of the Term). Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents agents, contractors or employeesemployees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity services service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's ’s obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.are

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of Tenant's proportionate share furnish, or cause to be furnished to the Premises, the utility service and other services described in Exhibit "D" attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the cost of such utilities and services described herein and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Exhibit "D". Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other service furnished representatives to the Premises, comply with such regulations and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantrequirements; provided, however, Landlord shall non-discriminately pursue violations of said regulations and requirements. (c) If Tenant requires utility service or other services in quantities greater than, at times other than or of a type or quality different than that generally furnished by Landlord pursuant to Exhibit "D," Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord's charge for such additional or different utility service or services; provided, however, if, in Landlord's judgment, such excess or different service cannot be furnished unless additional risers, conduits, feeders, switchboards and/or other facilities are installed in the Building, or otherwise are not then being provided to other tenants in the Project (at the rate or level requested by Tenant), the provision of such additional or different services shall be subject to Landlord's nondiscriminatory requirements and conditions, provided, further however, that in no case shall Landlord have any obligation to provide such additional or different utility or other services if (i) the same is not generally available in first class office buildings in the area of the Project, (ii) in the case where additional risers, conduits, feeders, switchboards and/or other appurtenances would be required to be installed in the Building to provide such service, (A) the installation, maintenance or use of such facilities is not permitted under applicable Project financing documents, Law or insurance regulations, could result in permanent damage or injury to the Building or Building systems, could create a dangerous or hazardous condition or disturb or interfere with the use, occupancy or quiet enjoyment of other tenants or otherwise adversely affect the income stream, financeability, reputation or value of the Project, (B) Tenant shall not commit in advance to bear the cost (and to provide security satisfactory to Landlord for performance of such obligation) of installation, use, maintenance, repair and removal of such facilities, or (C) Landlord determines in good faith that installation, operation, maintenance and/or removal of such facilities is diligently pursuing otherwise infeasible under the circumstances. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such terms and conditions as shall be reasonably determined by Landlord, including payment of Landlord's charge therefor. In the case of any additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair of such utilities or services and system shall be paid by Tenant upon demand. (d) Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an liable for, and Tenant shall not be entitled to, any damages, abatement (except as expressly provided in subparagraph (f) below) or reduction of Basic Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit "D" for any reason, including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord's reasonable control. Any disputes concerning the foregoing Landlord shall be submitted entitled to and resolved by JAMS arbitration pursuant cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to Section 22.7 of perform any covenant or agreement under this Lease. The foregoing provisions In the event of any failure, stoppage or interruption thereof, Landlord shall not apply in case of damage to, use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or destruction fitness of the PremisesBuilding's ventilating, which shall air conditioning or other systems to maintain temperatures as may be governed by required for the provisions operation of Article XI any computer, data processing or other special equipment of Tenant or for any other purpose. (e) Landlord reserves the Leaseright from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit "D") for utilities and services. (f) In the event that Tenant is prevented from using the Premises or any portion thereof, as a result of any failure of Landlord to provide services or access to the Premises for fifteen

Utilities and Services. As of the Commencement Date, Tenant shall cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s name with the invoices sent directly to Tenant at the Premises. Tenant shall be responsible for the payment of all Utility Expenses. Tenant shall pay promptly, directly to the appropriate supplierutility company or similar entity the cost of all water, all charges for watersewer use, sewer discharge fees and sewer connection fees, gas, electricity, sewer, heat, light, power, telephoneelectricity, refuse pickup, janitorial service, interior landscape maintenance telephone, telecommunications and all other utilitiesutilities (collectively, materials and services furnished directly the “Utility Expenses”) billed or metered separately to Tenant or the Premises or used by and/or Tenant in, on or about the Premises during the Term. Subject to Section 6.2 above, together with Tenant shall also pay any taxes thereonand all assessments or charges for utility or similar purposes included within any tax xxxx for the Lot on which the Building is situated, including without limitation, entitlement fees, allocation unit fees and/or any similar fees or charges. If any utilities At least quarterly and at such shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses if requested by Landlord. Tenant acknowledges that the Premises may become subject to the rationing of utility services or services are not separately metered restrictions on utility use as required by a public utility company, governmental agency or assessed other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such failure rationing or interruption shall be deemed an eviction restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or entitle Tenant to terminate this Lease imposition levied, assessed or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of imposed upon the Premises, or such an interruption of other essential utilities Tenant’s use and building servicesoccupancy thereof by a public utility company, such as fire protection governmental agency, taxing authority or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasesimilar entity having jurisdiction thereof.

Utilities and Services. 16.1 Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share ’s Share of all charges of such costs utility jointly metered with other premises as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied, Tenant acknowledges that Landlord may extrapolate utility usage that vary depending on the occupancy of the Building or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building or Project (as applicable) that is occupied, then multiplying (y) the resulting quotient by (z) one hundred percent (100%) of the total Rentable Area of the Building or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of such utility costs. Further, in calculating utilities pursuant to the manner set forth foregoing adjustment, Landlord will endeavor to ensure that any vacant space is not being supplied with utilities, or if vacant space is being supplied with utilities, then such space will be deemed “occupied” for purposes of the foregoing calculation. 16.2 Except as provided in Section 4.2. this Section, Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other service labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease, except as provided in Section 16.12. 16.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the PremisesPremises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and no such failure or interruption other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be deemed an eviction paid by Tenant directly to the supplier of such utilities or entitle services. 16.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to terminate provide such utilities or services. Nothing in this Lease or withhold or xxxxx Section shall prohibit Tenant’s right to use any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlorddevice commonly used for the Permitted Use, provided that such use doesn’t violate this Lease. 16.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 16.6 Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 16.7 Landlord shall interfere as little as reasonably practicable with provide water in Common Areas for lavatory purposes only, which water shall be from the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents local municipal or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantsimilar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities or services meter and Landlord provides substitute services reasonably suitable for the installation thereof and, throughout the duration of Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ’s occupancy of the Premises, which Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be governed deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.8 Landlord reserves the provisions of Article XI right to stop service of the elevator, plumbing, ventilation, air conditioning and other utility systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and (except as provided in Section 16.2). Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or other utility service when prevented from doing so by Force Majeure or Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply; or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure or Landlord’s negligence. Landlord shall use commercially reasonable efforts (a) in exercising its rights pursuant to this Section in a manner so as to minimize or prevent interference with Tenant’s use of or access to the Premises, (b) to perform such repairs outside of normal business hours and (c) except in accident or emergency situations, to provide Tenant with prior written notice (email shall be deemed sufficient) in the event Landlord intends to stop service pursuant to this Section.

Utilities and Services. A. Landlord shall furnish to the Premises, during reasonable hours determined by Landlord and subject to applicable laws and the rules and regulations of the Building, electricity suitable for general office use (provided, however, that Tenant shall pay promptlynot at any time have a connected electrical load for lighting purposes in excess of one watt per square foot of the Premises or a connected load for all other power requirements in excess of two xxxxx per square foot of the Premises, directly and further provided that Tenant will comply with all directives of Landlord related to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupenergy conservation), janitorial service, interior landscape maintenance building heating and elevator service. Tenant agrees at all other utilities, materials times to cooperate fully with Landlord and services furnished directly to Tenant or abide by all the Premises or used by Tenant in, on or about regulations and requirements which Landlord may prescribe for the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share proper functioning and protection of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Building’s heating systems if any. B. Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise for any failure or interruption reduction of any amounts owing hereunder by reason of Landlord’s failure to furnish any of the foregoing utilities and/or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord including, without limitation, any governmental energy conservation program, and any such failure shall not constitute or be construed as a constructive or other eviction of Tenant. In the event any governmental entity promulgates or revises any law applicable to the Building, or any part thereof, relating to the use or conservation of energy, water, gas, light, or electricity, or relating to the reduction of automobile or other emissions, or the provision of any other utility or other service furnished provided with respect to this Lease, or in the event Landlord makes improvements to the PremisesBuilding or any part thereof in order to comply with such a law, whether the law is mandatory or voluntary, Landlord may, in its sole discretion, comply with such law or make such improvements to the Building or any part thereof related thereto. Such compliance and the making of such improvements shall in no such failure or interruption shall be deemed an eviction or event entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay Rent or withhold any other amounts reserved or xxxxx payable hereunder, or constitute or be construed as a constructive or other eviction of Tenant. C. Landlord makes no representation regarding the adequacy or fitness of the heating or ventilation equipment in the Building to maintain temperatures that may be required for any rent due hereunder. equipment of Tenant, and Landlord shall at all reasonable times have free access to all no liability for damage suffered by Tenant or others in connection therewith. Wherever, as the result of (i) the heat-generating machines or equipment; (ii) the lights; (iii) the occupancy of the Premises by more than one person per 100 square feet of net rentable area therein; (iv) an electrical load for lighting or power in excess of the limits per square foot of the Premises specified herein; or (v) any rearrangement of partitioning or other improvements, the Building heating and mechanical installations of Landlordventilation system supplied by Landlord is affected, provided that Landlord shall interfere as little as reasonably practicable with have the conduct right (but not the obligation) to install or cause the installation of Tenant's business supplementary heating and ventilation units or other equipment in the Premises. Notwithstanding On demand, Tenant shall pay for all such supplementary services and utilities, and shall pay the foregoingcosts of installation and maintenance of such supplementary equipment. D. Tenant will not operate its business in such a way or use any apparatus or device as will increase the amount of electricity or water usually furnished or supplied by Landlord for the purpose of using the Premises for general office use during regular business hours, if as a result of the actions of Landlordor connect with electric current, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of except through existing electrical outlets in the Premises, or such an interruption connect with water pipes, any apparatus or device for the purpose of other essential utilities and building services, such as fire protection using electric current or water, so . If Tenant shall require water or electric current in excess of that all customarily furnished or a portion supplied to other tenants of the Building for use of their premises for general office purposes during regular business hours, Tenant shall first procure the consent of Landlord, which Landlord in its sole discretion may refuse, to the use thereof, and Landlord may cause an electric-current or water meter to be installed in the Premises canso as to measure the amount of excess electric current or water so consumed by Tenant. The costs of any such meter and of the installation and maintenance thereof shall be borne by Tenant. Tenant agrees to pay to Landlord promptly upon notice thereof the costs of all such excess water and electric current consumed, as shown by said meters, at the highest marginal rates charged Landlord for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord in providing such excess current and/or keeping account of the excess electric current or water so consumed. E. Tenant acknowledges that during non-business hours, weekends and Building holidays, as the same may be designated by Landlord from time to time, public access to the Building may be limited and heating, janitorial and other normal building services will not be used by Tenant, then Tenant's Basic Rent (provided or an equitable portion of such Basic Rent may be provided on a limited or “additional cost to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasetenant” basis.

Utilities and Services. Tenant shall obtain in its own name and pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within ten fifteen (1015) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent sums due hereunder. In the event of utility "deregulation", Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that choose the service provider. Landlord shall interfere as little as reasonably practicable with provide water and sewer services to the conduct of Tenant's business in the Leased Premises. Notwithstanding anything in this Lease to the foregoingcontrary, if as (i) the restoration of service is entirely within Landlord's control, (ii) Landlord negligently fails to restore such service within a result reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the actions of Landlord, its authorized agents or employees, use permitted under this Lease) for more than five (5) consecutive business days, then Tenant shall notify Landlord (and Landlord's lender, if any) in writing that Tenant intends to abate rent. If service has not been restored within three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion ox Xxxdlord's receipt of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant's notice, then Minimum Annual Rent and Additional Rent shall abate on a per diem basis for each day after such five (5) day periox xxxing which the Leased Premises remain untenantable. Such abatement shall be Tenant's Basic Rent (or an equitable portion of such Basic Rent sole remedy for Landlord's failure to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedrestore service as set forth above, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted entitled to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, damages (consequential or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseotherwise) as a result thereof.

Utilities and Services. a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant shall agrees to pay promptly, directly to the appropriate supplier, as Additional Rent all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all heat or other utilities, materials and services furnished directly to Tenant or the Premises or utility used by Tenant in, on or about at the Premises during the Term, together with any taxes thereonPremises. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services A separate submeter has been installed and Tenant shall pay for the consumption of such amount to Landlordutilities based upon its metered usage. If no meter is installed, as an item Tenant shall pay its Proportionate Share of additional rent, any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. Notwithstanding anything to the contrary contained in this Lease, Landlord shall upgrade the electric service to the Building in order to provide the Premises with 1200 amps which upgrade shall be done at Landlord's statement or invoice therefor. Alternativelysole cost and expense. b) Within the Common Facilities of the Building, Landlord may elect to include such cost shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in the definition of Building Costs in which event season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. Tenant shall pay Tenant's proportionate share be responsible for its Proportionate Share of the cost of such services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, in accordance with the janitorial specifications attached hereto as Exhibits F, and the costs in the manner of such service will be passed through to Tenant as set forth in Section 4.2. 6. c) Except as otherwise expressly provided herein, Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderan abatement of rent. Landlord shall not be responsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the contrary contained herein, in the event there is any failure or defect in service furnished to the Premises by Landlord's direct control (as opposed to a public service utility company) or Landlord determines to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Demised Premises, and Tenant shall be unable for at all reasonable times have free access least seventy-two (72) hours to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's operate its business in the Premises. Notwithstanding Premises in substantially the foregoingsame manner as such business was operated prior to such interruption, if as the Fixed Basic Rent and Additional Rent shall be reduced on a result per diem basis in their proportion in which the area of the actions untenantable portion of Landlordthe Premises (i.e., the portion of the Premises in which Tenant is unable to operate its authorized agents or employees, for more than three (3business in substantially the same manner as such business was operated prior to such interruption) consecutive business days following written notice bears to Landlord there is no HVAC or electricity services to all or a portion the total area of the Premises, or for each day subsequent to the aforesaid seventy-two (72) hour period that such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by remains unusable. If any such interruption continues for a period in excess of thirty (30) days, Tenant shall have the right to terminate this Lease upon notice to Landlord. Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent its agents, employees and licensees shall have access to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedpremises 24 hours per day, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease7 days per week.

Utilities and Services. Tenant A. From the date Landlord's Work in the Premises is substantially completed and delivery of possession thereof to Subtenant, Subtenant agrees to pay for all utility services rendered or furnished to the Premises including heat, gas, water, electricity, sprinkler charges assessed by any governmental authority, fire line charges, sewer rental, sewage treatment facilities charges and the like, together with all taxes levied or other charges on such utilities and governmental charges based on utility consumption. Said utility services shall pay promptly, be provided directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or Premises by the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonlocal utility company. If any All utilities or services are not shall be separately metered or assessed assessed. All utility options available to Tenant, Landlord shall make a reasonable determination be made available to Subtenant, including, but not limited to, the rights provided under the natural gas service agreement with Dominion Peoples for the Airside Business Park, and Landlord agrees not to terminate, modify or decline not to extend any such agreements or options with reference to services to the Premises without the consent of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to LandlordSubtenant, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord consent shall not be unreasonably withheld, delayed or conditioned. B. In no event shall Landlord be liable for damages or otherwise for any the quality, quantity, failure or interruption of any utility or other service furnished services to the Premises, and no such failure unless resulting from the negligence or interruption shall be deemed an eviction wrongful acts or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions omissions of Landlord, its authorized agents agents, employees or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or contractors. C. As a portion part of the Premises, or such an interruption Landlord's Improvements to be constructed prior to delivery of other essential utilities and building services, such as fire protection or water, so that all or a portion possession of the Premises cannot be used to Subtenant, Landlord shall pay for any water meter, security deposit for same, and any tap-in fees, connection fees or assessments levied by Tenant, then Tenant's Basic Rent (the water or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities sewer utility company or any other utility authority which services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Provided that Tenant shall pay promptlyis not in default hereunder, directly Landlord agrees, during the Lease term, to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during those hours set forth in the TermRules and Regulations as defined in Paragraph 31 hereof, together with any taxes thereon. If any utilities or services are not separately metered or assessed and as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenant's proportionate share electric current for normal lighting and reasonable numbers of fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the cost Premises, janitorial service (including washing of such utilities windows with reasonable frequency as determined by Landlord) and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2elevator service by non-attended automatic elevators. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or interruption or cessation of utilities, including without limitation electrical power, attributable to the provider of such utility or the delivery system for damages such utility outside the Building and not under Landlord’s control; or otherwise for any failure other causes. Tenant is expected to use water or interruption of any utility electric power as considered reasonable or other normal by industry standards for a full service furnished gross office occupancy lease. Landlord may, at its option, request Tenant to pay, as additional rent, the cost, as fairly determined by Landlord (but in no event less than the cost to Landlord), incurred by usage that is proven to surpass reasonable industry standards. In addition, Landlord may install separate meter(s) for the Premises, at Tenant’s sole expense, and no such failure or interruption Tenant thereafter shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderpay all charges of the utility providing service. Landlord shall install and maintain at all reasonable times have free access Landlord’s expense any fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer and if so required, Tenant shall appoint one of Tenant’s personnel to all electrical coordinate with the fire protection facilities and mechanical installations personnel of Landlord. Any Building Standard incandescent light bulbs used in the Premises shall be paid for by Landlord and as included as part of operating costs. Upon Tenant’s request, provided that Landlord’s personnel shall install Building Nonstandard incandescent light bulbs or other Building Nonstandard bulbs in the Premises, at Tenant’s expense. Tenant agrees to pay Landlord shall interfere as little as reasonably practicable with for the conduct maintenance and cleaning of Tenant's business Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Notwithstanding the foregoingUnless Tenant makes such requests, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentresponsible in any manner for said maintenance, cleaning and repair. Any disputes concerning Landlord shall provide to Tenant the foregoing shall be submitted to maintenance and resolved services set forth on Exhibit “G,” attached hereto and incorporated herein by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasereference.

Utilities and Services. (a) Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and Saturdays from 8:00 A.M. to 1:00 P.M. (except the days observed by the Federal or State governments as legal holidays), Landlord shall furnish and distribute to the Premises air conditioning and heat with a system designed in accordance with Exhibit “F” hereto. If Tenant shall require air conditioning or heat at any other time (“after-hours”), Landlord shall furnish after-hours air conditioning and heat upon reasonable advance notice from Tenant, and Tenant shall pay promptlyLandlord’s costs (direct and related) therefor on Landlord’s demand. The current charge for after hours heat is $40.00 per hour and for after hours air conditioning is $75.00 per hour, directly which charges are subject to revision. (b) Landlord shall supply reasonably adequate quantities of water to the appropriate supplierPremises for ordinary lavatory and drinking purposes. (c) Landlord shall cause the Premises to be cleaned in accordance with Exhibit “G” hereto; provided that to the extent any area is used for the preparation, all charges dispensing or consumption of food or for watera computer room, gasdata processing or similar equipment and requires additional cleaning, electricityTenant shall pay to Landlord the premium charged for same by Landlord’s cleaning contractor. (d) In no event shall Landlord be required to provide any security services to the Premises. Tenant shall supply such security services to the Premises as Tenant requires and at Tenant’s sole cost and expense, sewersubject to Landlord’s prior approval of plans, heatprovided that Landlord’s consent shall not be required to the extent the work is nonstructural, lightas defined in Article 9(b) hereof. As of the Commencement Date, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly Landlord shall provide twenty-five (25) card keys to Tenant for its employees at Landlord’s sole cost and expense. In the event Tenant requires additional or the Premises or used by Tenant in, on or about the Premises replacement card keys during the Term, together with same shall be provided by Landlord to Tenant at Tenant’s expense. (e) Landlord does not warrant that any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost services referred to above, or any other services which Landlord may supply, will be free from interruption, Tenant acknowledging that any or more such services may be suspended by reason of such utilities and services and Tenant shall pay such amount accident or of repairs, alterations or improvements necessary to Landlordbe made, as an item or by strikes or lockouts, or by operation of additional rentlaw, within ten (10) days after receipt or causes beyond the reasonable control of Landlord's statement . Any such interruption or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition discontinuance of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord service shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical disturbance of Tenants use and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion possession of the Premises, or such an interruption of other essential utilities and building servicesany part thereof, such as fire protection or water, so that all or a portion of the Premises cannot be used render Landlord liable to Tenant for damages by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 Rent or otherwise, or relieve Tenant from performance of Tenant’s obligations under this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any abatx xxx rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents agents, contractors or employeesemployees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity services service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.useable by

Utilities and Services. (a) Provided that Tenant shall pay promptlyis not in default hereunder, directly Landlord agrees to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during Business Hours subject to the Term, together conditions of and in accordance with any taxes thereon. If any utilities or services are not separately metered or assessed the standards set forth in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, janitorial service (standard service provided five (5) days a week) and elevator service by non-attended automatic elevators. Landlord reserves the right to change electricity providers at any time and to purchase green or renewable energy. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant’s carelessness or the nature of Tenant’s business. Landlord’s obligation regarding any heating, ventilation and air conditioning (“HVAC”) and electrical systems shall be limited to the Building’s standard central HVAC and electrical systems, and Landlord shall make a reasonable determination of have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant's proportionate share ’s specific use of the cost of Premises (provided, however, that any contractor retained by Tenant to maintain or repair any such utilities and services and Tenant HVAC or electrical system shall pay such amount be subject to Landlord’s reasonable approval). Landlord shall not be obligated to service, as an item of additional rentmaintain, within ten (10) days after receipt of Landlord's statement repair or invoice therefor. Alternatively, Landlord may elect to include such cost replace any system or improvement in the definition Premises that has not been installed by Landlord at Landlord’s expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs example only, if the standard premises in the manner set forth Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent light tubes, irrespective of any incandescent fixtures that may have been installed in Section 4.2the Premises at Tenant’s expense). Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, acts of terrorism or events of national emergency or for any other causes. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure or interruption of any utility services to be provided under this Lease. If Tenant requires or other service furnished utilizes more water or electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant’s sole expense, and no such failure or interruption Tenant thereafter shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at pay all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result charges of the actions of Landlord, its authorized agents or employees, for more than three utility providing service. (3b) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a If the temperature otherwise maintained in any portion of the Premises by the HVAC systems of the Building is affected by reason of any lights, machines or equipment used by Tenant in the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion by the occupancy of the Premises cannot be used by Tenantmore persons than are contemplated by the design criteria of the HVAC systems, then Tenant's Basic Rent (Landlord shall have the right to install machines or an equitable portion of such Basic Rent equipment that Landlord reasonably deems necessary to restore temperature balance, including modifications to the extent standard air-conditioning equipment and electrical systems serving the Premises. The cost of any such equipment and modifications, including the cost of installation and any additional cost of operation and maintenance of the same, shall be paid by Tenant to Landlord upon demand. (c) Tenant acknowledges and agrees that less than all Tenant’s use of the Premises are affectedoutside the generally recognized business days and hours for the Building (the “Business Hours”) shall thereafter be abated until will impose an additional burden on Building services such as janitorial service, elevator service, fluorescent tube replacement and HVAC service, the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair cost of such utilities or which services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted paid to Landlord by Tenant as “after hours rent” upon demand. Landlord’s Business Hours shall be Monday through Friday, 7:00 A.M. — 6:00 P.M., Saturday, 8:00 A.M. — 1:00 P.M. national and resolved by JAMS arbitration pursuant state holidays excepted. Notwithstanding the first sentence of Subparagraph 18(a), such services are available twenty-four (24) hours per day subject to Section 22.7 of this Leasethe charge. The foregoing provisions shall not apply in case current charge for “after hours” HVAC services as of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseLease Commencement is $25.00 per hour per unit activated. Tenant acknowledges such “after hours” charge is subject to change upon advance written notice to Tenant.

Utilities and Services. Tenant (a) Provided Lessee is not in default under any of the covenants and agreements of this Lease, Lessor shall furnish Lessee the following services: (i) cleaning, janitor and window washing services standard (i.e., determined as to both quantity and quality solely by Lessor) for the Building (Lessee may provide its own cleaning and janitor services, in which case Lessee shall be entitled to a reduction in rent equal to the sum Lessor would have expended for such services if such services had been furnished by Lessor to Lessee, based upon the same rate or formula which Lessor then expends for similar services furnished by Lessor to its other tenants in the Buildings. However, such services shall be at Lessee's sole responsibility and expense and shall always be subject to supervision by Lessor); (ii) heating, ventilating and air-conditioning services during the term of this Lease and water, subject however to all other terms and conditions hereof, all of which, together with access to the Leased Premises, parking areas and common areas and facilities of the Building shall be furnished to Lessee twenty-four (24) hours per day, seven (7) days per week, but Lessor shall be required to keep the parking areas free from snow only between 8:00 A.M. and 6:00 P.M. on weekdays and 8:00 A.M. to noon on Saturdays; (iii) as long as Lessor provides electrical service in the Building, Lessee shall obtain all such service used in said Leased Premises from Lessor and shall pay promptlyLessor therefore, based on usage determined by sub-metering said Leased Premises, at standard Building Rates. In no event shall the rate charged Lessee herein be in excess of the then published commercial rate. Upon not less than sixty (60) days prior written notice to Lessee, Lessor may cease to provide electrical service to said Leased Premises without liability or responsibility to Lessee except to connect, within the period of said notice, the electrical system of said Leased Premises with another source of electrical service; thereafter, Lessee shall pay the charges for such service directly to the appropriate supplierpublic utility, or municipal corporation supplying the same, upon billxxxx xxxreof. Any new or additional electrical facilities in or servicing said Leased Premises required by Lessee shall be installed, furnished, maintained and made by Lessor at Lessee's expense. All expense of maintenance and cleaning of fluorescent lighting equipment located in said Leased Premises shall be borne by Lessee; and all electricity used during cleaning service or alterations and repairs in said Leased Premises shall be paid for by Lessee. (b) Lessee covenants and agrees that: (i) Lessee at all times shall cooperate fully with Lessor with respect to, and shall observe all reasonable regulations which Lessor may from time to time establish, for the proper functioning, protection and control of Lessor's air-conditioning equipment; (ii) Lessor, through Lessor's agents and employees, at all reasonable times shall have the right to enter said Leased Premises and to have free access to Lessor's equipment and the components thereof located on said Leased Premises for the purpose of the repair, maintenance and preservation of the same; (iii) Lessee will not damage or abuse Lessor's equipment nor permit the same to be done; and (iv) neither Lessee nor Lessee's agents, employees or invitees shall tamper with, or otherwise in any manner adversely affect, the mechanical or electrical components of said equipment, and any damage to the same caused by the willful or negligent act or acts of Lessee or Lessee's agents, employees or invitees shall be paid for by Lessee promptly upon receipt of a statement of the amount thereof. (c) Lessee shall pay Lessor's charges for waterwater and sewer, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance electrical and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten fifteen (1015) days after receipt the rendering of Landlordeach statement of account. The charge for water and sewer shall be "Lessee's statement Share" of total water and sewer charges, and gas charges shall be based on gas usage determined by sub-metering the Leased Premises of Lessee. The charge for water and sewer and gas shall be at the same rate as charged by the utilities providing same. Failure to pay either the rent reserved or invoice therefor. Alternativelyany other charges hereunder when due shall entitle Lessor, Landlord may elect upon not less than fifteen (15) days written notice, to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility discontinue furnishing water, electrical or other service furnished services to the PremisesLessee, and no such failure or interruption discontinuance of services shall be deemed an eviction or entitle Tenant disturbance of Lessee's use of said Leased Premises, nor render Lessor liable to terminate this Lease or withhold or xxxxx Lessee for damages, nor relieve Lessee from the performance of Lessee's covenants and agreements hereunder. (d) Lessor shall keep and make available to Lessee, for a period of six (6) months after statements of account above referred to are rendered to Lessee, records of all water and utility charges for the period covered by such statements and shall permit Lessee and the representatives of Lessee to examine and audit such statements and charges at any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordtime during business hours. (e) Lessor, provided while not warranting that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result any of the actions Building's services stipulated in Paragraph 7(a) will be free from interruptions or suspensions caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice Lessor to Landlord there is no HVAC or electricity services to all or a portion of the Premisesprocure such service, or to obtain fuel or supplies, or for other cause or causes beyond Lessor's reasonable control, will nevertheless diligently attempt to make such an repairs or renewals to Building distribution lines and facilities as may be required to restore any such service so interrupted or suspended. An interruption or suspension of, or fluctuation in, any Building service (resulting from any of other essential utilities and building services, such as fire protection said cause or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affectedcauses) shall thereafter never be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair deemed an eviction or disturbance of such utilities or services Lessee's use and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement possession of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.said Leased

Utilities and Services. Tenant shall obtain in its own name and pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within ten fifteen (1015) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2’s written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent sums due hereunder. Notwithstanding anything in this Lease to the contrary, if (i) the restoration of service is entirely within Landlord’s control, (ii) Landlord shall at all negligently fails to restore such service within a reasonable times have free access time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business use such space in the Premises. Notwithstanding normal course of its business for the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, use permitted under this Lease) for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenantdays, then Tenant shall notify Landlord (and Landlord’s lender, if any) in writing that Tenant intends to xxxxx rent. If service has not been restored within three (3) days of Landlord’s receipt of Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment’s notice, then there Minimum Annual Rent and Additional Rent shall xxxxx on a per diem basis for each day after such three (3) day period during which the Leased Premises remain untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be an abatement entitled to damages (consequential or otherwise) as a result thereof. In the event of Basic Rent. Any disputes concerning utility “deregulation”, Landlord shall choose the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseservice provider.

Utilities and Services. Tenant shall (within ten (10) days after receiving an invoice therefor) pay promptly, directly to the appropriate supplierentity or authority providing and/or billing the same. i.e. P.G.&E., (or reimburse the entity paying for the same, as the case may be), for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial data and other electronic communication service, interior landscape maintenance sewer service, waste and all refuse collection, and any other utilities, materials and or services furnished directly to Tenant Initials: Initials: or indirectly to, for the Premises or benefit of, and/or used by Tenant in, on or about the Premises during the Termterm of this Lease, together with including without limitation and for any taxes thereonreason any temporary or permanent utility surcharge or security deposit or other charge, deposit or the like. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate ’s pro rata share of maintenance and repair for landscaping, parking areas, roof and/or common area maintenance, and/or any other similar charges. In the cost event any of the above charges also apply jointly to other tenant(s) of Landlord where there is a common meter or common usage with other tenant(s), Tenant shall allocate, adjust, reimburse and/or pay such utilities and services charges on a temporary or permanent basis (as the case may be) directly to, from or with such other tenants); and Tenant shall pay seek and shall be solely responsible for reimbursement directly to or from such amount to Landlord, as an item of additional rent, within ten (10other tenant(s) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure such charges which may be reimbursable to or interruption of any utility from Tenant. Such charges may (at Landlord’s option) be allocated to the Premises by square footage or other service furnished to equitable basis (for example a PG&E usage survey payable at the Premisesexpense of the tenants involved) as finally calculated, determined, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderdirected solely by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, The PG&E meters for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of PG&E service for the Premises cannot and/or the Building may at Landlord’s option be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted transferred to and resolved by JAMS arbitration pursuant to Section 22.7 be in Tenant’s name and/or another entities name during the term of this Lease. The foregoing provisions In no event shall Landlord be liable for any such charges, computations, notice, xxxxxxxx, payment, advancement of money for payment, security deposits, or reimbursement to or from others for or with respect to any of the above services, utilities, materials, or charges, and Tenant shall not apply in case be entitled to any abatement or reduction of damage torent by reason of any interruption or failure of such utilities, materials, or destruction of services to Tenant or to the Premises, which shall be governed by Premises during the provisions of Article XI of the LeaseLease term.

Utilities and Services. 16.1. Except to the extent that Landlord has assumed responsibility for certain repair and maintenance obligations as set forth in Section 18.1 below, Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies furnished promptly to Landlord after execution thereof, in customary form and substance, for and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) roof coverings and drains, (e) clarifiers, (f) basic utility feeds to the perimeter of the Building and (g) any other equipment reasonably required by Landlord. In addition, no later than February 28th of each calendar year during the Term, Tenant, at Tenant’s sole cost and expense, shall furnish such service contracts and the maintenance records for such equipment and improvements for the previous calendar year to Landlord for Landlord’s review. Notwithstanding anything to the contrary in this Section, Landlord reserves the right, if Tenant fails to so furnish the aforesaid information within thirty (30) days of Landlord’s request, upon at least ten (10) days’ prior written notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. 16.2. Unless Landlord has expressly assumed responsibility for a particular utility or service as provided in Section 18.1 below, Tenant shall make all arrangements for and pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, air, sewer, refuse, gas, heat, light, power (including emergency power), telephone, refuse pickup, janitorial service, interior landscape maintenance telephone service and all any other utilities, materials and services furnished directly to Tenant service or the Premises or used by Tenant in, on or about utility at the Premises during the entire Term; provided, together with any taxes thereonhowever, that if Landlord shall permit and Tenant takes possession of the Premises prior to the Term Commencement Date, Tenant shall be responsible for utilities from such earlier date of possession. Gas and electric shall be separately metered to Tenant. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay all charges of such amount to Landlordutility. Any costs of purchasing, installing and monitoring any utility metering equipment for the Premises shall be paid by Tenant as an item Additional Rent. If Tenant does not pay all of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternativelyits utility bills directly, Landlord may elect base its bills for utilities that are not directly paid on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to include such reflect the actual cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2providing utilities. 16.3. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations covenant or agreement of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesthis Lease. Notwithstanding anything to the foregoingcontrary in this Lease, if as a direct result of the actions of Landlord, its authorized agents ’s gross negligence or employeeswillful misconduct, for more than three seven (37) consecutive business days following written notice to Landlord there is no Landlord: (a) HVAC or electricity services to all or a material portion of the PremisesPremises that Landlord must provide pursuant to this Lease is interrupted or is unable to support Tenant’s normal occupancy requirements for the Permitted Use, or such (b) an interruption of other essential utilities and building servicesservices that Landlord must provide pursuant to this Lease, such as fire protection or water, so that prevents the use or occupancy of all or a material portion of the Premises cannot be used by Tenantfor the Permitted Use, then Tenant's Basic ’s Base Rent and Operating Expenses (or an equitable portion of such Basic Base Rent and Operating Expenses based on the impact of such interruption on Tenant’s business operations, to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s continued use and occupancy of the Premises for Permitted Use purposes, as for example, bringing in portable air-conditioning equipmentequipment or potable water supplies, then there shall not be an abatement of Basic Base Rent. Any disputes concerning In any such event, regardless of cause, Landlord shall diligently pursue the repair of such utilities and services. The foregoing provisions shall be submitted Tenant’s sole recourse and remedy in the event of an interruption of services to and resolved the Premises caused by JAMS arbitration pursuant to Section 22.7 of this LeaseLandlord’s gross negligence or willful misconduct. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, in the case of simple negligence of Landlord, or in the case of damage to, or destruction of of, the Premises, Premises (which shall be governed by the provisions of Article XI 24 of the Lease).

Utilities and Services. (a) To the extent such items are separately metered to the Premises, Tenant shall pay promptly, directly to contract with the appropriate supplier, utility companies and shall promptly pay all charges (including hook-up fees) for waterheat, air conditioning, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance electricity and all any other utilities, materials and services furnished directly utility provided to Tenant or the Premises or used by Tenant in, on or about Premises. To the Premises during the Term, together with any taxes thereon. If any utilities or services extent such items are not separately metered or assessed to Tenantmetered, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of provide such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2reasonable quantities. Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise reduction of rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantcauses; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. (b) Tenant acknowledges and agrees that Tenant's use of the Premises after Business Hours imposes additional burden on the Project's janitorial services, HVAC and electrical services, and the Project Common Areas. Accordingly, after Business Hours use of services will be made available to Tenant and will be billed as additional Rent at the prevailing rate then charged by Landlord. Landlord’s current rate is $30 per hour with a two hour minimum. Landlord shall not charge Tenant for lighting after Business Hours. If Tenant requires electric current in excess of that usually furnished or supplied for use of the Premises as general business office space, Tenant shall first procure the consent of Landlord, which Landlord may refuse, to the use thereof and Landlord, if Landlord is diligently pursuing the repair of it consents, may make an equitable charge to Tenant for such utilities or services or, at Landlord's option and Landlord provides substitute services reasonably suitable at the sole expense of Tenant, may cause an electric current meter to be installed in the Premises, to measure the amount of electric current consumed for Tenant's purposesany such other use. The cost of any such meters and of installation, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing maintenance and repair thereof shall be submitted additional Rent payable by Tenant to and resolved by JAMS arbitration pursuant Landlord upon demand. (c) Tenant shall not, without the prior consent of Landlord, connect to Section 22.7 the utility systems of this Lease. The foregoing provisions shall not apply in case of damage tothe Building any apparatus, machinery or destruction other equipment with power requirements that exceed the designed electrical capacity of the Premises. Notwithstanding Landlord's consent to such excess loading of circuits, which Tenant shall be governed pay the cost of any additional or above-standard capacity electrical circuits necessitated by such excess loading circuits and the provisions of Article XI of the Leaseinstallation thereof.

Utilities and Services. Tenant shall pay promptly, directly A. Landlord agrees to furnish or cause to be furnished to the appropriate supplierPremises, during reasonable hours determined by Landlord and subject to applicable law and the rules and regulations of the Building, the following utilities and services, subject to the conditions and standards set forth herein: (i) non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, (ii) water for drinking and rest room purposes, (iii) reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant (if the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all charges events, Tenant will pay Landlord for waterthe cost of removing Txxxxx's refuse and rubbish, gasto the extent the same exceeds the refuse and rubbish attendant to normal office usage), electricity, sewer, (iv) radiant heat, light(v) at all reasonable times, powerelectric current as required for building standard lighting and customary office equipment. However: (a) without Landlord's consent, telephoneTenant may not install, refuse pickupor permit the installation, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or in the Premises of any space heaters, air conditioning equipment, electronic equipment or used by other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing will not preclude the normal use of personal computers or similar office equipment); (b) if Tenant inrequires electric current which may disrupt the provision of electrical services to other Tenants or which exceeds normal usage for Tenants in the Building, on Landlord may refuse to grant its consent or about may condition its consent upon Tenant's paying the cost of installing and providing any additional facilities required to furnish such excess power to the Premises during and upon the Terminstallation in the Premises of electric current meters to measure the amount of electric current consumed, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of Tenant will pay for the cost of such utilities meter(s) and services the cost of installation, maintenance and Tenant shall repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (c) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Lxxxxxxx's consent may be conditioned upon Tenant's requirement to pay such amount amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, as including but not limited to the cost of modifications to any air conditioning system. Landlord will not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current will never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will be equitably and periodically adjusted to include an item of additional rent, payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this section are due within ten (10) business days after receipt demand by Landlord and are Additional Rental. B. Landlord is not liable for any failure to furnish, stoppage of, or interruption in furnishing any of services or utilities, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's statement or invoice therefor. Alternativelyreasonable control, Landlord may elect and, in such event, Tenant is not entitled to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for any damages or otherwise for nor will any failure or interruption axxxx or suspend Txxxxx's obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls, or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant's obligations hereunder will not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service furnished or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Txxxxx's property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Txxxxx agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the event that such services are interrupted for a period of more than ten (10) consecutive days and such interruption prevents Tenant from conducting its business at the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair period of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseinterruption.

Utilities and Services. 16.1. Without limiting expenses that Landlord is obligated to pay for under this Lease, Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of any Alterations to the Premises) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof. 16.2. Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies of the same and of any related records furnished promptly to Landlord after execution thereof, in customary form and substance for, and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (a) heating, ventilating and air conditioning (“HVAC”) equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) landscaping and irrigation systems, (e) roof coverings and drains, (f) clarifiers, (g) basic utility feeds to the perimeter of the Building and (h) any other equipment reasonably required by Landlord. Notwithstanding the foregoing, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. 16.3. Within sixty (60) days after the Term Commencement Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall give Tenant a written estimate for such calendar year of the cost of utilities, if not separately metered, insurance provided by Landlord (“Insurance Costs”), and expenses in connection with any maintenance of the Premises SMRH:418641422.8 21 that may be performed by Landlord under this Lease, subject to the terms of Section 8.1. Tenant shall pay promptlysuch estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, directly Landlord shall furnish to Tenant a statement showing in reasonable detail the costs incurred by Landlord for the operation and maintenance of the Premises during such year (the “Annual Statement”), along with proof that reasonably details such costs to Tenant, and Tenant shall pay to Landlord the costs incurred in excess of the payments previously made by Tenant within ten (10) business days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for the operation and maintenance of the Premises exceed Tenant’s obligation, such excess amount shall be credited by Landlord to the appropriate supplierRent or other charges next due and owing, provided that, if the Term has expired, Landlord shall remit such excess amount to Tenant. 16.4. Tenant shall make all charges arrangements for and pay for all water, gas, electricity, air, sewer, refuse, gas, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance telephone service and all any other utilities, materials and services furnished directly to service or utility Tenant or required at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. 16.5. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents covenant or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 agreement of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Premises, which shall be governed by Property at the provisions of Article XI of the Leaseapplicable time based on historic meteorological records.

Utilities and Services. Tenant shall pay promptly, directly Landlord agrees to furnish or cause to be ---------------------- furnished to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials Premises the utilities and services furnished directly described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the ----------- conditions and in accordance with the standards set forth therein. Landlord may require Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together from time to time to provide Landlord with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord. Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character, (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Exhibit "F" and, except as expressly provided ----------- in Subsection 20(f) or Subsection 21(b), if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, as described under Exhibit "F", Landlord may at its option require Tenant to pay, ----------- as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of the cost of Operating Expenses subject to such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseadjustment.

Utilities and Services. Notwithstanding anything herein to the contrary, and in addition to Tenant’s obligations to pay items of Additional Rent as described in this Lease, throughout Tenant’s occupancy of the Premises, whether prior to, during or after the Lease Term, Tenant shall pay promptly, directly to the appropriate supplierutility company (or to Landlord in the event Landlord provides submeters instead of the utility company’s meters) the costs for all utilities and services supplied to the Premises, all charges for water, gas, including but not limited to electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Termtelephone and/or gas, together with any taxes thereon. If any such utilities or services are not separately metered to the Premises or assessed separately billed to Tenantthe Premises, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item Additional Rent, a reasonable proportion to be determined by Landlord of additional rent, within ten (10) days after receipt of Landlord's statement all such charges jointly metered or invoice therefor. Alternatively, Landlord may elect to include such cost billed with other premises in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs Building, in the manner and within the time periods set forth in Section 4.24.4. The responsibility for providing and the cost of any water, electricity, gas or sewage service, or any other meterable utility delivered to or consumed on the Premises shall be controlled by the terms and conditions of this Article 4. Tenant agrees to provide all, and Landlord shall not provide any, of such utilities to the Premises. 4.6.1 Tenant, at its sole expense, shall maintain meters for Tenant’s use of water, electricity, gas and all other meterable utilities. Tenant shall contract directly with the appropriate utility companies and/or public entities for the provision of such utilities, and shall pay directly such companies’ charges and any governmental fees, taxes or other charges payable in connection with such utility service. 4.6.2 Tenant agrees that the heating, ventilation and air conditioning systems within the Premises are adequate for Tenant’s use. Tenant shall use its best efforts to conserve energy in the operation of its heating, ventilation and air conditioning systems, and shall cooperate with Landlord in any energy conservation programs. 4.6.3 Tenant agrees that the lighting systems within the Premises are adequate for Tenant’s use. Tenant shall use its best efforts to conserve energy in the operation of its lighting systems, and shall cooperate with Landlord in any energy conservation programs. 4.6.4 Tenant agrees to maintain certain minimum standards determined by Landlord for utilities and other services for the Premises. 4.6.5 If Tenant fails to provide any of the utility or other services as required by this Section 4.6 or is, in Landlord’s reasonable judgment, about to so fail, Landlord may, but shall not be liable for damages required to, provide such services on Tenant’s account. Any costs incurred by Landlord in providing such services shall be deemed Additional Rent hereunder, and shall be billed on a monthly basis. If Tenant fails to make any such payment of Additional Rent that includes the cost of utility or otherwise for other services, then without prejudice to any other remedy that Landlord may have by reason of such failure or interruption to pay, Landlord may discontinue any such utility service to the Premises, without thereby incurring any liability to Tenant. Any such discontinuance of any utility or other service furnished to the Premises, and no such failure or interruption shall not be deemed an eviction (constructive or entitle Tenant otherwise), a disturbance of possession, nor an election by Landlord to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall pay promptly, directly to the appropriate supplier, all charges All utilities for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used which are not separately metered as well as all utilities for the common areas of the Building and maintenance services will be provided by Tenant inLandlord, on or about subject, however, to reimbursement pursuant to Article 9 below. Heat and air-conditioning (“HVAC”) required to be furnished by Landlord will be furnished whenever the same shall, in Landlord’s reasonable judgment, be required for Tenant’s comfortable use and occupancy of the Premises during the TermBuilding’s Standard Hours (the “Building’s Standard Hours” shall mean Monday through Friday, together with any taxes thereon8:00 a.m. to 6:00 p.m., holidays excluded). If any utilities or services are not separately metered or assessed to TenantIn addition, Landlord shall make provide janitorial services to the Premises and common areas of the Building, in a reasonable determination manner generally consistent with similar office buildings. Throughout the Term, Landlord also shall furnish to Tenant (i) operable restrooms for general use of Tenant's proportionate share tenants of the Building, (ii) hot and cold water for lavatory and drinking purposes; (iii) elevator service (if applicable), in common with other tenants, to the floor on which the Premises are located, and (iv) replacement of Building-standard light bulbs and fluorescent tubes, provided that the cost of such bulbs and tubes shall be paid by Tenant. All services shall be consistent with those provided in other first-class office buildings in the geographic area in which the Building is located. Tenant agrees to pay all separately metered utilities required and used by Tenant in the Premises. Landlord reserves the privilege of stopping any or all of such services in case of accident or breakdown, or for the purpose of making alterations, repairs or improvements, and Tenant shall pay not be liable for the failure to furnish or delay in furnishing any or all of such amount services when same is caused by or is the result of strikes, labor disputes, labor, fuel or material scarcity, or governmental or other lawful regulations or requirements, or the failure of any corporation, firm or person with whom the Landlord may contract for any such service, or for any service incident thereto, to furnish same, or is due to any cause other than the negligent act or omission of Landlord, ; and the failure to furnish any of such services in such event shall not be deemed or construed as an item eviction or relieve Tenant from the performance of additional rent, within ten any of the obligations imposed upon Tenant by this Lease (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect including the obligation to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Rent). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished responsible to the Premises, and no such failure Tenant for loss of property in or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of from the Premises, or for any damage done to furniture, furnishings or effects therein, however occurring, except where such an damages occur through the negligent act or omission of Landlord and Tenant’s insurance proceeds do not compensate Tenant for such loss or damage; nor shall Landlord be responsible should any equipment or machinery break down or for any cause cease to function properly on account of any such interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentservice. Any disputes concerning the foregoing Tenant shall be submitted to solely responsible for and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasepromptly pay all charges for telephone and other communication services.

Utilities and Services. Tenant Buildings and Site. (a) Landlord shall pay promptlyprovide site exterior lighting. (b) Landlord, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed at no expense to Tenant, Landlord shall make maintain the parking area adjacent to the Buildings including associated landscaped and parking areas and the access ways thereto, in a reasonable determination clean and orderly condition, and shall replace any broken plate glass windows or doors in the Buildings, unless such breakage is caused by Tenant’s or its agents’, employees’, customers’ or invitees’ improper acts or misuse of Tenant's proportionate share of the Premises, in which case Tenant will pay the cost of repair of any such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2damage. Landlord shall not be liable liable, however, for damages either the failure, or otherwise for delay, to furnish any failure of the services or interruption utilities specified in this Paragraph 8, or the curtailment of any utility such services or other service furnished to the Premisesutilities, and no when such failure or interruption curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs or improvements to Premises, or to the Buildings, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Landlord is not responsible for any maintenance of the Greenhouse. Notwithstanding the foregoing or anything to the contrary contained in this Lease (but subject to the last sentence of this subsection (b)), Tenant shall cease to occupy, and shall not in fact use, any Premises located in a Building because such Premises have become unsuitable for Tenant’s use as a consequence of a cessation of utilities or services not caused by Tenant or any of its agents, employees or contractors for a period exceeding five (5) consecutive days, or the presence of any Hazardous Materials not introduced to the Office Project by Tenant or any of Tenant’s employees, agents, contractors or invitees that shall have a material and adverse effect on Tenant’s ability to occupy its Premises in the relevant Building, then Tenant shall be deemed entitled to an eviction abatement of all rent payable hereunder for so long as Tenant does not in fact use the relevant Premises because the Premises have become unsuitable for Tenant’s use, and Monthly Base Rent shall be abated based on the proportion that the Premises so affected bears to the total Premises leased hereby. If such interference cannot be corrected or entitle the damage resulting therefrom repaired so that the entire Premises will be reasonably suitable for Tenant’s use within one hundred twenty (120) days after the occurrence of such event and Tenant does not in fact use the entire Premises for the conduct of its business during the entirety of such period, then Tenant also shall be entitled, at the end of such one hundred twenty (120) day period for a period of ten (10) business days hereafter to terminate this Lease or withhold or xxxxx (and receive a full refund and return of its deposits and any rent due hereunder. Landlord shall at all reasonable times have free access prepaid rent) by delivery of written notice of termination to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with unless the conduct of Tenant's business in interfering event is abated prior to the Premisesdate Tenant gives notice. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents Any casualty or employees, for more than three (3) consecutive business days following written notice damage to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted governed by Paragraph 20 hereof. (c) [Intentionally Deleted]. (d) Subject to and resolved by JAMS arbitration pursuant to Section 22.7 applicable laws, Landlord will provide reasonable amounts of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of water for the uses contemplated at the Premises, which shall be governed by separately metered. (e) Tenant shall pay its own janitorial, gas and electricity costs for the provisions of Article XI Premises, and Landlord shall bear no responsibility to supply such utilities or services, other than water as noted in subsection (d), above. All such utilities shall be separately metered to one or more portions of the LeasePremises. Tenant shall cause the Premises to be cleaned with sufficient frequency to preserve the neat, clean appearance of the Premises. (f) Landlord shall provide Tenant with keys to the Premises, and otherwise provide Tenant with access to the Premises twenty four (24) hours per day, seven (7) days per week, subject to any temporary closure as reasonably required for Landlord to carry out its repair obligations hereunder, the effect of casualty, and disaster, riot, public disturbance or other cause prevalent in the area of the Premises that shall result in closure of similar buildings located in the area of the Premises.

Utilities and Services. (a) Tenant shall pay promptlypromptly pay, directly to as the appropriate suppliersame become due, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupoil, janitorial sewer service, interior landscape maintenance waste pick-up and all any other utilities, materials and or services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermLease Term (collectively, together with any taxes thereon"Utilities"), including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fee (except to the extent such costs were included in the determination of the Turnkey Amount), and (ii) penalties for discontinued or interrupted service. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of at Tenant's proportionate share sole cost and expense, shall arrange for janitorial services for the Premises. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all Utilities as may be required by Tenant in the use of the cost of such utilities and services and Premises. Tenant shall pay such amount have the right to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in select the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in providers for all utilities servicing the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages resulting from interruption of, or otherwise Tenant's inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. (b) Tenant shall have the right, at Tenant's expense (subject to the Tenant's right to receive the Tenant Allowance to cover such expense), to increase the electrical capacity within the Building at any time and from time to time, subject to compliance with all governmental regulations and in accordance with the rules and practices of the Board of Fire Underwriters. (c) Subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to install one or more emergency diesel-powered generators ("Emergency Generator(s)") in an area adjacent to or in the Building or within the Common Area. The location of the Emergency Generator(s) shall be reasonably acceptable to both parties. Tenant shall be responsible for all costs and expense associated with the Emergency Generator(s), including, but not limited to, design, permits, installation and any damage to the Building and Common Areas caused by the removal of the Emergency Generator(s) at the expiration of the Term, which removal shall be performed by Tenant on or before the Expiration Date. (d) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that it shall contract directly with the local electrical supplier to provide electricity for the Building, and that Tenant reserves the right to change the provider of such service at any time and from time to time in Tenant's sole discretion (any such provider being referred to herein as the "Electric Service Provider"). Tenant shall cooperate with Landlord, and Landlord shall cooperate with Tenant, and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation, either by contracting for, or by allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant's use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. Except to the extent arising from the gross negligence or willful misconduct of Landlord or any of Landlord's Agents in their activities on, in, under or about the Project or Premises, in no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or interruption inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any utility change, failure, interference, disruption, or other defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (e) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project by Legal Requirement, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of governmentally-mandated rationing or restrictions or by Law. (f) Except to the extent arising from Landlord's or any of its Agents' gross negligence or willful misconduct, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or entitle relieve Tenant to terminate this Lease or withhold or xxxxx from any rent due of its obligations hereunder. In no event shall Landlord shall at all reasonable times have free access be liable to all electrical and mechanical installations Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of Landlordany plumbing or other pipes (including, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoingwithout limitation, if as a result of the actions of Landlordwater, its authorized agents steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or employeeswashstands, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all other similar cause in, above, upon or a portion of about the Premises, the Building, or such an interruption of other essential utilities and building services, such as fire protection the Project. (g) Landlord makes no representation with respect to the adequacy or water, so that all or a portion fitness of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, then there and Landlord shall have no liability for loss or damage in connection therewith. Tenant's consumption of electricity shall not exceed the Building's capacity as such capacity may be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted increased by Tenant from time to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply time in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseaccordance with paragraph 5(b) above.

Utilities and Services. Tenant shall pay promptly, directly A. Landlord agrees to furnish or cause to be furnished to the appropriate supplierPremises, during reasonable hours determined by Landlord (as set forth in Section 1.K of this Lease) and subject to applicable law and the rules and regulations of the Building, the following utilities and services, subject to the conditions and standards set forth herein: (i) non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, (ii) water for drinking and rest room purposes, (iii) reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant (if the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all charges events, Tenant will pay Landlord for waterthe cost of removing Tenant’s refuse and rubbish, gasto the extent the same exceeds the refuse and rubbish attendant to normal office usage), electricity, sewer, (iv) radiant heat, light(v) at all reasonable times,, powerelectric current as required for building standard lighting and customary office equipment. However: (a) without Landlord’s consent, telephoneTenant may not install, refuse pickupor permit the installation, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or in the Premises of any space heaters, air conditioning equipment, electronic equipment or used by other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which. Landlord is obligated to provide hereunder (provided, however, that the foregoing will not preclude the normal use of personal computers or similar office equipment); (b) if Tenant inrequires electric current which may disrupt the provision of electrical services to other tenants or which exceeds normal usage for tenants in the Building, on Landlord may refuse to grant its consent or about may condition its consent upon Tenant’s paying the cost of installing and providing any additional facilities required to furnish such excess power to the Premises during and upon the Terminstallation in the Premises of electric current meters to measure the amount of electric current consumed, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of Tenant will pay for the cost of such utilities meter(s) and services the cost of installation, maintenance and Tenant shall repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (c) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amount amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, as including but not limited to the cost of modifications to any air conditioning system. Landlord will not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current will never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will be equitably and periodically adjusted to include an item of additional rent, payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this section are due within ten (10) business days after receipt demand by Landlord and are Additional Rental. B. Notwithstanding the provisions of Landlord's statement or invoice therefor. Alternativelyparagraph 15.A. above, Landlord may elect to include such cost the existing, dedicated package HVAC unit in the definition server room shall be delivered in “as is” condition. The electricity for this package HVAC unit shall be at Tenant’s sole cost and expense. The west portion of Building Costs in which event the Premises is equipped with a package AC unit with electric heating coils for after-hours heat. This portion of the Premises has 24/7 HVAC available to it. The remainder of the Premises is not serviced by separate package HVAC units, but rather by fan coils utilizing chilled water from the main building chiller. Tenant at its sole cost and expense shall provide maintenance and repairs for the server room package HVAC unit, except that Landlord shall assist with minor, routine maintenance (e.g., change filters and fix drain pans if overturned and minor troubleshooting). Tenant shall pay Tenant's proportionate share reimburse Landlord for after-hours utilization of such costs in the manner set forth in Section 4.2all package AC units. Landlord shall reserves the right to install an additional meter to determine Tenant’s normal business hours server room electrical usage. Any after-hours electrical usage will be charged to Tenant at the actual averaged rate charged to the Landlord. Any other after-hours services provided by Landlord caused by Tenant’s after-hours use will be reimbursed to Landlord at Landlord’s normal charges for such services. C. Landlord is not be liable for any failure to furnish, stoppage of, or interruption in furnishing any of services or utilities, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord’s reasonable control, and, in such event, Tenant is not entitled to any damages or otherwise for nor will any failure or interruption xxxxx or suspend Tenant’s obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls, or voluntary controls relating to the use or conservation of energy, water, gas,, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder will not be affected by any action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service furnished or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the event that such services are interrupted to the extent it prevents Tenant from conducting its business at the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic ’s Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until after the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair exhaustion of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseits business interruption insurance coverage (required under Paragraph 13.B above).

Utilities and Services. From and after Substantial Completion of Landlord's Work, Tenant shall agrees to pay promptly, directly to the appropriate supplier, all charges for waterutilities and services used by it in the Premises, including, but not limited to, gas, electricity, telephone, sanitary sewer, heatstorm drainage, lightwater, powerand trash collection. Landlord shall supply hot water for heat as described in the Work Letter to such distribution facilities designated in the Design Development Plans (as defined in the Work Letter). Tenant shall maintain in good working order and make all necessary 37 repairs and replacements to such distribution facilities to the extent the same are located within or exclusively service the Premises, telephone, refuse pickup, janitorial service, interior landscape maintenance at Tenant's own cost and all other utilities, materials and services furnished directly expense. Such hot water shall be supplied to Tenant or the Premises or used by at such times and periods as Tenant in, on or about shall reasonably require for conducting its business at the Premises during in the Term, together with any taxes thereonmanner contemplated by this Lease and the Work Letter (not to exceed eighteen (18) hours per day). If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of supply (or cause to be supplied) condenser water to the cost of Premises as described in the Work Letter at such utilities and services and hours (not to exceed eighteen (18) hours per day) as Tenant may designate. Within thirty (30) days following demand therefor, Tenant shall pay such amount to Landlord, as an item of additional rentAdditional Rent, within ten Landlord's then established charges which shall not exceed one hundred percent (10100%) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include out-of-pocket costs for the quantities of such cost hot water and condenser water (except as otherwise specifically provided in the definition Work Letter) as Tenant may consume, as shown on the meter(s) installed by Landlord (but maintained by Tenant). Subject to Landlord's obligation to make utility easements and rights of Building Costs in which event Tenant shall pay Tenant's proportionate share way available pursuant to the provisions of such costs in Section 15.2 hereof and to bring utility lines to the manner set forth in Premises pursuant to Section 4.2. 1.1 hereof, Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no unless such failure shall be due to the negligence or willful misconduct of Landlord, its agents, licensees or employees and is not covered by rent abatement and business interruption insurance carried or required to be carried by Tenant. Subject to Landlord's obligation to make utility easements and rights of way available pursuant to the provisions of Section 15.2 hereof and to bring utility lines to the Premises pursuant to Section 1.1 hereof, Landlord does not warrant that any of the utilities and services mentioned herein will be free from interruptions caused by repair, renewals, improvements, alterations, strikes, lockouts, accidents, inability of Landlord to obtain fuel or supplies, or any other cause or causes beyond the reasonable control of Landlord. Any such interruption of service shall never be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct disturbance of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion use and possession of the Premises, or such an interruption of other essential utilities and building servicesany part thereof, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent give Tenant any right to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of terminate this Lease. The foregoing provisions Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities, and that if any equipment installed by Tenant shall not apply require additional utility facilities in case excess of damage tothose specified in the Work Letter, or destruction of the Premises, which same shall be governed installed at Tenant's expense in accordance with plans and specifications to be approved in writing by Landlord in accordance with the provisions of standards set forth in Article XI of the Lease14 hereof.

Utilities and Services. (a) Tenant shall pay promptly, make timely payment directly to the appropriate suppliervendor supplying the same, all charges for water, gas, electricity, sewer, heat, light, powerelectricity (subject to Paragraph 5(e) below), telephone, refuse pickup, janitorial sewer service, interior landscape maintenance waste pick-up and all any other utilities, materials and or services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermLease Term (collectively, together with any taxes thereon“Utilities”), including, without limitation, (i) deposits, meter, use and/or connection fees, hook-up fees, or standby fee, and (ii) penalties for discontinued or interrupted service, except that Tenant shall not be required to pay the cost of meters and/or utility hookups for the Utilities to the extent installation of such meters and/or utility hookups are a part of the Landlord Improvements. If Landlord is required to make any utilities or services are deposits for Utilities in order to complete the Landlord Improvements, Tenant shall, within thirty (30) days of Landlord’s written request therefor, (i) reimburse Landlord for any deposit for such Utilities paid by Landlord if the applicable vendor of the Utility returns to Tenant any deposit made by Landlord or, (ii) if the applicable vendor will not separately metered or assessed return such deposits to Tenant, Landlord then Tenant shall make replace Landlord’s deposit with a reasonable determination deposit from Tenant so that the vendor can return Landlord’s deposit to Landlord. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of Tenant's proportionate share all Utilities as may be required by Tenant in the use of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages resulting from interruption of, or otherwise Tenant’s inability to receive such Utilities, and any such inability shall not relieve Tenant of any of its obligations under this Lease unless such interruption makes it impossible or impractical for Tenant to operate its business in the Premises and such interruption is caused by Landlord’s negligence or willful misconduct, in which case, as Tenant’s sole and exclusive remedy against Landlord, Rent shall xxxxx from and after the eighth (8th) consecutive day of such interruption until such interruption ceases. (b) Tenant acknowledges that the Premises may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises , and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws. (c) Except with respect to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of any utility such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other service furnished to the Premises, and no such failure or interruption events shall be deemed an eviction of Tenant or entitle relieve Tenant to terminate this Lease or withhold or xxxxx from any rent due of its obligations hereunder. Except with respect to Landlord’s gross negligence or willful misconduct, in no event shall Landlord shall at all reasonable times have free access be liable to all electrical and mechanical installations Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of Landlordany plumbing or other pipes (including, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises. Notwithstanding the foregoing. (d) Tenant, if as a result of the actions of Landlordat Tenant’s sole cost and expense, its authorized agents or employees, shall arrange for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity janitorial services to all or a portion of for the Premises, or such an interruption . (e) Landlord and Tenant agree that Exhibit E-3 attached hereto and incorporated herein shall govern the installation of other essential utilities and building services, such as fire protection or water, so that all or a portion of any solar photovoltaic panels to be installed at the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent the “Solar Systems”) in order to the extent that less than all of provide the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasewith electricity.

Utilities and Services. a) Landlord shall provide HVAC equipment servicing the Premises in accordance with Schedule 1 to the Work Letter. Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. to 1:00 p.m. on Saturdays ("Business Hours"), of each week during the Term (Building Holidays excepted). Tenant agrees to pay monthly as Additional Rent all charges for electricity, light, heat or other utility (other than water and sewer) used by Tenant at the Premises. If a separate meter is installed, Tenant shall pay promptlyfor the consumption of such utilities based upon its metered usage. If no meter is installed, directly Tenant shall pay its pro rata share of any utility charges covering the Premises and the other portions of the Building as equitably allocated among such areas. Tenant's electricity consumption within the Premises (including HVAC) shall be submetered (at Landlord's cost) to the appropriate supplierTenant and shall be billed to Tenant without any xxxx-up by Landlord. Any air conditioning or heat required by Tenant at times other than during Business Hours shall be provided by a dedicated VAU HVAC unit and shall be controlled by Tenant and all electricity consumption associated therewith shall be separately submetered to Tenant. b) In addition, Tenant agrees to pay as Additional Rent its pro rata share of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance or other utility (other than water and all other utilities, materials and services furnished directly to Tenant or sewer) used generally at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are Property (i.e. not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share leaseable areas of the cost of such utilities and services and Building) or allocated to the Building in accordance with the Declaration. Tenant shall pay such amount to Landlord, as an item of additional rent, all bills for separately metered utility usage within ten thirty (1030) days after receipt thereof. All charges for repairs of Landlordany meters servicing the Premises shall be including in Operating Expenses. Tenant's statement or invoice therefor. Alternatively, Landlord may elect to include such cost use of electric energy in the definition Premises shall not at any time exceed the safe capacity of Building Costs any of the electric conductors and equipment in which event or otherwise serving the Premises. If Tenant shall pay Tenant's proportionate share require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such costs in a manner that the manner services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. c) Landlord shall replace light bulbs, tubes and ballasts for Building Standard lighting fixtures as set forth in Section 4.2the Minimum Standard Tenant Improvements when required in the Premises. After the second anniversary of the Commencement Date, the cost of replacement light bulbs, tubes, lamps, and ballasts, plus the costs incurred by Landlord for such replacement, shall be paid by Tenant as Additional Rent in accordance with Landlord's then-current schedule of costs and assessments therefor. d) Within the Common Facilities of the Building, Landlord shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis except for Building Holidays) after Business Hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) Common Facilities maintenance and snow and ice removal. Landlord shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit F, five days per week except for Building Holidays, after Business Hours. The cost of the services provided by Landlord pursuant to this subsection 12(c) shall be included as part of Operating Expenses. Any additional services requested by Tenant which are not provided to all the tenants of the Building shall be paid by Tenant in accordance with invoices therefor as Additional Rent but shall not be included as part of Operating Expenses. e) Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderan abatement of rent. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordnot be responsible for providing any services not specifically provided for in this Lease. Notwithstanding the foregoing, provided that Landlord shall interfere as little as reasonably practicable with in the event an interruption in utilities or services mat renders the Premises inaccessible or unusable for the normal conduct of Tenant's business shall continue for a period in the Premises. Notwithstanding the foregoing, if as a result excess of the actions two (2) business days (i.e. Monday through Friday) following notice of such interruption to Landlord, its authorized agents or employees, for more than three (3) consecutive then all rent under this Lease shall be abated commencing on the third business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion day of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated interruption and continuing until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services are again available and Landlord provides substitute services reasonably suitable the Premises is again accessible and tenantable for the normal conduct of Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasebusiness.

Utilities and Services. Tenant shall pay promptlyarrange for all telephone, directly to the appropriate supplier, all charges for water, gas, electricity, sewerjanitorial services, heat, light, and other power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant which it shall require in connection with its use or occupancy of the Premises or used by Tenant in, on or about and shall pay for the Premises during the Termsame, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. [In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of Section 9 above.] Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the Premises. If any of the foregoing utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to a reasonable proportion, as determined by Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice thereforall charges jointly serving the Premises and other premises. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. [Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from nor shall the Base Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable equipment used in connection with the conduct furnishing of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result any of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential foregoing utilities and building services, such as fire protection (b) failure to furnish or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of delay in furnishing any such utilities or services and for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Real Property. Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted entitled to cooperate voluntarily and resolved by JAMS arbitration pursuant in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption.] The obligation to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which make services available hereunder shall be governed by subject to the provisions limitations of Article XI of the Leaseany such voluntary, reasonable program.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten twenty (1020) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant's "after hours" usage of each HVAC unit servicing the Premises. "After hours" shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and shall be determined based upon the operation of the applicable HVAC unit during each month on a "non-cumulative" basis (without regard to Tenant's usage or nonusage of said unit during other months during the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord, provided . Tenant acknowledges that the costs incurred by Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice related to Landlord there is no HVAC or electricity services providing above-standard utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs Costs, in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall shall, at all reasonable times times, have free access to all electrical and mechanical installations of Landlord, ; provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-air conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant Except as otherwise provided in the Addendum to this Sublease, Sublessor, at Sublessor’s expense, will provide ordinary and customary amounts and quantities of water, and janitorial services (5 days per week), sewer, gas, trash collection, and interior window washing to the Premises. If Subtenant’s use of water, sewer and/or other utilities exceeds ordinary and customary usage levels, then Subtenant shall pay promptlySublessor the actual reasonable cost of such excess (determined in Sublessor’s reasonable discretion). Except for Sublessor’s obligations set forth above, directly Subtenant shall make all arrangements for and pay the cost of all utilities and services furnished to the appropriate supplierPremises or used by Subtenant. Sublessor shall not be liable for failure to furnish any utilities or services to the Premises when such failure results from causes beyond Sublessor’s reasonable control, all charges for and such failure shall neither be deemed and actual or constructive eviction, nor release Subtenant from its obligations under this Sublease, including without limitation, Subtenant’s obligation to pay Rental. If Sublessor constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting solely from Subtenant’s changed or increased utility requirements, Subtenant shall on demand promptly pay to Sublessor the total cost of such items. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises reduction of automobile emissions, Sublessor, at its reasonable discretion, may comply with such mandatory controls or used by Tenant involuntary guidelines and, on or about the Premises during the Termaccordingly, together with any taxes thereonrequire Subtenant to so comply. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord Sublessor shall not be liable for damages to persons or otherwise property for any failure or interruption of mandatory reduction, nor shall such mandatory reduction in any utility or other service furnished to the Premises, and no such failure or interruption shall way be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if construed as a result partial eviction of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by TenantSubtenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be cause an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage torent, or destruction operate to release Subtenant from any of the Premises, which shall be governed by the provisions of Article XI of the LeaseSubtenant’s obligations under this Sublease.

Utilities and Services. 16.1. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. To the extent permitted by the local utilities, all utilities serving the Premises shall be separately metered. All accounts for separately metered utilities shall be in Tenant’s name, and Tenant shall be responsible for paying for such utilities directly to the provider thereof. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant's proportionate share ’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such utilities and services and metering equipment, which cost shall be paid by Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Additional Rent. 16.2. Landlord shall not be liable for damages for, nor shall any eviction of Tenant result from the failure to furnish any such utility or otherwise for any service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or interruption other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence to furnish any such utility or other service (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the PremisesPremises during or, and no such failure if Tenant occupies the Premises after the expiration or interruption earlier termination of the Term, after the Term. 16.4. Tenant shall not, without Landlord’s prior written consent (not to be deemed an eviction unreasonably withheld, conditioned or entitle Tenant to terminate this Lease or withhold or xxxxx delayed), use any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business device in the Premises. Notwithstanding Premises (including, without limitation, data processing machines) that will in any way (a) increase the foregoingamount of ventilation, if as a result air exchange, gas, steam, electricity or water beyond the existing capacity of the actions of Landlord, its authorized agents Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or employees, supplied for more than three the use set forth in Section 2.8 or (3b) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion exceed Tenant’s Pro Rata Share of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent Building’s capacity to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of provide such utilities or services. 16.5. If Tenant shall require utilities or services and Landlord provides substitute services reasonably suitable in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant's purposes, as for example, bringing in portable air-conditioning equipment’s equipment or extended hours of business operations, then there Tenant shall first procure Landlord’s consent (not to be an abatement of Basic Rent. Any disputes concerning unreasonably withheld, conditioned or delayed) for the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premisesuse thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall be governed by pay as Additional Rent an amount equal to the provisions cost of Article XI of the Leaseproviding such excess utilities and services.

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance is not in default beyond any applicable grace and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantcure period hereunder, Landlord shall make a reasonable determination of Tenant's proportionate share furnish, or cause to be furnished to the Premises, the utility service and other services described in Exhibit "D" attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements, which Landlord may from time to time, prescribe for the use of the cost of such utilities and services described herein and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Exhibit "D". Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant, or its assignees. subtenants, employees, or their respective invitees, licensees, agents or other service furnished representatives to comply with such regulations and requirements. (c) Landlord reserves the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall right at all reasonable times have free access to all separately meter electrical and mechanical installations of Landlord, service provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a any portion of the Premises, and in such event Tenant shall directly pay such electric service bills to the utility provider and such costs shall not be part of Operating Costs. If Tenant requires utility service or other services in quantities greater than, at times other than or of a type or quality different than that generally furnished by Landlord pursuant to Exhibit "D" Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord's charge for such an interruption of other essential utilities and building additional or different utility service or services; provided, however, it in Landlord's judgment, such as fire protection excess or water, so that all or a portion of the Premises different service cannot be used furnished unless additional risers, conduits, feeders, switchboards and/or other facilities are installed in the Building, or otherwise are not then being provided to other tenants in the Project (at the rate or level requested by Tenant), the provision of such additional or different services shall be subject to Landlord's nondiscriminatory requirements and conditions; provided, further, however, that in no case shall Landlord have any obligation to provide such additional or different utility or other services if (i) the same is not generally available in first class office buildings in the area of the Project, (ii) in the case where additional risers, conduits, feeders, switchboards and/or other appurtenances would be required to be installed in the Building to provide such service, (A) the installation, maintenance or use of such facilities is not permitted under applicable Project financing documents, Law or insurance regulations, could result in permanent damage or injury to the Building or Building systems, could create a dangerous or hazardous condition or disturb or interfere with the use, occupancy or quiet enjoyment of other tenants or otherwise adversely affect the income stream, financeability, reputation or value of the Project, (B) Tenant shall not commit in advance to bear the cost (and to provide security satisfactory to Landlord for performance of such obligation) of installation, use, maintenance, repair and removal of such facilities, or (C) Landlord determines in good faith that installation, operation, maintenance and/or removal of such facilities is otherwise infeasible under the circumstances. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, then Tenantfurnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such terms and conditions as shall be reasonably determined by Landlord, including payment of Landlord's Basic Rent (Building-standard charge therefor. In the case of any additional utilities or an equitable portion services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of such Basic Rent additional utilities or services. The cost of installation, maintenance and repair of such system shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit "D" for any reason, including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the extent that less than all Project, strikes, lockouts or other labor disturbances or labor disputes of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantany character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord's reasonable control; provided, however, that if Landlord Tenant's use and occupancy of the Premises is diligently pursuing materially disrupted by reason of the repair failure of such utilities or services and services, then Landlord provides substitute services reasonably suitable for shall xxxxx Tenant's purposesRent in proportion to the disruption, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentbut only if and to the extent that Landlord actually receives rental loss insurance proceeds therefor. Any disputes concerning the foregoing Landlord shall be submitted entitled to and resolved by JAMS arbitration pursuant cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to Section 22.7 of perform any covenant or agreement under this Lease. The foregoing provisions In the event of any failure, stoppage or interruption thereof Landlord shall not apply in case of damage to, use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or destruction fitness of the Building's ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant or for any other purpose. (e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit "D") for utilities and services; provided such modifications do not materially disrupt Tenants operations at the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 19.1 Tenant shall pay promptlyto Landlord, directly each month as Additional Rent, the Electric Payment Amount. The Electric Payment Amount shall be increased to the appropriate supplierextent that Tenant’s usage or the cost to Landlord of providing electricity increases over the Base Year. In addition, and notwithstanding anything in this Section 19 to the contrary, to the extent (a) the same exceed the Base Year costs, (b) the same are incurred for Tenant’s activities in the Premises outside of Business Hours or (c) Tenant is otherwise liable therefor pursuant to this Section 19, Tenant shall pay for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance heat and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in(provided that light and power are included in the Electric Payment amount, on or about as the Premises during the Termsame may be increased pursuant to this lease), together with any fees, surcharges and taxes thereonthereon (each a “Utility” collectively, the “Utilities”). If any utilities or services are such Utility is not separately metered or assessed to Tenant, Landlord to the extent the same exceed the Base Year costs, Tenant shall make pay a reasonable determination proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant's proportionate share ’s Operating Expense Obligation or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. 19.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from the failure to furnish any such utility or service, whether or not such failure is caused by accident; breakage; repair; force of nature; act of God; act of terrorism; strike, lockout or other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any such utility or service (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 19.3 Tenant shall pay for, prior to delinquency of payment therefor, any Utilities and services that may be furnished to the Premises during (to the extent Tenant is liable therefor under this Section 19) or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 19.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.2 or (b) exceed Tenant’s Pro Rata Share of the capacity to provide such utilities and or services. 19.5 If Tenant shall require Utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount excess utilities and services. 19.6 Utilities and services provided by Landlord to Landlordthe Premises shall be paid by Tenant directly to the supplier of such Utility or service, except as this Lease expressly provides. 19.7 Landlord shall provide water in Common Areas for lavatory purposes only; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as an item shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of additional rentthe reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 19.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. 19.9 Subject to the provisions of this Article 19, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Except for electric energy required to operate motors on the air handlers providing HVAC (the “HVAC Electric”), such electric energy shall be furnished through a meter or meters and related equipment, installed, serviced, maintained, monitored, and as appropriate from time to time upgraded by Landlord at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay for electric energy (for which it is liable for payment under this Section 19) in accordance with Section 19.1 and Article 51 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises, excluding HVAC Electric (“Basic Electric”) shall be 105% of Landlord's statement ’s cost including, without limitation, those charges applicable to or invoice thereforcomputed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to Landlord by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. AlternativelyTenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From, time to time during the Term of this lease, Landlord may elect to include may, in its sole discretion, install or eliminate, or increase or reduce the number of, such cost in meters or vary the definition portions of Building Costs in the Premises which event Tenant shall pay Tenant's proportionate share they serve or replace any or all of such costs in meters. 19.10 If pursuant to any Applicable Laws, the manner set forth in charges to Tenant pursuant to Section 4.2. 19.9 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor, as additional rent for the use and maintenance of the electric distribution system of the Building. 19.11 Landlord shall not be liable for damages or otherwise in any event to Tenant for any failure or interruption defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electric energy or for any other service furnished reason not attributable solely to Landlord’s willful misconduct or gross negligence. 19.12 Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and no Tenant shall pay to Landlord or its designated contractor upon demand the then established charges therefor of Landlord or its designated contractor, as the case may be. Tenant may elect, by written notice to Landlord, to furnish and install such failure replacement lighting tubes, lamps, bulbs and ballasts. 19.13 Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or interruption otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building’s distribution of electricity via the Building’s electric system, Tenant shall not, without Landlord’s prior consent in each instance (which shall not be unreasonably withheld, based upon availability of electric energy in the Building as allocated by Landlord to various areas of the Building) connect any fixtures, appliances or equipment (other than normal business machines) to the Building’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables, or other equipment required therefor shall be deemed an eviction or entitle provided by Landlord and the cost thereof shall be paid by Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderLandlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of the Lease). Landlord shall at all reasonable times have free access the right to all electrical and mechanical installations require Tenant to pay sums on account of such cost prior to the installation of any such risers or equipment. 19.14 If required by any Applicable Laws, Landlord, provided upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be released from any liability under this Lease, except that as of the date of such discontinuance, Tenant’s obligation to pay Landlord Additional Charges under Section 19.9 for electric energy thereafter supplied to the Premises shall cease. As of such date, Landlord shall interfere as little as reasonably practicable with permit Tenant to receive electric energy directly from the conduct public utility company supplying electric energy to the Project, and Tenant shall pay all costs and expenses of Tenant's business in the Premisesobtaining such direct electrical service. Notwithstanding the foregoing, if as a result Such electric energy may be furnished to Tenant by means of the actions of Landlordthen existing Building system feeders, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities risers and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent wiring to the extent that less than all the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expense, amortized on a straight line basis over the useful life of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesitems in question, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved reasonably determined by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseLandlord).

Utilities and Services. Landlord shall (a) furnish heat and ---------------------- air-conditioning to the Premises, as provided in the Rules and Regulations; (b) furnish water for the intended use of occupants of the Building; (c) provide janitor service for the Premises and elevator service for the Building to the extent provided in the Rules and Regulations; and (d) provide cleaning service for the interior and exterior of Tenant's windows of a scope and frequency determined by Landlord. Replacement of lamps, bulbs, tubes, starters and ballasts in the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Landlord shall have the exclusive right to attend to such replacement, and its charges therefor shall be reasonable. Landlord may adopt a system of relamping and reballasting periodically on a group basis. If Landlord elects to make available to tenants in the Building other services or supplies including but not limited to those services set forth in Paragraph 26 of the Rules and Regulations, which shall benefit all tenants or which Landlord could not provide efficiently if certain tenants refused to obtain it (such as piped-in music), or arranges a master contract therefor, Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's its proportionate share of the cost expense. It Tenant wishes to obtain any of such utilities services outside the normal business days and services hours for such services, the, if the service desired is available, special arrangements must be made with Landlord, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include then standard charge for any such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2additional services so furnished. Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise for any failure or reduction of rental by reason of interruption of Landlord's failure to furnish any utility of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other service furnished labor disputes of any character, or by any other similar or dissimilar cause beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for loss of, or injury to, property or person, however occurring through or in connection with or incidental to the furnishing of, interruption of or a failure to furnish any of the foregoing, including documents, files or other property damaged, destroyed or lost through acts or omissions of the personnel performing janitorial or cleaning services. Any services, other than those agreed herein to be provided by Landlord, which are consumed on the Premises, and no such failure or interruption shall be deemed an eviction or entitle paid for by Tenant. Tenant shall have access to terminate the Premises Seven (7) days per week, Twenty-Four (24) hours per day. Anything in this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoingcontrary notwithstanding, if as a result the stoppage of the actions of Landlord, its authorized agents or employees, services which Landlord is obligated to provide for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a Tenant causes any portion of the Premises cannot be used to become unusable by TenantTenant for more than Five (5) consecutive business days, then Tenant's Basic Rent (or an equitable and in that event Tenant shall be entitled to a pro rata abatement of rent as to such unusable portion of such Basic Rent to the extent that less than all of the Premises commencing with the sixth (6/th/) day that the same are affected) shall thereafter be abated until the Premises are again usable by Tenant; unusable, provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an entitled to any abatement of Basic Rent. Any disputes concerning rent due to unusability (a) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees or (b) where Tenant requests Landlord to make a decoration, alteration, improvement, or addition or (c) where the foregoing shall be submitted repair in question or the services in question are those which Tenant is obligated to and resolved by JAMS arbitration pursuant to Section 22.7 make or furnish under any of the provisions of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. (ii) During the Rent Term Landlord agrees to furnish to Tenant shall annually an itemized a. Tenant agrees to pay promptly, directly for all utility and statement in reasonable detail setting forth the total costs other services and materials rendered or furnished to the appropriate supplierreferred to in subparagraphs (a), all charges (b) and (c) above for each Premises, including, but not limited to, heat, water, gas, calendar year. Based on said itemized statement Landlord electricity, sewer, heat, lighttelephone, power, telephonetrash removal, refuse pickupgarbage and shall make adjustments for underpayment of said expenses, janitorial serviceother waste removal, interior landscape cleaning, maintenance and all other utilitiesjanitorial which underpayment Tenant shall pay with Tenant’s next services, materials sewer rent, sewage treatment facility charges, monthly payment of said costs, and services furnished directly to Tenant or for overpayments of said drainage fees, street cleaning fees and the Premises or used by Tenant in, on or about the Premises during the Termlike, together with any taxes thereon. If any utilities or services are not separately metered or assessed to costs, which overpayment shall be credited against Tenant, Landlord shall make a reasonable determination of Tenant's proportionate ’s its share of the cost all taxes and governmental charges levied on next monthly payment of said costs. such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice thereforutilities. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Xxxxxx Bedding\2012-12-3 HDI Lease b. Landlord shall not be liable to Tenant for damages Tenant shall not make any alterations to the any interruption in service of water, electricity, heating, air Premises without Landlord’s prior written consent. Any conditioning or otherwise for any failure or interruption other utilities and services caused by an alterations made shall remain on and be surrendered with unavoidable delay, by the making of any utility necessary repairs the Premises on expiration or other service furnished termination of this Lease, or improvements, or by any cause beyond Landlord’s except that Landlord can elect within twenty-five (25) days reasonable control. before expiration of this Lease, or upon termination thereof, to require Tenant to remove any alterations that Tenant has c. Tenant agrees that it will not install any made to the Premises. If Landlord so elects, Tenant, at its equipment which will exceed or overload the capacity of any expense, shall restore the Premises to the original condition, utility facilities and no that if any equipment installed by Tenant or to such failure or interruption other condition as agreed between the parities, shall require additional utility facilities, the same shall be deemed an eviction before the last day of this Lease, or entitle Tenant within thirty (30) days installed at Tenant’s expense in accordance with plans and after notice of election is given, whichever is later. specifications to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of be approved in writing by Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of Tenant shall have the actions of Landlord, right to connect its authorized agents or employees, for more than three (3) consecutive business days following written notice equipment to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.wastewater and

Utilities and Services. Tenant Buildings and Site. (a) Landlord shall pay promptlyprovide site exterior lighting (b) Landlord, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed at no expense to Tenant, Landlord shall make maintain the parking area adjacent to the Buildings including associated landscaped and parking areas and the access ways thereto, in a reasonable determination clean and orderly condition, and shall replace any broken plate glass windows or doors in the Buildings, unless such breakage is caused by Tenant’s or its agents’, employees’, customers’ or invitees’ improper acts or misuse of Tenant's proportionate share of the Premises, in which case Tenant will pay the cost of repair of any such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2damage. Landlord shall not be liable liable, however, for damages either the failure, or otherwise delay, to furnish any of the services or utilities specified in this Paragraph 8, or the curtailment of such services or utilities, when such failure or curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs or improvements to Premises, or to the Buildings, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Landlord is not responsible for any failure maintenance of the Greenhouse. Notwithstanding the foregoing or interruption anything to the contrary contained in this Lease (but subject to the last sentence of this subsection (b)), Tenant shall cease to occupy, and shall not in fact use, any Premises located in a Building because such Premises have become unsuitable for Tenant’s use as a consequence of a cessation of utilities or services not caused by Tenant or any of its agents, employees or contractors for a period exceeding five (5) consecutive days, or the presence of any utility Hazardous Materials not introduced to the Office Project by Tenant or any of Tenant’s employees, agents, contractors or invitees that shall have a material and adverse effect on Tenant’s ability to occupy its Premises in the relevant Building, then Tenant shall be entitled to an abatement of all rent payable hereunder for so long as Tenant does not in fact use the relevant Premises because the Premises have become unsuitable for Tenant’s use, and Monthly Base Rent shall be abated based on the proportion that the Premises so affected bears to the total Premises leased hereby. If such interference cannot be corrected or the damage resulting therefrom repaired so that the entire Premises will be reasonably suitable for Tenant’s use within one hundred twenty (120) days after the occurrence of such event and Tenant does not in fact use the entire Premises for the conduct of its business during the entirety of such period, then Tenant also shall be entitled, at the end of such one hundred twenty (120) day period for a period of ten (10) business days hereafter to terminate this Lease (and receive a full refund and return of its deposits and any prepaid rent) by delivery of written notice of termination to Landlord, unless the interfering event is abated prior to the date Tenant gives notice. Any casualty or damage to the Premises shall be governed by Paragraph 20 hereof. (c) [Intentionally Deleted]. (d) Subject to applicable laws, Landlord will provide reasonable amounts of water for the uses contemplated at the Premises, provided Tenant shall pay the costs of water/sewer for the 1530 Premises, which shall be separately metered. (e) Tenant shall pay its own janitorial, gas and electricity costs for the Premises, and Landlord shall bear no responsibility to supply such utilities or services, other service furnished than water as noted in subsection (d), above. All such utilities shall be separately metered to one or more portions of the Premises. Tenant shall cause the Premises to be cleaned with sufficient frequency to preserve the neat, clean appearance of the Premises. (f) Landlord shall provide Tenant with keys to the Premises, and no such failure or interruption shall be deemed an eviction or entitle otherwise provide Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free with access to all electrical and mechanical installations of Landlordthe Premises twenty four (24) hours per day, provided that Landlord shall interfere as little seven (7) days per week, subject to any temporary closure as reasonably practicable with required for Landlord to carry out its repair obligations hereunder, the conduct effect of Tenant's business casualty, and disaster, riot, public disturbance or other cause prevalent in the Premises. Notwithstanding the foregoing, if as a result area of the actions Premises that shall result in closure of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion similar buildings located in the area of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Provided that Tenant shall pay promptlyis not in default under any of the material terms, directly to the appropriate suppliercovenants, all charges for waterconditions, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant provisions or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantagreements of this Lease, Landlord shall make a reasonable determination of Tenant's proportionate share of will provide the cost of such utilities following services: (a) Maintain normal and services usual Building business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. and Tenant shall pay such amount on Saturday from 8:00 a.m. to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, noon; Sundays and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantholidays excepted; provided, however, that if Landlord is diligently pursuing Tenant shall have access to the repair Building 24 hours a day, 7 days a week. (b) Furnish utilities to provide for lighting, convenience power, and heat and air conditioning capable of such utilities or services maintaining a temperature in accordance with the Washington Energy Code. Tenant's electrical consumption shall be monitored and Landlord provides substitute services reasonably suitable billed to Tenant with reference to zones within the Building and meters for Tenant's purposesconsumption. (c) Provide non-attended passenger elevator facilities during all working days (Saturday, as for example, bringing Sunday and holidays one elevator subject to call) (if applicable). (d) Provide janitorial service similar to that furnished in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentcomparable general office space within the general area. Any disputes concerning the foregoing and all additional janitorial service desired by Tenant shall be submitted to and resolved contracted for by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toTenant directly with Landlord's janitorial agent, or destruction a janitorial agent chosen by Tenant and subject to Landlord's reasonable approval, and the cost and payment thereof shall be Tenant's responsibility. (e) Make all normal repairs to the Premises, excluding repairs to or any special treatment of walls, floors or ceilings made by or at the request of Tenant and excluding repairs to any fixtures or other improvements installed or made by or at the request of Tenant, including any plumbing fixtures in the Premises. In the event any repairs are required because of any negligent or reckless act or omission of Tenant, its agents, employees, customers, or invitees, Landlord may make such repairs and add the cost thereof to the next installment of rent. (f) Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord. (g) Maintain the foundations, roof and all structural portions of the Building (subject to the reimbursement limitations by Tenant under Section 4). (h) Maintain the Building and Real Property in compliance with all governmental codes, rules and regulations. (i) It is understood that Landlord does not warrant that any of the services referred to above will be free from interruption by virtue of a strike or a labor trouble or any other cause whatsoever. Such interruption of service shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises, or any part thereof, nor shall it render Landlord liable to Tenant for damages, by abatement or reduction of rent or otherwise, nor shall it relieve Tenant from performance of Tenant's obligations under this Lease, nor shall Tenant be relieved from the performance of any covenant or agreement in this Lease because of such failure or interruption. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air-conditioning, and electrical systems, when necessary, by reason of accident or emergency, or for repairs, alterations or improvements, which are in the reasonable judgment of Landlord desirable or necessary, until said repairs alterations or improvements shall have been completed; provided, Landlord shall use its good faith efforts to minimize interruption to Tenant's business operations. (j) To the extent it is required, Landlord shall be governed by responsible for complying with the provisions Americans with Disabilities Act for the Building, common areas, parking lot and the restrooms on the second floor (as such exist on the date of Article XI Lease execution). (k) Tenant shall be entitled to use the common showers in the One Newport Building free of charge, and shall also be entitled to use all the common tenant amenities currently available or to be built throughout the entire Newport Corporate Center for the benefit of the commercial tenants. (l) Payment for all services rendered under this Section shall be in accordance with Section 4 of this Lease.

Utilities and Services. Tenant shall pay promptlyfurnish, at its cost, any and all utilities or services necessary or appropriate for Tenant's use and enjoyment of the Premises. Tenant shall install separate utility meters at the Premises and, when permitted by serving utilities, Tenant shall be responsible directly to the appropriate supplier, serving utilities for all charges utilities required for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share use of the cost of Premises. Tenant agrees to promptly pay for all such utilities and services and metered utilities. Tenant shall pay such amount to Landlordnot: (a) connect or use any electrical equipment that exceeds the capacity of the Building electrical system; or (b) connect any apparatus, as an item of additional rent, within ten (10) days after receipt of Landlord's statement machine or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs device through electrical outlets except in the manner set forth in Section 4.2. Landlord shall not for which such outlets are designed, except for such modifications as may be liable for damages or otherwise shown on the Approved Plans and for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall modifications at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business sole cost as are reasonably approved in writing in advance by Authority. [Authority hereby agrees to furnish [describe utilities] related to Tenant’s use of the Premises. Notwithstanding Tenant shall promptly pay to Authority the foregoing, if amount of Three Hundred and No/100 Dollars ($300.00) per month for Tenant’s utility usage (“Utility Fee”). The Utility Fee shall be an Additional Charge and shall be payable to Authority at the same place and in the same manner as a result the Base Rent is payable. Tenant shall not: (a) connect or use any electrical equipment that exceeds the capacity of the actions Building electrical system; or (b) connect any apparatus, machine or device through electrical outlets except in the manner for which such outlets are designed, except for such modifications as may be shown on the Approved Plans and for any other such modifications at Tenant's sole cost as are reasonably approved in writing in advance by Authority. On each Adjustment Date, the Utility Fee payable by Tenant pursuant to this section shall be adjusted by an increase of Landlord, its authorized agents or employees, for more than three percent (3%) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent Utility Fee paid immediately prior to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseAdjustment Date.]

Utilities and Services. Landlord agrees to furnish, or cause to be furnished, to the Premises the utilities and services described in EXHIBIT F attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Section 29. Except as provided EXHIBIT F and in this Section 29, Tenant shall pay promptly, directly to the appropriate supplier, arrange for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant which it shall require in connection with its use or occupancy of the Premises or used by Tenant in, on or about and shall pay for the Premises during the Termsame, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. Without limitation, but subject to Landlord's performance of Landlord's Work, Tenant shall have sole rexxxxxxxxlity for arranging for the provision of electricity and gas to the Premises from the applicable utility company, and Landlord shall have no responsibility to provide the same. As part of the Tenant Improvements, separate meters shall be installed in the Premises, or elsewhere in the Building as Landlord shall elect, to measure the electricity and gas, respectively, consumed in the Premises and by the HVAC equipment serving the Premises, and Tenant shall pay the costs of such electricity and gas directly to the utility providers. If at any time during the Term such direct arrangements shall not be permitted by Legal Requirements or if. Landlord shall otherwise require, Tenant, at its expense (or, at Landlord election, Landlord, at Tenant's expense) shall install a submeter to 30. measure such electrical consumption and Tenant shall pay the costs of such electrical consumption to Landlord. In any case, the costs of such meter or submeter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid for by Tenant (except to the extent Landlord's Contribution pursuant to EXHIBIT B is utilized for the same). In the case of all water and other utilities or services which are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to a reasonable proportion, as reasonably determined by Landlord, as an item of additional rent, within ten (10) days after receipt all charges of Landlord's statement or invoice thereforproviding the same to the Premises and other premises. Alternatively, Landlord may elect estimate all charges payable by Tenant to include Landlord pursuant to this Section 29 and require Tenant to pay the same in monthly installments based on such cost estimates in the definition of Building Costs in which event Tenant same manner as provided pursuant to Section 5.c. with respect to Operating Expenses. Such charges and payments shall pay Tenant's proportionate share of such costs also be subject to annual reconciliation in the same manner set forth in as provided pursuant to Section 4.25.c. with respect to Operating Expenses. Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from, nor shall the Base Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of, nor shall any constructive eviction of Tenant shall result from, (a) the installation, use or interruption of use of any utility equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service furnished to or utility whatsoever serving the PremisesPremises or the Real Property. In the event of any failure, and no such failure stoppage or interruption shall be deemed an eviction in any utilities or entitle Tenant services which Landlord is obligated to terminate this Lease or withhold or xxxxx any rent due hereunder. provide pursuant to EXHIBIT F, Landlord shall at all reasonable times have free access use its diligent efforts to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with cause the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair provision of such utilities or services and to be resumed. Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted entitled to cooperate voluntarily and resolved by JAMS arbitration pursuant in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption. Landlord's obligation to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which make utilities and services available hereunder shall be governed by subject to the provisions limitations of Article XI of the Leaseany such voluntary, reasonable program.

Utilities and Services. Tenant 16.1 Subject to Force Majeure (as defined below) and the other provisions of this Article 16, Landlord shall pay promptlyprovide, directly or cause to be provided, to the appropriate supplier, all charges for Premises during Business Hours water, gas, electricityheat, sewerlight, power, HVAC, de-ionized water, and elevator service sufficient for the Permitted Use. Except as otherwise expressly provided in this Lease, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Electric power and CFM/HVAC supplied to the Premises will be separately metered (with meters installed by Landlord at Landlord’s sole cost, and Tenant shall pay the costs for such electric power and CFM/HVAC supplied to the Premises as Additional Rent. If any utilities or services are other such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at Landlord’s cost, install metering equipment to measure Tenant’s consumption of such other utilities. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and utilities. Landlord will not provide any janitorial services and to the Premises. Tenant shall separately contract and pay such amount to Landlord, for janitorial services for the Premises. 16.2 Except as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost otherwise stated in the definition last four sentences of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in this Section 4.2. 16.2, Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesapplicable time based on historic meteorological records. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the actions of Landlord, its authorized agents or employeesif, for more than three five (35) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is no caused in whole or in part by the action or inaction of a Tenant Party (as defined below)), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant's Basic ’s Base Rent and Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant's purposes’s continued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in supplying potable water or portable air-air conditioning equipment), then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing neither Base Rent nor Operating Expenses shall be submitted abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and resolved by JAMS arbitration Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to Section 22.7 this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Lease. The foregoing provisions Section shall not apply be Tenant’s sole recourse and remedy in case the event of damage to, an interruption of HVAC or destruction of other utilities to the Premises, which shall be governed by the provisions of Article XI of the Leaseincluding related to Section 16.8.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's Tenants proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Site Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “ after hours” usage of each W A C unit servicing the Premises. “After hours” shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and “after hours” usage shall be determined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord, provided . Tenant acknowledges that the costs incurred by Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice related to Landlord there is no HVAC or electricity services providing above-standard utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant (a) Lessee shall contract for and pay promptlyfor, directly to the appropriate supplier, telephone services and all charges for waterelectricity, gas, electricitywater, sewer, heat, light, power, telephone, refuse pickupheat and air conditioning service (subject to the terms of Paragraph 14(b) and (c) above), janitorial service, interior landscape maintenance refuse pick-up, sewer charges, and all other utilitiesutilities or services supplied to or consumed by Lessee, materials its agents, employees, contractors, and services furnished directly to Tenant or the Premises or used by Tenant in, invitees on or about the Premises. To the extent commercially reasonable to do so, Lessor shall cause, at its sole cost and expense, the Premises during to be separately metered for utilities. To the Term, together with extent any taxes thereon. If any of the foregoing utilities or services are not able to be separately metered or assessed charged to Tenantthe Premises, Landlord then Lessor shall make a reasonable determination of Tenant's proportionate share of the cost of contract for and pay for such utilities and services and Tenant Lessee shall pay such amount reimburse Lessor therefor pursuant to Landlord, Paragraph 4(e) as an item Operating Expense, subject to equitable adjustments for high consumption tenants made in Lessor’s reasonable discretion. (b) Lessor shall not be liable to Lessee for any interruption or failure of additional rentany utility services to the Building or the Premises unless caused by the negligence or willful acts or Lessor, within or Lessor’s employees, agents, or contractors, in which case if the Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or other services resulting from the negligence or willful acts of Lessor, Lessor’s employees, agents or contactors for ten (10) days after receipt consecutive days, then Lessee shall be entitled to an equitable abatement of Landlord's statement or invoice therefor. Alternatively, Landlord may elect rent to include such cost in the definition extent of Building Costs in which event Tenant the interference with Lessee’s use of the Premises occasioned thereby and rent shall pay Tenant's proportionate share xxxxx beginning on the date of such costs in interruption until service is restored. Except with respect to the manner set forth in Section 4.2. Landlord foregoing rental abatement, Lessee shall not be liable for damages or otherwise for any failure or interruption relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall make all repairs to the Premises, Property required to restore such services to the Premises and no such failure or interruption the cost thereof shall be deemed an eviction or entitle Tenant payable by Lessee pursuant to terminate this Lease or withhold or xxxxx any rent due hereunderParagraph. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if 5(e) as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisescurrent Operating Expense, or such as a capital improvement which is amortized over its useful life (together with interest thereon) as an interruption of other essential utilities and building services, such Operating Expense in accordance with generally accepted accounting principles as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing described in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseParagraph 5(b).

Utilities and Services. a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant shall agrees to pay promptly, directly to the appropriate supplier, as Additional Rent all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all heat or other utilities, materials and services furnished directly to Tenant or the Premises or utility used by Tenant in, on or about at the Premises during the Term, together with any taxes thereonPremises. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services A separate submeter has been installed and Tenant shall pay for the consumption of such amount to Landlordutilities based upon its metered usage. If no meter is installed, as an item Tenant shall pay its Proportionate Share of additional rent, any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. Notwithstanding anything to the contrary contained in this Lease, if necessary, Landlord shall upgrade the electric service to the Building in order to provide the Premises with 400 amps, which upgrade shall be done at Landlord's statement or invoice therefor. Alternativelysole cost and expense. b) Within the Common Facilities of the Building, Landlord may elect to include such cost shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in the definition of Building Costs in which event season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. Tenant shall pay Tenant's proportionate share be responsible for its Proportionate Share of the cost of such services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, in accordance with the janitorial specifications attached hereto as Exhibits F, and the costs in the manner of such service will be passed through to Tenant as set forth in Section 4.2. 6. c) Except as otherwise expressly provided herein, Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderan abatement of rent. Landlord shall not be responsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the contrary contained herein, in the event there is any failure or defect in service furnished to the Premises by Landlord's direct control (as opposed to a public service utility company) or Landlord determines to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Demised Premises, and Tenant shall be unable for at all reasonable times have free access least seventy-two (72) hours to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's operate its business in the Premises. Notwithstanding Premises in substantially the foregoingsame manner as such business was operated prior to such interruption, if as the Fixed Basic Rent and Additional Rent shall be reduced on a result per diem basis in their proportion in which the area of the actions untenantable portion of Landlordthe Premises (i.e., the portion of the Premises in which Tenant is unable to operate its authorized agents or employees, for more than three (3business in substantially the same manner as such business was operated prior to such interruption) consecutive business days following written notice bears to Landlord there is no HVAC or electricity services to all or a portion the total area of the Premises, or for each day subsequent to the aforesaid seventy-two (72) hour period that such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by remains unusable. If any such interruption continues for a period in excess of thirty (30) days, Tenant shall have the right to terminate this Lease upon notice to Landlord. Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent its agents, employees and licensees shall have access to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedpremises 24 hours per day, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease7 days per week.

Utilities and Services. 16.1 Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of monitoring such metering equipment (and if Landlord reasonably determines that Tenant is using a disproportionately large amount of utilities of the Building, then Landlord may also charge Tenant with the cost of purchasing and installing such metering equipment), which cost shall be paid by Tenant as Additional Rent. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times. 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such billings as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Xxxxxx uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services and utilities. Tenant shall pay such amount not be liable for the cost of utilities supplied to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect the Premises attributable to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in time period prior to the manner set forth in Section 4.2. Term Commencement Date. 16.3 Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by Force Majeure (as defined below) or, to the Premisesextent permitted by Applicable Laws, and no Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations covenant or agreement of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesthis Lease. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the actions of Landlord, its authorized agents or employeesif, for more than three seven (37) consecutive business days following written notice to Landlord there is no and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant's Basic Rent ’s Adjusted Share of Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8. 16.4 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Following Landlord’s written demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.5 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to provide such utilities or services. 16.6 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 16.7 Landlord shall provide water in the Common Area for lavatory and landscaping purposes only, which water shall be from the local municipal or similar source; provided, however, that if Landlord is diligently pursuing reasonably determines that Tenant requires, uses or consumes water provided to the repair of such utilities or services and Landlord provides substitute services reasonably suitable Common Area for Tenant's any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for exampleany of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.8 Landlord reserves the right to stop service of the elevator, bringing plumbing, ventilation, air conditioning and utility systems (a “Service Stoppage”), when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and, except as provided in portable air-Section 16.3, Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning equipmentor utility service when prevented from doing so by Force Majeure (as defined below) or, then there to the extent permitted by Applicable Laws, Landlord’s negligence. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic RentForce Majeure or, to the extent permitted by Applicable Laws, Xxxxxxxx’s negligence. Any disputes concerning Except in the foregoing case of emergencies (in which no notice shall be submitted required), Landlord shall endeavor to provide Tenant with no less than twenty-four (24) hours’ notice prior to any planned Service Stoppage (which notice (without limiting other methods permitted by this Lease) may be orally or by email to any Tenant contact for whom Landlord’s property management team has contact information). 16.9 Prior to the effectiveness hereof, Landlord installed a back-up 750 kW generator adjacent to the entrance to the underground parking facility (the “Generator”) and resolved connected the Generator to the Premises’ standby electrical panels. Tenant shall be entitled to use its proportionate share (after deducting any power from the Generator required for the Common Area) of power from the Generator on a non-exclusive basis with other tenants in the Building. The cost of maintaining, repairing and replacing the Generator shall constitute Operating Expenses. Landlord expressly disclaims any warranties with regard to the Generator or the installation thereof, including any warranty of merchantability or fitness for a particular purpose. Landlord shall maintain the Generator and any equipment connecting the Generator to the Premises’ standby electrical panels in good working condition, provided, however, that Tenant shall be solely responsible, at Tenant’s sole cost and expense, (and Landlord shall not be liable) for maintaining and operating the Premises’ standby electrical panels and the distribution of power from the Premises’ standby electrical panels throughout the Premises, and provided further, that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance of the Generator that is an obligation of Landlord unless and except to the extent that Xxxxxxxx willfully fails to make such repairs or to perform such maintenance and such failure persists for an unreasonable time after Tenant provides Landlord with written notice of the need for such repairs or maintenance. Upon receipt of such written notice, Landlord shall promptly commence to cure such failure and shall diligently prosecute the same to completion in accordance with Section 31.13. Tenant shall be solely responsible, at Tenant’s sole cost and expense, (and Landlord shall not be liable) for maintaining and operating Tenant’s standby electrical panels and the distribution of power from Tenant’s standby electrical panels throughout the Premises. The provisions of Section 16.3 shall apply to the Generator. 16.10 For the Premises, Landlord shall (a) subject to Sections 18.1 and 18.2, maintain and operate the HVAC systems used for typical lab and office use only (“Base HVAC”) and (b) subject to Subsection 16.10(a), furnish HVAC as reasonably required (except as this Lease otherwise provides) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, every day during the Term, subject to casualty, eminent domain or as otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services. 16.11 For any utilities serving the Premises for which Tenant is billed directly by JAMS arbitration pursuant such utility provider, Xxxxxx agrees to furnish to Landlord, within thirty (30) days after Landlord’s request, any invoices or statements for such utilities, authorization to allow Landlord to access Tenant’s usage information necessary for Landlord to complete an ENERGY STAR® Statement of Performance (or similar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord; and Tenant shall comply with any other energy usage or consumption requirements required by Applicable Laws. Tenant shall retain records of utility usage at the Premises, including invoices and statements from the utility provider, for at least sixty (60) months, or such other period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In addition to the foregoing, Tenant shall comply with all Applicable Laws related to the disclosure and tracking of energy consumption at the Premises. The provisions of this Section 22.7 shall survive the expiration or earlier termination of this Lease. 16.12 As of the Execution Date, Landlord provides an autoclave and glass wash for the non-exclusive use of all Tenants of the Building within a Common Area of the Building (as the same may be modified by Landlord from time to time, the “Common Equipment”). The foregoing provisions cost of maintaining, repairing and replacing the Common Equipment shall not apply in case of damage to, or destruction constitute Operating Expenses. Tenant’s use of the PremisesCommon Equipment will be subject to such rules and regulations as Landlord may designate from time to time, which shall be governed by and Section 16.8 and the provisions first two sentences of Article XI Section 16.3 above will apply to Landlord’s provision of the LeaseCommon Equipment. Landlord reserves the right to modify or discontinue the Common Equipment provided at any time. Tenant acknowledges that any Common Equipment provided by Landlord is an amenity for tenants of the Building and is provided as a courtesy only. Landlord expressly disclaims any warranties with regard to the Common Equipment or the operation thereof, including any warranty of merchantability or fitness for a particular purpose. Landlord makes no representation or warranty that the Common Equipment is sufficient for Tenant’s intended purposes, and Tenant’s election to use the Common Equipment is at its sole discretion and risk.

Utilities and Services. Tenant (a) Sublessee shall pay promptly, for electricity provided to the Sublet Premises and to mechanical equipment serving the Sublet Premises based on usage shown on such sub-meter(s). Sublessor shall invoice Sublessee for its use of electricity on a monthly basis showing in reasonable detail the computation of charges for the prior month for electricity together with copies of applicable bills received by Sublessor from the utility providing electricity and Sublessee shall pay Sublessor or its designee for Sublessee’s use of electricity at rates no greater than the rates that Sublessee would have paid if metered directly to the appropriate supplierutility providing electricity to the Building. (b) Notwithstanding any provision of this Sublease to the contrary, all cleaning and janitorial service to the Sublet Premises shall be provided by Landlord in accordance with the Cleaning Specifications attached to the Prime Lease as Exhibit J thereto. (c) Sublessor agrees to provide at Sublessor’s expense (except for reimbursement of charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance issuance of access cards and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent except to the extent that less than all such charges are payable by Sublessee pursuant to Section 4 of this Sublease) the Premises are affected) security equipment and related services specified in Exhibit D hereto. Sublessee hereby acknowledges that such equipment is operated and/or monitored by a recognized third party service provider and that Sublessor’s sole responsibility shall thereafter be abated until to continue to engage a recognized third party service provider to operate and/or monitor such equipment. Subject to the Premises are again usable by Tenant; providedforegoing, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Sublessor shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to responsible for providing security and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case be responsible for the failure of damage toany security equipment and/or monitoring service. Sublessee hereby assumes all responsibility for the protection of Sublessee, or destruction its employees, agents, invitees and property from acts of third parties. Sublessee shall give Sublessor prompt written notice of the Premises, which shall be governed by the provisions failure of Article XI any security equipment or monitoring service provided hereunder upon Sublessee obtaining actual knowledge of the Leasesuch failure.

Utilities and Services. Tenant (a) Subtenant shall be entitled to all those services and utilities which Prime Landlord is required to provide under the terms of the Prime Lease. Subtenant shall look solely to the Prime Landlord for the provision of such services and utilities, and Sublandlord shall not be responsible for Prime Landlord’s failure to provide the same nor shall any such failure constitute an abrogation of any other terms or conditions of this Sublease. Subtenant shall pay promptly, 100% of Sublandlord’s charges for Building 3 utilities under the Prime Lease directly to Prime Landlord. To the appropriate supplier, all extent that Prime Landlord charges Sublandlord for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and any services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of increases the cost of such services or utilities and services and Tenant shall such charge or increase is due to Subtenant’s use of the Subleased Premises or such utilities or services, Subtenant agrees to pay such amount to Landlord, as an item of additional rent, within ten (10) days after the charges therefore promptly upon receipt of Landlord's statement or invoice therefor. AlternativelySublandlord’s xxxx. (b) Sublandlord and Subtenant acknowledge and agree that, Landlord may elect pursuant to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result Paragraph 11.2 of the actions Prime Lease, Sublandlord is entitled to a proportionate abatement of LandlordRent due under the Prime Lease if the Premises are rendered untenantable, its authorized agents in whole or employeesin part, for more than three a period of two (32) consecutive business days following written notice to (“Eligibility Period”) by the making of repairs, replacements or additions by Prime Landlord there is no HVAC or electricity that interrupt utility services to all the Premises. Sublandlord and Subtenant agree that if the Base Rent due under the Prime Lease is abated pursuant to the terms of Paragraph 11.2 of the Prime Lease, and the Subleased Premises are untenantable in whole or in part for a period equal to or greater than the “Eligibility Period”, then the Base Rent due hereunder shall also xxxxx in proportion to the rentable square footage of the Subleased Premises which is untenantable, bears to the total rentable square footage of the Subleased Premises, to the extent Sublandlord is similarly excused from the obligation to pay rent for such portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of Sublet Space under the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Prime Lease.

Utilities and Services. Tenant (a) Water and Sewer. Lessor shall furnish to Lessee water and sewer service to the Premises reasonably sufficient for drinking and lavatory use in connection with a school. Recognizing that water and service to the Premises is jointly metered, Lessee shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance Lessee’s Building A and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share B Proportionate Share (defined below) of the cost of such utilities water and services and Tenant shall pay such amount to Landlord, as an item of additional rent, sewer service within ten thirty (1030) days after following receipt of Landlord's statement or invoice thereforfrom Lessor. Alternatively, Landlord may elect to include such cost in the definition of As used herein “Lessee’s Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, A and no such failure or interruption B Proportionate Share” shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with determined by dividing the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result total occupied square footage of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used leased by TenantLessee during such period by the total occupied square footage of the Building and the adjacent building known as Building A, then Tenant's Basic Rent as calculated by Lessor or its property manager on a monthly basis. (or an equitable portion b) Trash and Electricity. Lessor shall furnish to Lessee electricity and trash removal service to the Premises. Recognizing that electricity is jointly metered and trash removal service is billed for the entire Building, Lessee shall pay Lessee’s Building B Proportionate Share of the cost of such Basic Rent to trash and electricity service within thirty(30) days following receipt of invoice from Lessor. As used herein “Building B Proportionate Share” shall be determined by dividing the extent that less than all total occupied square footage of the portion of the Premises are affectedleased by Lessee during such period by the total occupied square footage of the Building, as calculated by Lessor or its property manager on a monthly basis. (c) Gas. Lessee acknowledge that there is not currently gas service in the Building. In the event Lessor elects to obtain gas service for the Building in the future, such service will not be separately metered and Lessee shall thereafter be abated until pay Lessee’s Building B Proportionate Share of the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair cost of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.gas service within thirty

Utilities and Services. 15.1. Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies furnished promptly to Landlord after execution thereof, in customary form and substance for, and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) landscaping and irrigation systems, (e) roof coverings and drains, (f) clarifiers, (g) basic utility feeds to the perimeter of the Buildings; and (h) any other equipment reasonably required by Landlord. Notwithstanding the foregoing, in the event Tenant fails to maintain the contracts required under this Section 15.1 within one (1) business day after Landlord provides Tenant written notice of such failure, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the actual documented costs thereof. 15.2. Within sixty (60) days after the Execution Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall give Tenant a written estimate for such calendar year of the cost of utilities, if not separately metered (“Utility Costs”), insurance provided by Landlord (“Insurance Costs”). Tenant shall pay promptlysuch estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, directly Landlord shall furnish to Tenant a statement showing in reasonable detail the costs incurred by Landlord for Utility Costs and Insurance Costs for the Premises during such year (the “Annual Statement”), and Tenant shall pay to Landlord the costs incurred in excess of the payments previously made by Tenant within thirty (30) days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for Utility Costs and Insurance Costs for the Premises exceed Tenant’s obligation, such excess amount shall be credited by Landlord to the appropriate supplierRent or other charges next due and owing, provided that, if the Term has expired, Landlord shall remit such excess amount to Tenant. In the event Tenant disputes the amounts of any Annual Statement for the particular calendar year delivered by Landlord to Tenant and Tenant is not in Default hereunder, Tenant shall have the right, at Tenant’s cost, after reasonable notice to Landlord, to have Tenant’s authorized employees inspect, at Landlord’s office in San Diego County during normal business hours, Landlord’s books, records and supporting documents concerning the expenses set forth in such Annual Statement; provided, however, Tenant shall have no right to conduct such inspection, have an audit performed by the Accountant as described below, or object to or otherwise dispute the amount of the expenses set forth in any such Annual Statement unless Tenant notifies Landlord of such objection and dispute, completes such inspection, and has the Accountant commence and complete such audit within one hundred and eighty (180) days immediately following Landlord’s delivery of the particular Annual Statement in question (the “Review Period”); provided, further, that notwithstanding any such timely objection, dispute, inspection, and/or audit, and as a condition precedent to Tenant’s exercise of its right of objection, dispute, inspection and/or audit as set forth in this Section 15.2, Tenant shall not be permitted to withhold payment of, and Tenant shall timely pay to Landlord, the full amounts as required by the provisions of this Lease in accordance with such Annual Statement. However, such payment may be made under protest pending the outcome of any audit which may be performed by the Accountant as described below. In connection with any such inspection by Tenant, Landlord and Tenant shall reasonably cooperate with each other so that such inspection can be performed pursuant to a mutually acceptable schedule. If after such inspection and/or request for documentation, Tenant still disputes the amount of the expenses set forth in the Annual Statement, Tenant shall have the right, within the Review Period, to cause an independent certified public accountant selected by Tenant and compensated on a non-contingency fee basis (the “Accountant”) to complete an audit of Landlord’s books and records to determine the proper amount of the expenses incurred and amounts payable by Tenant for the calendar year which is the subject of such Annual Statement. Such audit by the Accountant shall be final and binding upon Landlord and Tenant. If such audit reveals that Landlord has over-charged Tenant, then within thirty (30) days after the results of such audit are made available to Landlord, Landlord shall reimburse to Tenant the amount of such over-charge. If the audit reveals that the Tenant was under-charged, then within thirty (30) days after the results of such audit are made available to Tenant, Tenant shall reimburse to Landlord the amount of such under-charge. Tenant agrees to pay the cost of such audit unless it is subsequently determined that Landlord’s original Annual Statement which was the subject of such audit overstated expenses by five percent (5%) or more of the actual expenses which were the subject of such audit. The payment by Tenant of any amounts pursuant to this Section 15.2 shall not preclude Tenant from questioning, during the Review Period, the correctness of the particular Annual Statement in question provided by Landlord, but the failure of Tenant to object thereto, conduct and complete its inspection and have the Accountant conduct the audit as described above prior to the expiration of the Review Period for such Annual Statement shall be conclusively deemed Tenant’s approval of the Annual Statement in question and the amount of expenses shown thereon. If following Tenant’s delivery to Landlord of a written request to make Landlord’s books and records regarding the expenses reasonably available to Tenant and/or the Accountant to conduct any such inspection and/or audit described above in this Section 15.2, Landlord fails to make Landlord’s books reasonably available for such purposes during Landlord’s normal business hours, and such failure continues for five (5) business days after Tenant notifies Landlord thereof, then the Review Period shall be extended one (1) day for each such additional day that Tenant and/or the Accountant, as the case may be, is so prevented from accessing such books and records. In connection with any inspection and/or audit conducted by Tenant pursuant to this Section 15.2, Tenant agrees to keep, and to cause all of Tenant’s employees and consultants and the Accountant to keep, all charges of Landlord’s books and records and the audit, and all information pertaining thereto and the results thereof, strictly confidential (except if required by any court to disclose such information or if such information is available from an inspection of public records). 15.3. Tenant shall make all arrangements for and pay for all water, sewer, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance telephone service and all any other utilities, materials and services furnished directly to service or utility Tenant or required at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure is caused by Force Majeure (as defined below) or interruption shall be deemed an eviction Landlord’s inability, despite the exercise of reasonable diligence, to furnish any such utility or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderservice. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with In the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion event of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedfailure, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an entitled to termination of this Lease, any abatement or reduction of Basic Rent. Any disputes concerning , or relief from the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 operation of any covenant or agreement of this Lease. The foregoing provisions Tenant shall not apply in case pay for, prior to delinquency of damage topayment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or destruction earlier termination of the PremisesTerm, after the Term. 15.4. Notwithstanding the foregoing and subject to Sections 14.3 and 31, if because of (i) any repair, maintenance, alteration, development or construction performed by Landlord on the Premises after the Commencement Date, which shall be governed by the provisions of Article XI substantially interferes with Tenant’s use of the Lease.Premises and which was not caused by Tenant, (ii) any material interference by Landlord with Tenant’s access to the Premises (including the parking facilities) that is not caused by

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant; provided, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and however, Tenant shall not be obligated to pay such amount directly for any utilities, water, gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc., to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of extent such costs in are billed to Tenant as Operating Expenses for the manner set forth in Section 4.2Project. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the negligent actions or omissions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's ’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of of, the Premises, which shall be he governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall The landlord must describe the services and/or utilities that the tenant(s) will be responsible to pay promptly, directly The landlord must describe the utility expenses that the landlord is willing to furnish (if any) Review the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a remaining portion of the Premises, or such an interruption of other essential utilities this section Step 5 – Titled Sections – Both parties must both read and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent agree to the extent that less than all of the Premises are affectedfollowing Titles. Submit any other required information contained within the listed titles, as follows: Tenant Further Agrees – The tenant(s) shall thereafter be abated until review and agree to this section and their respective subsections (a through g) Option Term – The landlord must submit a purchase option commencement date, -mm/dd/yyyy Submit an expiration date – mm/dd/yyyy Notice Required to Exercise Option – Review the Premises are again usable by Tenant; provided, however, information at the beginning of this section Option Consideration – Provide an amount for the non-refundable fee Purchase Price – The landlord must enter an agreed price for purchase The landlord must enter an amount that if Landlord is diligently pursuing the repair of such utilities or services landlord will credit toward (and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted deducted from) from the monthly rental to the purchase price of the property, upon closing) AND Exclusivity of Option Closing and resolved Settlement Financing Availability – (seller/landlord will not promise any type of financing) Financing Disclaimer Remedies Upon Default Commission Recording of Agreement Acknowledgements Timing Governing Law and Venue Option to Purchase Controlling Entire Agreement Step 6 – Signatures – Upon completion of by JAMS arbitration pursuant the the landlord and the Tenant(s) – Provide the following: The Seller/Landlord’s Signature(s) The Seller’s printed name(s) AND The Buyer/Tenant’s Signature(s) Buyer/Tenant’s printed name(s) AND Agent’s Signature Agent’s printed name AND The signature of one (1) witness Witness’ printed name The West Virginia Commercial Lease Agreement is a legal document that is used between a tenant and landlord to Section 22.7 design an agreement that is suitable to both parties. Commercial agreements have a tendency to be more complicated than a standard residential agreement. Therefore, it’s often recommended that both parties operate under the guidance of a knowledgeable attorney as the agreement is being created. If negotiations occur prior to applying signature(s) and under the guidance of an attorney, it often allows the lease, should it be renewed in the future, to allow expenditures to remain much more stable in the long run. This document will require the services of a notary public, once completed. When entering into any business venture, it's always safest for both parties to sign a contract in order to explicitly state all expectations. In terms of real estate, a lease agreement will protect you as a landlord so that you're not stuck with difficult tenants or unexpected costs at the end of the lease. Read the tips listed below to learn about how you can write a lease agreement.Familiarize yourself with your state's laws. Property management and real estate laws differ depending on what state -- and even city -- you live in. Research your region's laws by consulting a lawyer or contacting city hall [source: All Business].Write an explicit and easy-to-understand contract. Just because this Leaseis a legal document doesn't mean the language has to be fancy and confusing. Write a lease agreement that both parties will understand and abide by. This ensures that your terms are understood and abided by and that in the event of a dispute, your terms will hold up in court. There are free lease agreements available online. You can base your lease upon one of these agreements [source: Doc Stoc]Include all the stipulations that you require. The foregoing provisions shall not apply lease agreement can include a wide range of stipulations, including a pet policy, what installations can be made, who covers what repairs and penalties for late payments. The more specific you are, the less chance you have of facing disputes in case of damage to, or destruction the future [source: Xxxxxx].Include details regarding the deposit. One of the Premises, which shall be governed by most common disputes between landlords and tenants is the provisions of Article XI return of the Leasesecurity deposit. Clearly explain what damages will prevent the tenant from receiving his/her security deposit back at the end of the lease [source: All Business].Consult with an attorney. Before entering into a lease with a tenant, consult with a real-estate lawyer to ensure that your lease agreement is legally binding and complies with your state's laws. Though the lawyer may charge a fee for reviewing the contract, it will save you any money you may have lost by signing a poorly written agreement [source: All Business].

Utilities and Services. Landlord will furnish water and electricity to the Building at all times and will furnish heat and air conditioning, at building standard levels, during the normal Building hours as established by Landlord. Tenant shall pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance natural gas and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service water furnished to the Premises. If Tenant does not pay any of these charges directly, Tenant shall pay Landlord for such charges and the amount payable by Tenant will be based upon consumption as sub-metered to the Premises by Landlord, or if not sub-metered, upon an equitable allocation made by Landlord, which allocation will be binding absent manifest error. Tenant shall be responsible for paying, as additional rent, the monthly charges allocable to the Premises for the HYAC maintenance contracts entered into by Landlord from time to time. Any additional rent provided for in this Lease shall become due with the next monthly installment of Base Rent unless otherwise provided. Janitorial service for the Building’s common areas will be provided in accordance with the regular schedule of the Building, which schedule may change from time to time. Tenant shall provide Tenant’s own janitorial service for the Premises unless Landlord and Tenant otherwise agree in writing that Landlord will provide such service to Tenant as part of operating expenses for the Building. Tenant shall be responsible for, and no such failure promptly pay when due, any and all charges for utility services used in the Premises and for all other services required for Tenants use of the Premises (including without limitation, all data and telephone services). Tenant shall comply with all government laws or interruption regulations regarding the use or reduction of use of utilities on the Premises. Interruption of services or utilities shall not be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct disturbance of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion ’s use and possession of the Premises, render Landlord liable to Tenant for damages, or such an interruption relieve Tenant from performance of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of ’s obligations under this Lease. The foregoing provisions Landlord shall take all reasonable steps to correct any interruptions in service caused by defects in utility systems within Landlord’s reasonable control. Tenant shall provide its own surge protection for power furnished to the Premises. Tenant shall cooperate with Landlord and the utility service providers at all times as reasonably necessary, and shall allow Landlord and utility service providers, reasonable access to the pipes, lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant shall not apply in case contract or engage any other utility provider without prior written approval of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseLandlord.

Utilities and Services. 16.1 Commencing on the Term Commencement Date, Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services and utilities. Notwithstanding anything to the contrary contained herein, Tenant shall pay such amount not be liable for the cost of utilities supplied to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect the Premises attributable to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in time period prior to the manner set forth in Section 4.2. Term Commencement Date. 16.3 Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by Force Majeure (as defined below) or, to the Premisesextent permitted by Applicable Laws, and no Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations covenant or agreement of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesthis Lease. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the actions of Landlord, its authorized agents or employeesif, for more than three (3seven 7) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is no caused by any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant's Basic Rent ’s Adjusted Share of Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8. 16.4 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.5 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to provide such utilities or services. 16.6 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 16.7 Landlord shall bring cold water to the point of connection with the Premises and shall provide hot and cold water in Common Area for lavatory and landscaping purposes only, which water shall be from the local municipal or similar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water provided to the repair of such utilities or services and Landlord provides substitute services reasonably suitable Common Area for Tenant's any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for exampleany of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.8 Landlord reserves the right to stop service of the elevator, bringing plumbing, ventilation, air conditioning and utility systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and, except as provided in portable air-Section 16.2, Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning equipmentor utility service when prevented from doing so by Force Majeure (as defined below) or, then there to the extent permitted by Applicable Laws, Landlord’s negligence. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic RentForce Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence. 16.9 Landlord will install a back-up generator and connect the Generator to the Premises’ emergency electrical panel (the “Generator”). Any disputes concerning the foregoing Tenant shall be submitted entitled to use up to its proportionate share (after deducting any power from the Generator required for the Common Area) of power from the Generator on a non-exclusive basis with other tenants in the Building. The cost of maintaining, repairing and resolved replacing the Generator shall constitute Operating Expenses. Landlord expressly disclaims any warranties with regard to the Generator or the installation thereof, including any warranty of merchantability or fitness for a particular purpose. Landlord shall maintain the Generator and any equipment connecting the Generator to Tenant’s automatic transfer switch in good working condition, provided, however, that Tenant shall be solely responsible, at Tenant’s sole cost and expense, (and Landlord shall not be liable) for maintaining and operating Tenant’s automatic transfer switch and the distribution of power from Tenant’s automatic transfer switch throughout the Premises, and provided further that Landlord shall not be liable for any failure to make any repairs or to perform any maintenance of the Generator that is an obligation of Landlord unless and except to the extent that Landlord willfully fails to make such repairs or perform such maintenance and such failure persists for an unreasonable time after Tenant provides Landlord with written notice of the need for such repairs or maintenance. Upon receipt of such written notice, Landlord shall promptly commence to cure such failure and shall diligently prosecute the same to completion in accordance with Section 31.13. The provisions of Section 16.3 shall apply to the Generator. 16.10 For the Premises, Landlord shall (a) maintain and operate the base building HVAC systems (not including supplemental units exclusively serving the Premises) used for the Permitted Use only (“Base HVAC”) and (b) furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, every day during the Term, subject to casualty, eminent domain or as otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services, except as provided in Section 16.2. 16.11 For any utilities serving the Premises for which Tenant is billed directly by JAMS arbitration pursuant such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof, (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, authorization to allow Landlord to access Tenant’s usage information necessary for Landlord to complete an ENERGY STAR® Statement of Performance (or similar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year; and Tenant shall comply with any other energy usage or consumption requirements required by Applicable Laws. Tenant shall retain records of utility usage at the Premises, including invoices and statements from the utility provider, for at least thirty six (36) months. Tenant acknowledges that any utility information for the Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers, and Tenant shall pay Landlord a fee of Five Hundred Dollars ($500) per month to collect such utility usage information. In addition to the foregoing, Tenant shall comply with all Applicable Laws related to the disclosure and tracking of energy consumption at the Premises. The provisions of this Section 22.7 shall survive the expiration or earlier termination of this Lease. 16.12 The Building shall be serviced by a common laboratory waste sanitary sewer connection from the pH neutralization room located in the third floor mechanical room of the Building to the municipal sewer line in the street adjacent to the Building. The foregoing provisions There shall not apply in case of damage to, or destruction of be a separate acid neutralization tank (the “Acid Neutralization Tank”) that is connected to the Premises, which as well as to other premises in the Building. Tenant shall install sampling ports in lab waste plumbing. Tenant shall have a non-exclusive right to use its proportionate share of the Acid Neutralization Tank in accordance with Applicable Laws in common with other tenants of the Building. Tenant, as a portion of its Operating Expenses, shall reimburse Landlord for all costs, charges and expenses incurred by Landlord from time to time in connection with or arising from the operation, use, maintenance, repair or refurbishment of the Acid Neutralization Tank, including all clean-up costs relating to the Acid Neutralization Tank (collectively, “Tank Costs”); provided, however, that if the Acid Neutralization Tank is being used by other tenant(s) or occupant(s) of the Building at any time during the Term, then, during such time period, Tenant shall only be obligated to pay its proportionate share of the Tank Costs. Notwithstanding the foregoing, in the event the Acid Neutralization Tank is damaged or repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by Tenant, Tenant shall be governed by the provisions of Article XI responsible for one hundred percent (100%) of the Leasecost of any repairs or replacement required as a result of such improper use by Tenant, regardless of whether the Acid Neutralization Tank is then being used by other tenant(s) or occupant(s) of the Building. Similarly, if the Acid Neutralization Tank is damaged, or if repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by other tenant(s) or occupant(s) of the Building, then Tenant shall have no responsibility for the cost of any repairs or replacements required as a result of such improper use by such other tenant(s) or occupant(s). Tenant shall Indemnify the Landlord Indemnitees from and against any and all Claims, including (a) diminution in value of the Project or any portion thereof, (b) damages for the loss or restriction on use of rentable or useable space or of any amenity of the Project, (c) damages arising from any adverse impact on marketing of space in the Project or any portion thereof, and (d) sums paid in settlement of Claims that arise during or after the Term as a result of Tenant’s improper use of the Acid Neutralization Tank. This Indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration required by any Governmental Authority arising from Tenant’s improper use of the Acid Neutralization Tank.

Utilities and Services. Tenant During the hours of 7:00 a.m. to 7:00 p.m. from Monday through Friday and 7:00 a.m. to Noon on Saturday, (a) Landlord shall pay promptlyprovide for the Premises water for ordinary office uses, directly and (b) Landlord shall operate the master heating and air-conditioning system of the Building that supplies heated or chilled water, as appropriate, to the appropriate supplier, all charges individual heating and air-conditioning unit within the Premises. Landlord shall arrange for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, the removal of trash placed by Tenant in containers designated by Landlord. Landlord shall furnish janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or within the Premises on the following schedule: spot vacuuming, emptying waste baskets and cleaning ashtrays, daily; vacuuming carpets and floors and dusting furniture, weekly; and washing windows, semi-annually. Such janitorial services shall include only ordinary dusting and cleaning and shall not include (i) shampooing of carpets or used by Tenant inrugs, on (ii) cleaning of draperies or about the Premises during the Termfurniture, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10iii) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2unusual cleaning services. Landlord shall not be liable for damages failure to furnish any utilities or otherwise for services to the Premises when such failure results from causes beyond Landlord's reasonable control. If Landlord discontinues or fails to provide any failure of the utilities or interruption of any utility or other service services furnished by Landlord to the Premises, and no such failure or interruption discontinuance shall neither be deemed an eviction actual or entitle constructive eviction, nor release Tenant to terminate of its obligations under this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of LandlordLease, provided that Landlord shall interfere as little as reasonably practicable with the conduct of including without limitation Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice obligations to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantpay Rental; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for discontinuance results in Tenant's purposesinability to occupy and use the Premises for its intended use, and (A) such interruption continues for a period of thirty (30) days, then Tenant shall be entitled to an abatement of rent during such period of interruption of services, and (B) such interruption continues for a period of sic (6) months, then Tenant shall be entitled to terminate this Lease upon thirty (30) days written notice to Landlord. Except for Landlord's obligations as set forth above, Tenant shall make all arrangements for exampleand pay the cost of all utilities and services (including without limitation their connection charges) separately metered to the Premise or used by Tenant, bringing in portable including without limitation electricity (including without limitation electricity to operate the heating and air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of unit within the Premises), which shall be governed by the provisions of Article XI of the Leaseand telephone services.

Utilities and Services. 16.1. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Share of such utilities to reflect such excess. In the event that the Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building, North Campus or Project, as applicable, been fully occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other service labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the PremisesPremises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and no Tenant shall pay as Additional Rent an amount equal to the cost of providing such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderexcess utilities and services. 16.6. Landlord shall at all reasonable times have free access to all electrical provide water in Common Areas for lavatory and mechanical installations of Landlordlandscaping purposes only, provided that Landlord which water shall interfere as little as reasonably practicable with be from the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents local municipal or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantsimilar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water provided to the repair Common Areas for any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such utilities meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or services expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord provides substitute services reasonably shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or utility service when prevented from doing so by Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply; or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence. 16.8. For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for typical office use only (“HVAC”) (and not for uses other than office use, including HVAC related to laboratory fixtures and equipment) and (b) subject to Subsection 16.8(a), furnish HVAC as reasonably required (except as this Lease otherwise provides) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, every day during the Term, subject to casualty, eminent domain or as otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services; provided that Landlord diligently endeavors to cure any such interruption or impairment. 16.9. For any utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof, (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an abatement ENERGY STAR® Statement of Basic RentPerformance (or similar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year. Any disputes concerning Tenant shall retain records of utility usage at the foregoing Premises, including invoices and statements from the utility provider, for at least sixty (60) months, or such other period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers, and Tenant shall be submitted pay Landlord a fee of One Thousand Dollars ($1,000) per month to and resolved by JAMS arbitration pursuant to collect such utility usage information. The provisions of this Section 22.7 shall survive the expiration or earlier termination of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord and Tenant shall pay promptly, directly be responsible to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such furnish those utilities and services to the Premises to the extent provided in Exhibit C and Tenant shall pay such amount elsewhere in this Lease, subject to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner conditions and payment obligations and standards set forth in Section 4.2this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to furnish any services or utilities shall not entitle Tenant to any damages, relieve Tenant of the obligation to pay rent or constitute a constructive or other eviction of Tenant, except that Landlord shall diligently attempt to restore the service furnished or utility promptly. Notwithstanding the foregoing to the contrary, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 3 consecutive business days as a result of a service interruption that is reasonably within the control of Landlord to correct and through no such failure or interruption fault of Tenant and for reasons other than as contemplated in Article 11, then Tenant, as its sole remedy, shall be deemed entitled to receive an eviction or entitle abatement of Rent payable hereunder during the period beginning on the 4th consecutive business day of the service interruption and ending on the day the service has been restored. Tenant to terminate this Lease or withhold or xxxxx any rent due hereundershall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent Subject to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 terms of this Lease. The foregoing provisions , Tenant shall not apply in case of damage tohave access to the Premises 24 hours a day, or destruction of the Premises7 days a week, which shall be governed by the provisions of Article XI of the Lease365 days a year.

Utilities and Services. Except as otherwise provided in the Addendum to this Lease, Landlord shall supply water to the Premises and to the common areas for ordinary and customary uses, the cost of which shall be included as a part of Lease Expenses. In the event the Premises are separately metered for water use as of the Commencement Date of this Lease, or shall become separately metered for water use at any time during the term of this Lease, Tenant shall contract directly with the water utility provider and pay for the cost(s) of water services and consumption attributable to the Premises meter, including associated sewer fees and other related xxxxxxxx. In such event, building water costs shall be excluded from Tenant’s Lease Expenses, but Tenant shall continue to pay its pro-rata share of Common Area water costs. If Tenant does not pay directly for its separately metered water, and Tenant’s use of water (or any other utilities or services supplied by Landlord) exceeds ordinary and customary usage levels, then Tenant shall pay promptlythe cost of such excess (determined in Landlord’s reasonable discretion) as additional rent. Except for Landlord’s obligations as set forth above, directly Tenant shall make all arrangements for and pay the cost of all utilities and services (including without limitation their connection charges and taxes thereon) furnished to the appropriate supplierPremises or used by Tenant, including without limitation electricity, water (to the extent not supplied by Landlord), heating, ventilating, air-conditioning, oil, steam for heating, sewer, gas, telephone, communication services, trash collection from within the Premises and refuse bin removal services in the event Landlord does not provide said refuse bin removal services as a part of the common area services, janitorial, cleaning, and window washing. Installation of all charges types of conduit and wiring exclusively serving the Premises, including but not limited to communications wiring, shall be subject to the requirements of Xxxxxxxxx 00, xxxxx, and the Landlord’s approval of the location, manner of installation, and the installing contractor. All such conduit and wiring shall, at Landlord’s option, and to the extent it does not remain the property of the service or utility that utilizes such conduit or wiring, become Landlord’s property once installed. Upon termination of this Lease, Landlord may elect to require Tenant to remove such conduit and wiring at Tenant’s expense and return the Premises and the Common Areas of the Project to their pre-existing condition. Landlord may, at its election, furnish to the Premises any of the utilities and services set forth above, in which event Tenant shall reimburse Landlord for Landlord’s cost of furnishing such utilities and services as additional rent. Landlord shall not be liable for failure to furnish any utilities or services to the Premises when such failure results from causes beyond Landlord’s reasonable control. If Landlord constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting from Tenant’s changed or increased utility requirements, Tenant shall on demand promptly pay to Landlord the total cost of such items as additional rent. The discontinuance of any utilities or services, including, without limitation, Landlord’s discontinuance or failure to provide any of the utilities or services furnished by Landlord to the Premises, shall neither be deemed an actual or constructive eviction, nor release Tenant from its obligations under this Lease including, without limitation, Tenant’s obligation to pay Rental. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant inreduction of automobile emissions, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rentat its sole discretion, within ten (10) days after receipt of Landlord's statement may comply with such mandatory controls or invoice therefor. Alternativelyvoluntary guidelines and, Landlord may elect accordingly, require Tenant to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2so comply. Landlord shall not be liable for damages to persons or otherwise property for any failure or interruption of such reduction, nor shall such reduction in any utility or other service furnished to the Premises, and no such failure or interruption shall way be deemed an construed as a partial eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be cause an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted rent, or operate to and resolved by JAMS arbitration pursuant to Section 22.7 release Tenant from any of Tenant’s obligations under this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 16.1 Landlord shall pay for all water (from a local municipal or similar source) and gas supplied to the Premises, and Landlord shall be entitled to include these sums in Operating Expenses. Tenant shall pay promptly, directly for all electricity supplied to the appropriate supplierPremises, all charges including for waterlights, gasplugs, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises Overtime HVAC (as defined below) during the Term. Tenant shall also pay for all telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility for which Tenant is responsible is not separately metered or assessed submetered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and include the cost of purchasing, installing and monitoring such metering equipment in Operating Expenses. 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess usage. In the event that the Building or Project is less than ninety-five percent (95%) occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. 4.5 (including to construct the Tenant Improvements), then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.3 Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (but not gross negligence). In the event of such failure or interruption (except as expressly set forth below), Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesapplicable time based on historic meteorological records. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the actions of Landlord, its authorized agents or employeesif, for more than three five (35) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is no caused in whole or in part by the action or inaction of a Tenant Party (as defined below)), (a) the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises canthat Landlord must provide pursuant to this Lease is interrupted or (b) Tenant does not be used by Tenanthave access to the Premises (a “Material Services Failure”), then Tenant's Basic ’s Base Rent and Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant's purposes’s continued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in supplying potable water or portable air-air conditioning equipment), then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing neither Base Rent nor Operating Expenses shall be submitted abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and resolved by JAMS arbitration Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction regardless of the Premisescause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall be governed by govern in the event of a casualty), the provisions of Article XI this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the LeasePremises.

Utilities and Services. 16.1. All base Building water, electricity and gas utilities feeding the Premises will be separately submetered. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are utility is not separately metered or assessed sub-metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such billings promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Xxxxxx uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Landlord shall make a extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable determination estimate of Tenant's proportionate share what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver supplies including, without limitation, gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; unforeseen conditions or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”). In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations covenant or agreement of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesthis Lease. Notwithstanding the foregoingforegoing to the contrary, if as a result if, due to any negligent or willful and wrongful act or omission of the actions of Landlord or Landlord, its authorized ’s agents or employees, Tenant is prevented from receiving essential services or utilities that Landlord is obligated to perform or deliver under this Lease, and such interruption of essential services or utilities renders the Premises untenantable (meaning that Tenant is unable to use or occupy the Premises in a reasonably safe manner for more than three the conduct of Xxxxxx’s business and Tenant has in fact vacated or partially vacated the Premises as a result), and if such interruption shall continue for a period of four (34) consecutive business days following written after notice thereof from Tenant to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenantare untenantable as a result thereof, then Tenant's Basic Base Rent and additional rent shall xxxxx commencing on the fifth business day after such notice (or an equitable portion of such Basic Rent to the extent that and, if less than all of the Premises are affected by such interruption and vacated, such abatement shall be pro-rated according to the area so affected) shall thereafter be abated until the Premises such time as such services or utilities are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Leaserestored. The foregoing provisions shall not apply in case to any interruption to the extent the same arises from any act or omission of damage toTenant or its agents, contractors or employees, or destruction from fire or casualty, Force Majeure or taking or condemnation by the power of the Premises, which eminent domain. Tenant’s rights herein granted shall be governed by Tenant’s sole and exclusive remedies for any loss or damage arising from any such interruption. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the provisions of Article XI of Property at the Leaseapplicable time based on historic meteorological records.

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of Tenant's proportionate share of furnish, or cause to be furnished to the cost of such Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant shall pay such amount agrees to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may elect from time to include such cost time prescribe for the use of the utilities and services described herein and in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Exhibit C. Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other service representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the Premisesconditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and no such failure or interruption a determination that the installation and use thereof (i) shall be deemed an eviction permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or entitle Tenant injury to terminate this Lease the Building or withhold adversely affect the value of the Building or xxxxx any rent due hereunderthe Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall at all reasonable times have free access to all electrical and mechanical installations be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided hereunder, provided that Landlord may require a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesbe paid by Tenant upon demand. Notwithstanding the foregoing, if Landlord shall have the right to contract with any utility provider it deems appropriate to provide utilities to the Project. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation, when caused by accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as a result an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the actions Building’s ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of a utility service to the Premises is caused by Landlord, its authorized agents agents, employees or employeescontractors that arises from a cause within the reasonable control of Landlord and such interruption or cessation results in the Premises being unusable by Tenant for the conduct of Tenant’s business, for more than three then Basic Annual Rent and Operating Costs shall be abated commencing on that date which is five (35) consecutive business days following the date Tenant delivers written notice to Landlord there of such interruption and continuing until either such utility service to the Premises is no HVAC restored or electricity services the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent and Operating Costs allocable to all or a such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Except as expressly set forth in the following sentence, such right to xxxxx Basic Annual Rent and Operating Costs shall be Tenant’s sole and exclusive remedy at law or such in equity in the event of an interruption or cessation of a utility service to the Premises. Furthermore (i) if an interruption or cessation of utility service to the Premises occurs, and continues for a period of ninety (90) consecutive days after Tenant notifies Landlord in writing of such interruption or cessation of utility service; (ii) if such interruption or cessation of utility service is caused by an event in Landlord’s reasonable control and not the result of any breach of this Lease by Tenant or other essential utilities and building services, negligent or otherwise wrongful act or omission of Tenant; (iii) if such as interruption or cessation of utility service is not caused by a fire protection or water, so that all other casualty (in which case Section 9 shall control) or a portion of the Premises cannot be used by Tenantcondemnation (in which case Section 10 shall control); (iv) if, then Tenant's Basic Rent (or an equitable portion as a result of such Basic Rent to the extent that less than all interruption or cessation of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedutility service, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which or a material portion thereof, is rendered Untenantable (as hereinafter defined); and (v) provided Tenant shall be governed have delivered written notice to Landlord (such written notice detailing such interruption or cessation of utility service and containing in bold upper case letters (in 16 point font or larger) the phrase “FINAL REQUEST – TENANT ENTITLED TO UTILITY SERVICE INTERRUPTION TERMINATION NOTICE UNDER LEASE”), then Tenant shall have the right, after such ninetieth (90th) consecutive day, to terminate this Lease for the Premises, prior to, but not after, the restoration of such utility service to the Premises, by the provisions timely delivering to Landlord written notice of Article XI of the Lease.such termination (after such ninetieth (90th) consecutive day) and this Lease shall promptly

Utilities and Services. Tenant Subtenant’s consumption of utilities shall be subject to all terms and conditions of the Master Lease, including, without limitation, Article 6 of the Master Lease, which is incorporated herein by this reference. Subtenant and Sublandlord hereby agree that Subtenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share Subtenant’s Share of the cost of such utilities and services and Tenant in accordance with Section 4.3 above; provided that if Subtenant’s use of or Alterations to the Subleased Premises causes material increases to the cost of utilities, Subtenant shall pay such amount additional costs. Sublandlord shall provide pest control, janitorial and char service for the Shared Space to Landlord, the extent required by the Master Lease and Subtenant shall pay Subtenant’s Share for such services as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost Additional Rent in the definition amount set forth on Schedule A. All utilities which are separately metered for the Subleased Premises shall be at Subtenant’s sole cost and expense and shall be paid directly to such utility provider. Any services not furnished through systems or facilities provided or maintained by Master Landlord under the Master Lease shall be the responsibility of Building Costs in which event Tenant Subtenant to obtain, at Subtenant’s sole cost and expense, subject to the terms and conditions of the Master Lease; provided that Sublandlord shall pay Tenant's proportionate share maintain the HVAC, hot water boilers, steam boiler system for the Shared Space, to the extent the same are the responsibility of the tenant under the Master Lease, and Subtenant shall reimburse Sublandlord for Subtenant’s Share of such costs and expenses as Additional Rent in the manner amount set forth on Schedule A. In addition, if Subtenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Subtenant’s equipment or extended hours of business operations, then Subtenant shall first procure Sublandlord’s and, to the extent required under the Master Lease, Master Landlord’s consent for the use thereof, which consent Sublandlord and, to the extent permitted under the Master Lease, Master Landlord may condition upon the availability of such excess utilities or services, and Subtenant shall pay as Sublease Additional Rent an amount equal to the cost of providing such excess utilities and services. Sublandlord shall provide management, cleaning and restocking of the reception area, café, breakroom, and restrooms in the Shared Space and Subtenant shall reimburse Sublandlord there for as Additional Rent the amount set forth in Section 4.2. Landlord Schedule A. Unless expressly set forth in this Sublease, Sublandlord shall not be liable responsible for damages or otherwise for any failure or interruption the maintenance and repair obligations of any utility or other service furnished the tenant under 6.2.1 of the Master Lease with respect to the Subleased Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 6.01 Tenant shall be responsible to pay promptly, directly to the appropriate supplier, all charges for electricity, water, gasfuel, electricity, sewer, heat, light, powersewer charges, telephone, refuse pickuptrash hauling, janitorial service, interior landscape maintenance and all any other utilities, materials and services furnished directly to Tenant or the Premises or utilities used by Tenant in, on servicing or about assessed against the Premises during the TermPremises, together with any taxes thereonunless otherwise herein expressly provided. If any utilities or services are not All such charges shall be separately metered or assessed to Tenant, and billed by the applicable utility provider. 6.02 Landlord shall make a reasonable determination of Tenant's proportionate share of furnish the following services (and the cost of such utilities services shall constitute Common Area Expenses), which services shall be substantially similar to services provided at comparable first-class office buildings in DuPage County: (i) heating and air conditioning to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations, weekdays from 8:00 A.M. to 6:00 P.M., Saturday from 8:00 A.M. to 1:00 P.M., and Sundays and holidays excepted; (ii) water for drinking, and, subject to Landlord's approval, cold water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord and in common with other tenants of the Building; (iv) daily janitor service in the Premises and Common Areas of the Building, weekends and holidays excepted; and (v) Landlord shall furnish passenger elevator services to the Premises twenty four (24) hours of all days (except as may be reasonably and temporarily limited for security procedures, repairs, maintenance or upgrades); and (vi) electricity to the Premises with service of 6.8 xxxxx per square foot (1.6 xxxxx per square foot for lighting and 5.2 xxxxx per square foot for receptacle loads). 6.03 Landlord shall not be obligated to furnish any services other than those stated above. If Landlord elects to furnish services requested by Tenant in addition to those stated above (including services at times other than those stated above), Landlord shall notify Tenant prior to commencing such services of Landlord's charges in connection therewith. In the event Tenant requests additional services, Tenant shall pay give Landlord not less than one (1) business days' prior written notice of the date on which Tenant would like such amount services to commence. In the event Tenant shall elect to cause Landlord to provide such additional services, and if Tenant shall fail to make any such payment, then upon five (5) days prior notice to Tenant and in addition to all other remedies available to Landlord, Landlord may discontinue any additional services. No discontinuance of any such service shall result in any liability of Landlord to Tenant or be considered as an item eviction or a disturbance of additional rent, within ten (10) days after receipt Tenant's use of Landlord's statement or invoice thereforthe Premises. AlternativelyNotwithstanding the foregoing, Landlord may elect to include such shall charge Tenant the actual cost in the definition for operation (plus any additional costs associated with depreciation and increased maintenance of Building Costs in which event Tenant shall pay equipment) for Tenant's proportionate share of such costs in HVAC use before or after the manner set forth normal business hours as provided in Section 4.2. 6.02. 6.04 Tenant agrees that Landlord shall not be liable for damages for failure or otherwise for delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 15.01, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. 6.05 Notwithstanding anything to the contrary in the Lease, if: (a) any services or utilities are interrupted or discontinued as a result of Landlord's negligence or willful conduct, and Tenant is unable to and does not use the Premises as a result of such interruption or discontinuance, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within ten (10) consecutive days after receiving such notice, or such additional time as may be required due to any Unavoidable Delay or other causes beyond Landlord's reasonable control, Rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. Such abatement of Rent shall be Tenant's sole recourse in the event of a discontinuance or interruption of any utility services or other service furnished utilities required to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due provided by Landlord hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result in recognition that Landlord must receive timely payments of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice Rent in order to Landlord there is no HVAC or electricity services to all or a portion of operate the Premises, or such an interruption Tenant shall have no right to xxxxx Rent unless and until Tenant shall have first obtained a valid judgment by a court of other essential utilities and building services, such as fire protection or water, so competent jurisdiction finding that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable foregoing grounds for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning Rent have been present, and fixing the foregoing shall be submitted amount of Rent abatement to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseTenant is entitled.

Utilities and Services. 16.1. Tenant shall, at Tenant’s sole cost and expense, hire contractors and procure and maintain contracts, in customary form and substance for, and with contractors adequately qualified and experienced in the maintenance of the following equipment and improvements, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) landscaping and irrigation systems (to the extent not maintained by the owners’ association), (e) roof coverings and drains, (f) clarifiers, (g) basic utility feeds to the perimeter of the Building (except to the extent the owner’s association, City of San Diego or applicable utility provider is responsible for such maintenance) and (h) any other equipment reasonably required by Landlord; provided, however, Tenant may provide such maintenance using its own personnel so long as it hires personnel with adequate experience and qualifications in maintaining such equipment. Tenant shall deliver to Landlord copies of any such contracts that contemplate total expenditures for such services of One Hundred Thousand Dollars ($100,000) or more. Notwithstanding the foregoing, in the event Tenant fails either to maintain the contracts required under this Section 16.1 or to employ experienced and qualified personnel, Landlord reserves the right, upon three (3) days prior written notice to Tenant, to procure and maintain any such contracts which Tenant has failed to maintain, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the actual documented costs thereof. 16.2. Within sixty (60) days after the Term Commencement Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall give Tenant a good faith written estimate for such calendar year of the cost of insurance provided by Landlord, in connection with the Premises (“Insurance Costs”), and any repair and maintenance expenses Landlord incurs pursuant to Section 18.4 (“Landlord’s Maintenance Costs”). Such written estimate shall be consistent with then prevailing expenses in the applicable industries and reflect allowable expenditures by Landlord pursuant to this Lease. Tenant shall pay promptlysuch estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, directly Landlord shall furnish to Tenant a statement showing in reasonable detail the Insurance Costs and Landlord’s Maintenance Costs incurred by Landlord during such year (the “Annual Statement”), and Tenant shall pay to Landlord the Insurance Costs and Landlord’s Maintenance Costs incurred in excess of the payments previously made by Tenant within ten (10) days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for Insurance Costs and Landlord’s Maintenance Costs exceed Tenant’s obligation, such excess amount shall be credited by Landlord to the appropriate supplierRent or other charges next due and owing, provided that, if the Term has expired, Landlord shall promptly remit such excess amount to Tenant. 16.3. Tenant shall make all charges arrangements for and pay for all water, gas, electricity, air, sewer, refuse, gas, heat, light, power, telephonetelephone service and any other service or utility Tenant requires at the Premises. Landlord shall cooperate with Tenant, refuse pickupat Tenant’s sole cost and expense, janitorial service, interior landscape maintenance in its arrangements for such services and all other utilities, materials utilities and shall use commercially reasonable efforts to avoid impeding the continued provision of such services furnished directly and utilities to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with in any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2way. Landlord shall not be liable for damages for, nor shall any eviction of Tenant result from, the unintentional failure (unless such failure is caused by Landlord’s willful misconduct or otherwise for any failure gross negligence), or interruption of Landlord’s inability, to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure is caused by accident; breakage; repair; strike, lockout or interruption shall be deemed an eviction other labor disturbance or entitle Tenant to terminate this Lease or withhold or xxxxx labor dispute of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations character; act of Landlordterrorism; shortage of materials, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice which shortage is not unique to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent as the case may be; or governmental regulation, moratorium or other governmental action (or an equitable portion collectively, “Force Majeure”). In the event of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedfailure, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an entitled to termination of this Lease, any abatement or reduction of Basic Rent. Any disputes concerning , or relief from the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 operation of any covenant or agreement of this Lease. The foregoing provisions Tenant shall not apply in case pay for, prior to delinquency of damage topayment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or destruction earlier termination of the PremisesTerm, which after the Term. 16.4. Tenant shall be governed by not, without Landlord’s prior written consent, use any device in the provisions Premises that will in any way increase the amount of Article XI ventilation, air exchange, gas, steam, electricity or water beyond the then existing capacity of the LeaseBuilding.

Utilities and Services. Tenant shall (within ten (10) days after receiving an invoice therefor) pay promptly, directly to the appropriate supplierentity or authority providing and/or billing the same (or reimburse the entity paying for the same, as the case may be), all charges for water, gas, electricity, sewer, heat, light, power, . telephone, refuse pickup, janitorial telex and other electronic communication service, interior landscape maintenance sewer service, waste and all refuse collection, and any other utilities, materials and or services furnished directly to Tenant or indirectly to, for the Premises or benefit of and/or used by Tenant in, on or about the Premises during the Termterm of this Lease, together with including without limitation any taxes thereon. If any utilities temporary or services are not separately metered or assessed to Tenantpermanent utility surcharge, Landlord shall make a reasonable determination of Tenant's proportionate pro rate share of landscaping, parking areas, roof and/or common area maintenance, and/or any other charges hereinafter imposed. In the cost event any of the above charges also apply jointly to other tenant(s) of Landlord where there is a common meter or common usage with other tenant(s), Tenant shall allocate, adjust, reimburse and/or pay such utilities and services charges on a temporary or permanent basis (as the case may be) directly to, from or with such other tenant(s), and Tenant shall pay seek and shall be solely responsible for reimbursement directly from such amount other tenant(s) for any such charges which may be reimbursable to LandlordTenant. Failing such direct allocation or adjustment, as an item of additional rent, within ten such charges may (10) days after receipt of at Landlord's statement option) be allocated to the Premises by square footage or invoice thereforother equitable basis (for example a PG&E usage survey payable at the expense of the tenants involved) as finally calculated and determined solely by Landlord. Alternatively, Landlord may elect The PG&E meters for PG&E service for the Building are adjacent to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premisespremises, and no such failure or interruption meters and such service for the Building shall be deemed an eviction or entitle Tenant transferred to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of be in Tenant's business in name during the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 term of this Lease. The foregoing provisions In no event shall Landlord be liable for any such charges, billxxxx, xxyment, advancement of money for payment, or reimbursement to or from others for or with respect to any of the above services, utilities, materials, or charges, and Tenant shall not apply in case be entitled to any abatement or reduction of damage torent by reason of any interruption or failure of utilities, materials, or destruction of services to the Premises, which shall be governed by Premises during the provisions of Article XI of the LeaseLease term.

Utilities and Services. Tenant 7.01 Lessor shall provide separate electricity meters and gas meter for the Demised Premises. Lessee shall establish its own account with the utility company to provide electricity and gas service to the Demised Premises and Lessee shall pay promptly, all charges and fees for such services directly to the appropriate supplierutility company. 7.02 Lessee shall pay, all charges for wateras additional rent, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of TenantLessee's proportionate pro-rata share of the cost of such the following utilities and services furnished to the Demised Premises, which pro-rata share shall be the proportion to which the Demised Premises bears to all other buildings which share the common areas. (a) 55.11% of all water and Tenant shall pay such amount to Landlordsewer, and 36.72% of all Common Area maintenance charges for the Industrial Center, as an item of additional rentbilled to Lessee by Lessor, including but not limited to, landscape maintenance, lighting maintenance, utility charges, and parking lot sweeping. (b) Garbage collection charges attributable to the Demised Premises, as billed to Lessee by Lessor according to Lessee's actual usage thereof. The foregoing charges shall be due and payable to Lessor within ten (10) days after receipt of Landlorda billing therefore by Lessee. Billing shall occur on a monthly basis. If requested, Lessor shall provide Lessee copies of the actual bills for charges Lessee is responsible to pay his pro rata share of. 7.03 Lessor shall maintain the Common Areas of the Industrial Center in good condition and repair, except for damage occasioned by the act of Lessee or Lessee's statement agents or invoice thereforinvitees, which damage shall be repaired by Lessor at Lessee's expense. Alternatively, Landlord may elect Lessor shall have no obligation to include such cost in provide janitorial service for the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord Demised Premises. (a) Lessor shall not be in default hereunder or be liable for any damages directly or otherwise for indirectly resulting from, nor shall the rent provided herein be abated by reason of Lessor's failure to furnish or delay in furnishing any failure utilities or interruption of any utility or other service furnished to the Premises, and no services when such failure or interruption shall be deemed an eviction delay is caused by accident, breakage, repairs, strikes, lockouts or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisesother labor dispute, or such an interruption by limitation, curtailment, rationing or restrictions on use of electricity, gas, water or other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toutility, or destruction any other cause, similar or dissimilar, beyond the reasonable control of the Premises, which shall be governed by the provisions of Article XI of the LeaseLessor.

Utilities and Services. Tenant Landlord shall pay promptlyfurnish the Leased Premises with (i) running water sufficient for normal lavatory and kitchen use for an office and warehouse facility; (ii) electricity for normal lighting and office equipment for an office and warehouse facility; (iii) heating and air conditioning at appropriate levels for warehouse and office space respectively. The cost of any and all said utilities shall be the responsibility of Tenant, directly and the cost of electricity and gas furnished to the appropriate supplierLeased Premises hereunder, all charges for waterincluding but not limited to the cost of electricity to provide air conditioning and lighting to the Leased Premises, gasand the cost of gas to provide heating to the Leased Premises, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not shall be separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount for said electricity and gas directly to Landlord, the utility company or companies supplying the same. Tenant shall reimburse Landlord for the cost of water furnished to the Leased Premises during the Term as an item of additional rent, within ten follows: (10i) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay for cost of water consumed by the Tenant at the Leased Premises based on meter readings (meter to be installed by the Landlord at the Landlord’s cost and expense) as applied to any xxxx or statement rendered to the Landlord with respect to the Landlord’s Property a copy of which xxxx shall also be furnished to the Tenant's proportionate share ; and (ii) Tenant will pay to the Landlord a portion of any minimum charge imposed by the water authority furnishing such costs in the manner water as set forth in Section 4.2periodic bills or statements rendered to the Landlord which portion shall be equal to the amount of such minimum charge multiplied by a fraction the numerator of which is charge for the amount of water actually used by the Tenant as based upon the aforesaid meter readings as to the Tenant’s use or consumption and the denominator of which is the charge for the entire amount of water actually used or consumed with respect to the Landlord’s Property as set forth in such xxxx or statement. By way of example and not by limitation, in the event that in a particular water xxxx with respect to the Landlord’s Property there is a minimum charge of $200.00 to be paid and Tenant’s actual charge is $300.00 with the total actual charges for the Landlord’s Property (inclusive of the Tenant’s actual charges) being $400.00, Tenant will be required to pay $300.00 for actual water consumed plus $150.00 of the minimum charge ($200.00 x $300.00/$400.00 = $150.00) Provided that the utility services installed by the Landlord comply with the plans and specifications set forth in Exhibit C, Landlord shall not be in default under this Lease or be liable for any damages directly or otherwise for indirectly resulting from, nor shall any failure Rent reserved in this Lease be abated in whole or in part by reason of, (1) the installation, use or interruption of use of any equipment in connection with the furnishing of any of such utility services, (2) failure to furnish or other service furnished delay in furnishing any such utility services or by the making of repairs to the Leased Premises or to the Building (unless such repairs are substantial and material in nature and materially affect the Tenant’s use of the Leased Premises), and no or (3) the limitation, curtailment, rationing or restrictions on use of water, electricity, gas or any other utility serving the Leased Premises or the Building. In the event of any interruption of utility services, Landlord shall use its best efforts to coordinate the resumption of such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunderutility services with the provider of such utility services. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, be liable only for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such intentional misconduct which causes an interruption of other essential utilities and building utility services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall obtain in its own name and pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable good faith determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within ten fifteen (1015) days after receipt of Landlord's statement or invoice thereforwritten statement. AlternativelyExcept as otherwise provided herein, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent sums due hereunder. In the event of utility "deregulation", Landlord shall at all choose the service provider. Landlord represents it will use good faith commercially reasonable times have free access efforts to all electrical minimize service disruptions and mechanical installations to restore such services as promptly as possible. Notwithstanding anything in this Lease to the contrary, if (i) the restoration of service is entirely within Landlord's control, (ii) Landlord negligently fails to restore such service within a reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the use permitted under this Lease) for more than five (5) consecutive business days, then Tenant shall notify Landlord (and Landlord's lender, if any) in writing that Tenant intends to abatx xxxt. If service has not been restored within five (5) days of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct 's receipt of Tenant's business in notice, then Minimum Annual Rent and Additional Rent shall abatx xx a per diem basis for each day after such five (5) day period during which the PremisesLeased Premises remain untenantable. Notwithstanding the foregoingSuch abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, if and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leasethereof.

Utilities and Services. 16.1. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Power shall be separately sub-metered to Tenant. If any utilities or services are such utility is not separately metered or assessed sub-metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such bxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents covenant or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.agreement

Utilities and Services. 17.1 Commencing as of the Additional Premises Commencement Date, Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermAdditional Premises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share ’s Pro Rata Share of all charges of such costs utility jointly metered with other premises as Additional Rent or, in the manner set forth in Section 4.2alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord shall not be liable may base its bills for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all utilities on reasonable times have free access to all electrical and mechanical installations of Landlord, estimates; provided that Landlord shall interfere adjusts such xxxxxxxx as little part of the next Landlord’s Statement (or more frequently, as reasonably practicable with determined by Landlord) to reflect the conduct actual cost of Tenant's business in providing utilities to the Additional Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Pro Rata Share of such utilities to reflect such excess. In the event that the Building, North Campus or Project is less than all fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Premises are affectedBuilding, North Campus or Project (as applicable) shall thereafter be abated until to equal Landlord’s reasonable estimate of what such utility usage would have been had the Premises are again usable by TenantBuilding, North or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Additional Premises attributable to the time period prior to the Additional Premises Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Additional Premises prior to the Additional Premises Commencement Date and Tenant uses the Additional Premises for any purpose other than placement of personal property as set forth in Section 6.3 of the Amendment to which this Exhibit E is diligently pursuing attached, then Tenant shall be responsible for the repair cost of utilities supplied to the Additional Premises from such earlier date of possession. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of the Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of the Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Additional Premises during or, if Tenant occupies the Additional Premises after the expiration or earlier termination of the Additional Premises Term, after the Additional Premises Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Additional Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Additional Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Additional Premises based upon Tenant’s Pro Rata Share of the Building, North Campus or Project (as applicable) beyond the existing capacity of the Building, North Campus or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the Building’s, North Campus’s or Project’s (as applicable) capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building, North Campus or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 17.6 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord provides substitute services reasonably suitable shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or utility service when prevented from doing so by Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of the Lease, or to perform any act or thing for the benefit of Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent. Any disputes concerning Force Majeure or, to the foregoing extent permitted by Applicable Laws, Landlord’s negligence. 17.7 For the Additional Premises, Landlord shall be submitted (a) maintain and operate the heating, ventilating and air conditioning (“HVAC”) systems used for the Permitted Use only (“Base HVAC”) and (b) subject to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toSubsection 17.7(a), or destruction furnish Base HVAC as reasonably required (except as the Lease otherwise provides) for reasonably comfortable occupancy of the PremisesAdditional Premises twenty-four (24) hours a day, which every day during the Additional Premises Term, subject to casualty, eminent domain or as otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall be governed by the provisions have no liability, and Tenant shall have no right or remedy, on account of Article XI of the Leaseany interruption or impairment in HVAC services.

Utilities and Services. Tenant shall pay promptlyLandlord shall, directly to unless otherwise provided herein, furnish the appropriate supplier, all charges for water, gas, electricity, sewer, Leased Premises and the Building with heat, lightair conditioning, power, telephone, refuse pickup, janitorial service, interior landscape maintenance water and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2sewer services. Landlord shall not be liable for damages or otherwise responsible for any failure or interruption of any utility in such utilities or other service furnished services due to causes beyond Landlord's reasonable control or for interruptions in connection with the making of repairs or improvements to the Premises, Leased Premises or the Building. a. Landlord shall redistribute or furnish electrical energy to or for the use of Tenant in the Leased Premises for the operation of the electrical facilities installed in the Leased Premises in accordance with the provisions of this Lease. b. The plans and no such failure or interruption shall specifications to be deemed an eviction or entitle submitted by Tenant pursuant to terminate Paragraph 26 of this Lease or withhold or xxxxx any rent due shall include electrical circuitry information and shall specify Tenant's needs with respect thereto. Simultaneously with the submission of the plans and specifications, Tenant also shall submit a comprehensive list of the particular electrical and electronic equipment and appliances Tenant proposes to use in the Leased Premises. Landlord and Tenant shall mutually determine which of such items constitute ordinary and extraordinary electrical energy demands hereunder. Landlord shall at all reasonable times have free access reserves the right to all electrical designate which circuits within the Leased Premises may be used solely for items involving ordinary demands and mechanical installations of Landlordmay separately meter circuits to be used for items involving extraordinary demands. In any event, provided that Landlord shall interfere as little as reasonably practicable with be responsible only for the conduct cost of Tenant's business in a mutually agreed upon standard electrical circuitry, and Tenant shall bear the Premises. Notwithstanding the foregoingentire cost of any additional circuitry, if as a result of the actions of Landlordincluding all additional risers and other equipment, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseconnection with items involving extraordinary electrical demands.

Utilities and Services. Tenant Subtenant shall pay promptly, directly be entitled to all those services and utilities which Prime Landlord is required to provide to the appropriate supplier, all charges Subleased Premises under the terms of the Prime Lease. Subtenant shall look solely to the Prime Landlord for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance the provision of such services and all other utilities, materials and Sublandlord shall not be responsible for Prime Landlord's failure to provide the same nor shall any such failure constitute an abrogation of any other terms or conditions of this Sublease. To the extent that Sublandlord becomes obligated under the Prime Lease to pay any extra charges to Prime Landlord for any services furnished directly or utilities and such charge or increase is due to Tenant or Subtenant's use of the Subleased Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any extra utilities or services are not separately metered or assessed delivered only to TenantSubleased Premises, Landlord shall make a reasonable determination of Tenant's proportionate share of then Subtenant will pay the cost of such utilities and services and Tenant shall pay such amount charges to Landlord, Sublandlord as an item of additional rent, within ten (10) days after receipt of LandlordSublandlord's statement bill. Xubtenant will arrange to have installed, at Subtenant's sole expense, on or invoice therefor. Alternativelybefore September 30, Landlord may elect to include such cost 1999, in each of the utility closets in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs Subleased Premises, an electricity meter to measure electricity consumption by all workstations and electrical outlets in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Subleased Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to To the extent that less Sublandlord becomes obligated to pay any additional rent or other charges to Prime Landlord by reason of (i) any use by Subtenant of heating, ventilating, air conditioning other services in the Subleased Premises on Holidays or at times other than all Building Hours, or (ii) any use by Subtenant of electricity in excess of standard electrical energy requirements of five wattx xxx square foot of the Subleased Premises are affected) shall thereafter as measured by the electricity meters, then Sublandlord will be abated until entitled to reasonably estimate the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair amount of such utilities additional rent or services other charges and Landlord provides substitute services reasonably suitable for Tenant's purposesSubtenant will pay such estimated amount to Sublandlord in monthly installments on the first day of each month in advance, as for exampleadditional rent under this Sublease. Adjustments will be made by Sublandlord annually based on the actual amount of such additional rent charged by Prime Landlord, bringing in portable air-conditioning equipmentcompared to the monthly installments of the estimated amount paid by Subtenant to Sublandlord, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 Sublandlord will refund or credit any overpayment within sixty days after each anniversary of this Lease. The foregoing provisions shall not apply in case Sublease, and Subtenant will pay to Sublandlord the amount of damage to, or destruction any underpayment within thirty days after receipt of the Premises, which shall be governed by the provisions of Article XI of the LeaseSublandlord's invoice.

Utilities and Services. Landlord has elected initially to furnish, at Tenant's sole cost and expense, the electrical energy and chilled air to be used or consumed in the Demised Premises, and Tenant agrees to purchase and pay Landlord, as additional rent, for the equipment and service thereof, in accordance with Exhibit "F-1" to the Printed Lease, at the rates which the applicable public or private utility company would have charged Tenant for furnishing such utilities, plus applicable taxes thereon. Landlord reserves the right to discontinue the furnishings of both or either electrical energy and/or chilled air, and if Landlord shall so elect to discontinue same, the terms and provisions of said Exhibit "F-I" pertaining to the payment for such service shall not be applicable from and after the date of such discontinuance, and in such case. Tenant shall pay promptlycontract directly with the public or private utility company for the purchase of same as required under said Exhibit "F-1 ". Tenant acknowledges and agrees that the provision by Landlord of any utilities as herein provided is not for the purpose of reselling or re-metering for profit. Except as hereinabove provided, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant provisions of Paragraph 10 of the printed Lease are incorporated herein by this reference. EXHIBIT A EXHIBIT B EXHIBIT C - SHOPPING CENTER DESCRIPTION All that certain piece or the Premises or used by Tenant in, on or about the Premises during the Termparcel of land, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantimprovements thereon and appurtenances thereunto belonging, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities lying and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost being in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the PremisesTuckshoe Magisterial District, Henrico County, Virginia, containing 25.616 acres, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere being designated as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the PremisesParcel C, which shall be governed Parcel C includes Parcels B and E, on a plat of survey by the provisions Xxxxxx Xxxxxxxxxxxxx and Associates, Consulting Engineers, dated January 18, 1974, revised February 19, 1974 and June 8, 1974, captioned "Property Map, Regency Square Shopping Center, Henrico County, Virgin", and described with reference thereto as follows: EXHIBIT D - DESCRIPTION OF INTEGRATED SHOPPING CENTER (Parcels A, B, C, D and E as shown on Survey of Article XI of the Lease.Xxxxxx Xxxxxxxxxxxxx and Associates dated January 18, 1974, revised February 19, 1974 and further revised June 3, 1974) EXHIBIT E - Intentionally deleted EXHIBIT F - ENERGY SERVICE AND ENERGY CHARGES REGENCY SQUARE MALL

Utilities and Services. Tenant shall pay promptly, directly to It is the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share intention of the cost parties that Tenant be entitled to receive, with respect to Premises, the benefit of such any services, utilities (including water and heating) repairs, maintenance, facilities and other ongoing services and Tenant shall pay such amount to from Prime Landlord that Landlord, as an item tenant, receives with respect to the Premises under the Prime Lease and to the extent the foregoing are applicable to the Premises leased hereunder, subject in all cases to the terms of additional rentthe Prime Lease. In connection with the foregoing, within ten (10) days after receipt of Landlord's statement Tenant acknowledges and agrees that the foregoing described services can only be provided by Prime Landlord and that Landlord has no right or invoice thereforability to control the same. AlternativelyAs a result, to the extent Prime Landlord may elect to include such cost has agreed in the definition Prime Lease to provide services, utilities, repairs, facilities and other services to Sub-Landlord, as tenant, including the services under Sections 3.5, 4.1 and 4.3 of Building Costs in which event Tenant shall pay Tenant's proportionate share of the Prime Lease and provided such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished services are applicable to the Premises, and no such Landlord has rights under the Sublease to enforce that aforementioned provisions of the Prime Lease pursuant to any and all rights of Landlord contained the Sublease Landlord agrees, on behalf of Tenant, to enforce, in a reasonable manner and at Tenant's direction and cost, its rights against Prime Landlord under the Prime Lease. Tenant hereby releases and holds Landlord harmless from, and currently waives any claims arising in the future relating to, any damages, interference, costs and expenses incurred or suffered by Tenant as a result of (i) the failure of Prime Landlord to properly maintain, repair or interruption shall operate the Premises and Building systems, and (ii) the failure of Prime Landlord to supply any utility and other services to be deemed an eviction or entitle provided to Landlord, as tenant, under the Prime Lease. The payment of Fixed Basic Rent and Additional Rent by Tenant pursuant to terminate this Lease is an absolute and independent covenant and shall not be affected in any way by the failure of Prime Landlord to so maintain, repair or withhold operate or xxxxx to supply any rent due hereunder. such utility or services except if and to the extent Landlord's rental obligations to Prime Landlord shall at all reasonable times have free access under the Prime Lease are abated, reduced, suspended or offset with respect to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if Premises as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseforegoing.

Utilities and Services. Tenant shall pay promptly, directly 1. Landlord agrees to furnish or cause to be furnished to the appropriate supplierPremises, all charges during reasonable hours determined by Landlord and subject to applicable law and the rules and regulations of the Building, the following utilities and services, subject to the conditions and standards set forth herein: (i) non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, (ii) water for waterdrinking and rest room purposes, gas(iii) reasonable janitorial and cleaning services, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or provided that the Premises or are used exclusively for office purposes and are kept reasonably in order by Tenant in, on or about (if the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, Landlord shall make a reasonable determination of at Tenant's proportionate share expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant will pay Landlord for the cost of removing Tenant's refuse and rubbish, to the extent the same exceeds the refuse and rubbish attendant to normal office usage), (iv) radiant heat and air conditioning, (v) at all reasonable times, electric current as required for building standard lighting and customary office equipment. However: (a) without Landlord's consent, Tenant may not install, or permit the installation, in the Premises of any space heaters, air conditioning equipment, electronic equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing will not preclude the normal use of personal computers or similar office equipment); (b) if Tenant requires electric current which may disrupt the provision of electrical services to other Tenants or which exceeds normal usage for Tenants in the Building, Landlord may refuse to grant its consent or may condition its consent upon Tenant's paying the cost of installing and providing any additional facilities required to furnish such excess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, Tenant will pay for the cost of such utilities meter(s) and services the cost of installation, maintenance and Tenant shall repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (c) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amount amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, as including but not limited to the cost of modifications to any air conditioning system. Landlord will not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current will never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will be equitably and periodically adjusted to include an item of additional rent, payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this section are due within ten (10) business days after receipt demand by Landlord and are Additional Rental. 2. Landlord is not liable for any failure to furnish, stoppage of, or interruption in furnishing any of services or utilities, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's statement or invoice therefor. Alternativelyreasonable control, Landlord may elect and, in such event, Tenant is not entitled to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for any damages or otherwise for nor will any failure or interruption xxxxx or suspend Tenant's obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls, or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant's obligations hereunder will not be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service furnished or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant's property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the event that such services are interrupted for a period of more than ten (10) consecutive days and such interruption prevents Tenant from conducting its business at the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair period of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseinterruption.

Utilities and Services. Tenant Landlord shall pay promptly, directly furnish to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such those utilities and services described in Exhibit C, subject to the conditions and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner payment obligations and standards set forth in Section 4.2this Lease. Except as otherwise provided herein, Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Except as otherwise provided herein, Landlord’s temporary inability to the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay rent or withhold constitute a constructive or xxxxx any rent due hereunderother eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents or employeesagents, for more than three (3) consecutive business days following written notice to Landlord there is no elevator, HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's ’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of of, the Premises, Premises (which shall be governed by the provisions of Article XI 11 of the this Lease).

Utilities and Services. Landlord shall provide, subject to the terms of this Section 11, water, sewer, steam, heat, ventilation, air conditioning, passenger and service elevator, electricity, gas, refuse and trash collection, and recycling (collectively, “Utilities”). Tenant shall be responsible for its own janitorial services within the Premises, and the same shall not be included in Utilities. Landlord agrees to use commercially reasonable efforts to have at least one passenger elevator available for use at all times, except in the event of an emergency. Provided that Tenant is in occupancy of the entire non-retail space in the 00 Xxxxxx Xxxxxxxx, Xxxxxxxx agrees to designate the service elevator in the 60 Binney Building for use by only the tenants of the 60 Binney Building (in common with Landlord) with appropriate signage to be provided by Landlord at Tenant’s expense (the design and content of which signage shall be mutually acceptable to Landlord and Tenant) at the loading dock level entrance to the service elevator indicating that such service elevator serves only the tenants of the 60 Binney Building and not other tenants of the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used in the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, which charges shall be charged at Landlord’s cost without markup. Utility meters (including submeters) shall be installed in accordance with the requirements of the Work Letter. Landlord shall read and maintain the meters as part of its services hereunder, the cost of which shall be included in Operating Expenses. Tenant shall pay promptly, directly to the appropriate supplierUtility provider, all charges for waterprior to delinquency, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials any separately metered Utilities and services which may be furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term. Tenant shall pay, together with as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any taxes thereon. If any utilities cause whatsoever, shall result in eviction or services are not separately metered or assessed to constructive eviction of Tenant, Landlord shall make a reasonable determination termination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlordthis Lease or, except as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner expressly set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to below, the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted Tenant agrees to limit use of water and resolved by JAMS arbitration pursuant sewer with respect to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseCommon Areas to normal restroom use.

Utilities and Services. Landlord shall supply electricity to the Premises in accordance with Landlord’s specifications for the Building Systems, a copy of which Tenant acknowledges it has received and reviewed. Tenant shall have the right to use existing telecommunications and data conduits or, subject to Section 7.3 and the Work Letters, if and as applicable, to install new conduits, cables, equipment, and other related telecommunications and data facilities. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, powerelectricity metered to the Premises, telephone, refuse pickuptelecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) 10 business days after receipt delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 business days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall not be liable for damages mean usage of said unit(s) before 8:00 A.M. or otherwise for any failure after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or interruption after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of any utility or other service furnished to said hours by Landlord. If the HVAC unit(s) serve only the Premises, and no such failure or interruption “after hours” shall mean more than 283 hours of usage during any month during the Term. “After hours” usage shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with determined based upon the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result operation of the actions applicable HVAC unit during each of Landlordthe foregoing periods on a “non-cumulative” basis (that is, its authorized agents without regard to Tenant’s usage or employees, for more than three (3nonusage of other unit(s) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean (i) $10.00 per hour for each hour of “after hours” use for HVAC unit(s) that serve only the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent in addition to the extent that less than all applicable electricity charges paid to the utility provider), and (ii) $25.25 per hour for each hour of “after hours” use for HVAC unit(s) servicing both the Premises and other leased premises in the Building (inclusive of the Premises are affected) shall thereafter be abated until applicable electricity charges paid to the Premises are again usable by Tenant; providedutility provider). Alteryx, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.Inc.

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of furnish, or cause to be furnished to the Premises, Tenant's proportionate share ’s Total Proportionate Share of the cost Building’s Electricity (defined below) and Tenant’s Total Proportionate Share of such Building’s HVAC (defined below), subject to the conditions and in accordance with the standards set forth therein and in this Lease. Landlord acknowledges and agrees that as of the Commencement Date, the Building contains (i) a 10 megahertz feeder for electricity (“Building’s Electricity”), and (ii) 2600 tons of cooling capacity (“Building’s HVAC”). During the Lease Term, Tenant shall have the right to use Tenant’s Total Proportionate Share of the Building’s Electricity and the Building’s HVAC in the Premises. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2described herein. Landlord shall not be liable to Tenant for damages the failure of any other tenant, or otherwise its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or services in quantities greater than Tenant’s Total Proportionate Share of the Building’s Electricity and/or the Building’s HVAC, then Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional (i) electric current, in excess of the Building’s Electricity, or (ii) water or gas in excess of Tenant’s Total Proportionate Share for water or gas for Tenant’s use in the Premises, and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided in this paragraph, Landlord may require a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein for any failure reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or other service furnished shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the Premisesadequacy or fitness of the Building’s ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of a utility service to the Premises from a cause within the reasonable control of Landlord results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent and no such failure or interruption Operating Costs shall be deemed abated commencing on that date which is five (5) business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant’s business. Additionally, if an eviction interruption or entitle cessation of a utility service to more than fifty percent (50%) of the Premises from a cause within the reasonable control of Landlord results in more than fifty percent (50%) of the Premises being unusable by Tenant for the conduct of Tenant’s business for a period of one hundred eighty (180) consecutive days, then Tenant shall have the right to terminate the Lease for the entire Premises by providing Landlord with written notice of such termination following such one hundred eighty (180) day period but prior to the restoration of utility services to the Premises or portion of the Premises being affected. Notwithstanding anything in the Lease to the contrary, if the interruption or cessation of utility services is caused by fire or other casualty, or by condemnation, then this paragraph shall not apply and the provisions of Paragraph 9 (in the event of a fire or other casualty) or Paragraph 10 (in the event of a condemnation) shall prevail in determining Tenant’s rights to abatement of Rent and Tenant shall not have a right to terminate this Lease or withhold or xxxxx any rent due hereunder. under this Paragraph 7(d). (e) Landlord shall at all reserves the right from time to time to make reasonable times have free access and nondiscriminatory modifications to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, above standards for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 16.1. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Power shall be separately sub-metered to Tenant. If any utilities or services are other utility is not separately metered or assessed sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost commences business operations in the definition of Building Costs in which event Premises, then Tenant shall pay Tenant's proportionate share be responsible for the cost of utilities supplied to the Premises from such costs in the manner set forth in Section 4.2earlier date. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or, except as set forth in this Section, any abatement or withhold reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or xxxxx any rent due hereunderagreement of this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesapplicable time based on historic meteorological records. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the actions of Landlord, its authorized agents or employeesif, for more than three five (35) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is no caused by any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant's Basic ’s Base Rent and Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant's purposes’s continued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in supplying potable water or portable air-air conditioning equipment), then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing neither Base Rent nor Operating Expenses shall be submitted abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and resolved by JAMS arbitration Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to Section 22.7 this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Lease. The foregoing provisions Section shall not apply be Tenant’s sole recourse and remedy in case the event of damage to, an interruption of HVAC or destruction of other utilities to the Premises, which shall be governed by the provisions of Article XI of the Leaseincluding related to Section 16.8.

Utilities and Services. The Premises shall be separately metered by Landlord for electricity and gas, the charges for which Tenant shall pay promptly, directly to the appropriate supplierutility companies, and Landlord shall not impose any restriction on Tenant's use thereof, except to the extent required by law. Landlord shall deliver the Premises with separate HVAC systems for the Premises, which systems may be used by Tenant without restriction so long as Tenant maintains and repairs the same in accordance with this Lease. Tenant shall be solely responsible for and shall promptly pay all charges for heat, air conditioning, water, gas, electricityelectricity or any other utility used, sewerconsumed or provided in, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and furnished to or attributable to the Premises at the rates charged by the supplying utility companies and/or Landlord. Should Landlord elect to supply any or all other of such utilities, materials Tenant agrees to purchase and services furnished directly pay for the same as additional rent as apportioned by Landlord. The rate to be charged to Landlord to Tenant or shall not exceed the Premises or used rate charged to Landlord by Tenant in, on or about the Premises during the Term, together with any taxes thereonsupplying utility. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, reimburse Landlord within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternativelybilling for fixture charges and/or water tariffs, if applicable, which are charged to Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Building by the local utility company, and will be due as additional rent. In no event shall not Landlord be liable for damages any interruption or otherwise for any failure or interruption in the supply of any such utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 1.9.1 Until Landlord notifies Tenant otherwise, Landlord will pay for City of Rexburg water, sewer and waste disposal services (collectively, “City Services”). Landlord reserves the right to discontinue payment for City Services upon thirty (30) days written notice to Tenant. After such notice, Landlord will bill Tenant for City Services, which shall be payable by Tenant to Landlord within five (5) business days after receipt of billing. 1.9.2 Landlord currently provides, but is under no obligation to continue, basic satellite television (“TV”) and high-speed internet (“Internet”) service to the Premises and high-speed internet services to the clubhouse. Internet service and TV service are referred together as the “Services”. Tenant shall pay promptlyLandlord a fee (the “Communication Fee”) of Twenty-Seven Dollars and Fifty cents per month in exchange for the Services. The Communication Fee shall constitute additional rent and shall be paid by Tenant at the same time and in the same manner as Base Rent. If Tenant fails to timely pay any installment of the Communication Fee, directly Landlord may elect, without waiving or limiting any other rights or remedies available to Landlord, to immediately disconnect the Services to the appropriate supplierPremises without prior notice to Tenant. Landlord shall have the right in its sole discretion to change or discontinue the Services and increase the Communication Fee upon twenty (20) days prior written notice to Tenant. In no event shall Landlord be liable to Tenant for the performance or availability of the Services and Tenant waives all claims against Landlord for the interruption of the Services arising from any cause whatsoever (whether foreseen or unforeseen), all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and including without limitation any claim of a right to withhold or recover Communication Fees. 1.9.3 Tenant will pay all other utilities, materials including electricity and services furnished directly gas. Tenant must contact the electric power and gas companies to Tenant or place such utility accounts in Tenant’s name prior to occupancy of the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonPremises. If Tenant fails to pay any utilities or services are not separately metered or assessed to Tenantutility bill when due, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay be in breach of this Lease. In such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternativelyevent, Landlord may elect apply all or any portion of the bill to include such cost in the definition of Building Costs in which event Tenant shall pay Tenanttenant's proportionate share of such costs in the manner set forth in Section 4.2monthly charges. Landlord shall not be liable may also charge an additional Twenty Five (25) Dollar administration fee for damages each utility. Tenant must deliver to Landlord evidence of payment of all electricity and gas utility bills prior to vacating the Premises. 1.9.4 Interruption or otherwise for any failure or interruption of any utility or other service furnished or supplied to the Premises, and no such failure or interruption Premises shall be deemed an eviction or not entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of claim against Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business to any reduction in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the PremisesBase Rent, or such an interruption to a refund of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used any amounts paid by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the LeaseTenant hereunder.

Utilities and Services. Except as noted in this Section and elsewhere --------- --- -------- in this Lease regarding Tenant paid utilities, Landlord will operate and maintain the Building in a professional manner befitting a comparable first- class office/R&D building in the Reston/Herndon area. A separate electric meter currently exists for the Original Premises. Tenant shall furnish its own electricity to the Original Premises and shall pay the entire cost thereof, and Landlord shall have no responsibility for providing any such electric utility for the Original Premises. To the extent utilities for the Expansion Space are commonly metered, Tenant shall pay promptlyLandlord as additional rent one hundred percent (100%) of its Proportionate Share for such utilities. If Tenant's use of any such utilities is other than for normal office use and/or disproportionate to other office tenants of the Office Park, directly then Landlord and Tenant each have the right, at Tenant's sole cost and expense, to have a separate meter installed upon the Expansion Space. If a separate meter is installed upon the Expansion Space, Tenant will pay to the utility company (or, at Landlord's request, to Landlord) all charges for the Expansion Space on the basis of such meter readings. To the extent utilities for the Expansion Space are not commonly metered, Tenant agrees to pay promptly to the appropriate supplier, supplier all charges for water, gas, electricitysteam, sewerelectricity or other power source, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilitiesutility services used and/or supplied in connection with Tenant's use of the Expansion Space. Tenant shall also pay on a timely basis to the appropriate supplier all charges for telephone and all other communication services used, materials rendered and/or supplied upon or in connection with the Expansion Space." 12. The following new Section 54 is hereby added to the Lease as follows: (a) Upon the execution of the First Amendment to Lease, Landlord agrees to construct the improvements to the Expansion Space pursuant to plans and services furnished directly to specifications which shall be mutually agreed upon by Landlord and Tenant or (the Premises or used "Plans"'). If there are any changes requested by Tenant inafter Tenant's and Landlord's mutual approval of the Plans, on or about then Tenant shall be responsible for all costs and expenses resulting from such changes if such costs and expenses exceed the Premises during Tenant Improvement Allowance (as hereinafter defined). No such changes shall be made without: Landlord's prior written approval. Landlord shall not responsible for delay in construction because of changes to the Term, together with Plans after the mutual approval by Landlord and Tenant. Upon the completion of any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantnecessary revised Plans, Landlord shall make a reasonable determination notify Tenant in writing of the cost which will be chargeable to Tenant by reason of such change(s) and Landlord's Expansion Space Lease Commencement Date due to such change, and Tenant shall, within five (5) days, notify Landlord whether it desires to proceed with such changes. If Tenant does not notify Landlord whether it desires such change within the aforesaid five (5) day period, Landlord shall not be obligated to continue work on the construction and may suspend work until such notice is given by Tenant's proportionate share of . In addition, if Tenant fails to pay Landlord the cost of such utilities change if such cost shall exceed the Tenant Improvement Allowance, the Landlord may suspend work until Landlord receives Tenant's payment of such excess. (b) Landlord hereby grants to Tenant an allowance toward the cost of the tenant improvements to the Expansion Space in an amount not to exceed Twenty Seven Thousand Seventy-Nine and services and 00/100 Dollars ($27,079.00) (the "Tenant Improvement Allowance"). In the event that the cost of the tenant improvements for the Expansion Space exceed the Tenant Improvement Allowance (any such excess is hereby referred to as the "Allowance Excess"), then Tenant shall pay such amount to Landlord, as an item be liable for the Allowance Excess and shall reimburse Landlord within seven (7) business days of additional rent, within ten (10) days after Tenant's receipt of Landlord's statement or invoice thereforfor such Allowance Excess." 13. AlternativelyExcept as amended hereby, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until terms and provisions of the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing Lease shall be submitted and remain in full force and effect including but not limited to and resolved by JAMS arbitration pursuant to the renewal option contained in Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Lease7.

Utilities and Services. Tenant shall pay promptlybe separately metered for the electricity, gas, water (unless included by Landlord as part of Operating Expenses), telephone for the Premises or other services which are metered, chargeable or provided to the Premises, at Tenant’s sole cost and expense. Tenant shall make all such payments directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance service provider as and all other utilities, materials and services furnished directly when bills are rendered (or to Landlord in the event Landlord or Tenant or provides submeters instead of the Premises or used by utility company’s meters). Should Tenant in, on or about the Premises during the Term, together with fail to pay any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantsuch amounts, Landlord shall make a reasonable determination of have the right to pay the same on Tenant's proportionate share of the cost of such utilities and services ’s behalf and Tenant shall pay reimburse Landlord for all costs and expenses incurred by Landlord in conjunction with such amount to Landlord, as an item of additional rent, payment within ten (10) days after receipt of Landlord's statement or invoice demand therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of All such costs in the manner set forth in Section 4.2and expenses incurred by Landlord on Tenant’s behalf shall be deemed additional rent payable by Tenant and collectible by Landlord as such. Landlord shall designate the electricity utility provider from time to time. In addition, Tenant shall also pay directly to Landlord (as part of Operating Expenses) Tenant’s Share of the costs of electricity, gas, water and other services for the Common Areas. Landlord may assess (and Tenant shall pay) a different share of any utilities or services as may be reasonably and equitably determined by Landlord in order to better allocate such costs to reflect the actual usage among tenants. At no time shall use of electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not be liable (i) cause damage or injury to the Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses, or (iv) interfere with or disturb other tenants or occupants of the Building. Tenant shall cooperate fully at all times with Landlord, and abide by all reasonable regulations and requirements which Landlord may prescribe, and furnish to Tenant, for damages the proper functioning and protection of the Building’s services and systems. Tenant shall not use any apparatus or device in, upon or about the Premises which may in any way exceed the capacity of services or utilities furnished or supplied to the Premises or other premises in the Building. In addition, Tenant shall not connect any conduit, pipe, apparatus or other device to the Building’s water, waste or other supply lines or systems for any purpose except as expressly permitted by this Lease. Neither Tenant nor its employees, agents, contractors, licensees or invitees shall at any time enter, adjust, tamper with, touch or otherwise in any manner affect the Systems of the Building and/or the Project. Tenant agrees at its expense to install a meter (or submeter) for any failure or interruption of any utility or other the water service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant pay all charges of water and sewer service to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseprovided above.

Utilities and Services. 16.1. Tenant shall pay promptlyfor all water (including the cost to service, directly to the appropriate supplierrepair and replace reverse osmosis, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services and utilities. Tenant shall pay such amount not be liable for the cost of utilities supplied to Landlordthe Premises attributable to the time period prior to the Term Commencement Date; provided, as an item however, that (a) Tenant shall be responsible for the cost of additional rent, within ten utilities for the Second Floor Premises from the date that Tenant first accesses the Second Floor Premises for the purpose of performing the Second Floor Tenant Improvements after the Execution Date and (10b) days after receipt if Landlord shall permit Tenant possession of Landlord's statement or invoice therefor. Alternatively, Landlord may elect the Premises prior to include such cost the Term Commencement Date for the purpose of conducting Tenant’s business operations in the definition Premises other than placement of Building Costs in which event personal property, then Tenant shall pay Tenant's proportionate share be responsible for the cost of utilities supplied to the Premises from such costs in the manner set forth in Section 4.2earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (including any liability for consequential damages, opportunity costs or lost profits incurred or suffered by Tenant as a result thereof). In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or xxxxx reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents covenant or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 agreement of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Premises, which shall be governed by Property at the provisions of Article XI of the Leaseapplicable time based on historic meteorological records.

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of Tenant's proportionate share of furnish, or cause to be furnished to the cost of such Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease; however, Landlord may, in its sole discretion, require that Tenant, at its sole cost and expense, obtain the electricity to be consumed at the Premises by contracting directly with utility providers, at its expense (with payments to be made by Tenant shall pay such directly to Tenant’s electricity provider), in an amount to accommodate seasonal changes to permit comfortable operation of the Premises and to prevent damage to the Premises, which electrical consumption may be separately metered by Landlord. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, as established by an item of additional rent, within ten independent licensed engineer. Said estimates to be reviewed and adjusted quarterly. (10b) days after receipt of Landlord's statement or invoice therefor. Alternatively, Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may elect from time to include such cost time prescribe for the use of the utilities and services described herein and in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Exhibit C. Landlord shall not be liable to Tenant for damages the failure of any other tenant, or otherwise its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord may proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided hereunder, Landlord may require additional switch and metering systems to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any failure reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Tenant shall be required to cooperate with the energy conservation efforts of governmental agencies or utility suppliers or those implemented by Landlord. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other service furnished systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. (e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services. (f) Tenant shall not use the Premises in any manner that will cause the Building or any part thereof not to conform with Landlord’s operations and maintenance practices for the Building, whether incorporated into the Rules and Regulations, separate written sustainability policies or otherwise implemented by Landlord, as they may be revised from time to time, addressing energy efficiency; water efficiency; recycling, composting, and waste management; indoor air quality; chemical use; and other best practices adopted by Landlord in connection with the certification of the Building issued pursuant to the applicable Green Building Standard, as hereinafter defined (the “Landlord’s Sustainability Practices”). All Alterations, additions or improvements to the Premises, and no such failure or interruption to the extent permitted in this Lease, shall be deemed an eviction in accordance with Rules and Regulations in effect with respect thereto and the requirements of Landlord’s Sustainability Practices, including the applicable Green Building Standard concerning the environmental compliance of the Building, as the same may change from time to time, and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Tenant acknowledges that the Building is or entitle may be in the future be certified or rated pursuant to the U.S. EPA’s Energy Star ® Portfolio Manager, the Green Building Initiative’s Green Globes™ building rating system, the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) building rating system, the ASHRAE Building Energy Quotient (BEQ), or operated to meet another standard for high performance buildings adopted by Landlord (collectively, the “Green Building Standard”). In addition, as contemplated by Nonresidential Building Energy Use Disclosure Program (AB 1103) Landlord may collect and maintain records regarding energy and utilities usage at the Project. As and when requested by Landlord during the Term, to the extent reasonably available to Tenant, Tenant shall provide Landlord (in the format requested by Landlord and reasonably necessary or desirable to terminate this Lease comply with the requirements of the applicable Green Building Standard or withhold any commissioning or xxxxx any rent due hereunderretro-commissioning of the Building’s systems or the Nonresidential Building Energy Use Disclosure Program) with data concerning Tenant’s energy consumption, water consumption, and the operation of the Building’s systems. Such data may include, without limitation, Tenant’s operating hours, the number of on-site personnel, the types of equipment used at the Building (including computer equipment, if applicable), office supply purchases, light bulb purchases, cleaning product materials (both chemicals and paper products), as applicable, and energy use and cost. Landlord may post such information to its account with the EPA’s ENERGY STAR® program Portfolio Manager and disclose such information to the California Energy Commission, lenders, its constituents, consultants and advisors and prospective purchasers, investors and lenders. Landlord shall at all reasonable times have free access no liability to all electrical Tenant if, once obtained, any such Green Building Standard rating or certification lapses and mechanical installations of is not reinstated by Landlord. In addition, provided that Landlord shall interfere not be required to treat the information collected by Landlord pursuant to this paragraph as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result confidential and shall have no liability to Tenant on account of the actions disclosure of such information. Tenant shall continually during the Term maintain the Premises in accordance with all present and future laws, Landlord’s Sustainability Practices and the standards recommended by the Board of Fire Underwriters applicable to any work, its authorized agents installation, occupancy, use or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion manner of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion use by Tenant of the Premises cannot be used by Tenantor any part thereof, then and shall, at Tenant's Basic Rent (or an equitable portion of such Basic Rent to expense, obtain all permits, licenses and the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable like required by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of the Premises, which shall be governed by the provisions of Article XI of the Leaseapplicable law.

Utilities and Services. Tenant shall pay promptly, directly Landlord agrees to furnish to the appropriate supplierPremises during reasonable hours of generally recognized business days, all charges subject to the conditions and in accordance with the standards set forth in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for waternormal lighting and fractional horsepower office machines, gaswater for lavatory and drinking purposes, electricity, sewer, heat, light, power, telephone, refuse pickupheat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used elevator service (where appropriate) by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2non-attended automatic elevators. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or other labor disturbances or labor disputes of any character, or for any failure other causes; provided, however, Landlord shall use reasonable efforts to promptly restore any disrupted utility service unless such disruption is a result of Tenant's nonpayment of utility charges. If Tenant requires or interruption of any utility utilizes more water or other service furnished electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as Additional Rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and no such failure Tenant thereafter shall pay all charges of the utility(ies) which is separately metered. Tenant shall cooperate with any present or future conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall be deemed an eviction or entitle Tenant use reasonable diligence to terminate this Lease or withhold or xxxxx any rent due hereunderresume services promptly. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of the Building, including but not limited to air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets. Tenant acknowledges that the Project, Building and/or Premises may become subject to the rationing of utility services, or restrictions on use of such utility services during the Term. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its tenancy and occupancy under this Lease shall be subject to such rationing or restrictions as are now or which may be imposed upon Landlord, provided that Landlord shall interfere as little as reasonably practicable with Tenant, the conduct of Tenant's business in Project, the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents Building or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such an interruption of other essential utilities and building services, such as fire protection rationing or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantrestrictions; provided, however, that if in no event shall Landlord is diligently pursuing provide the repair Premises with electrical service of less than 110/208 volts 3 phase 4 wire and 800 amps. Tenant shall comply with any rationing or restrictions imposed by Landlord or any empowered authority which arise from any such utilities rationing or services and restrictions, including, without limitation, any allocation by Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction rights among tenants of the Premises, which shall be governed by Project to the provisions use of Article XI of the Leaseutility services.

Utilities and Services. (a) Provided that Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of Tenant's proportionate share of furnish, or cause to be furnished to the cost of such Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant shall pay such amount agrees to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may elect from time to include such cost time prescribe for the use of the utilities and services described herein and in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Exhibit C. Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other service representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the Premisesconditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and no such failure or interruption a determination that the installation and use thereof (i) shall be deemed an eviction permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or entitle Tenant injury to terminate this Lease the Building or withhold adversely affect the value of the Building or xxxxx any rent due hereunderthe Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall at all reasonable times have free access to all electrical and mechanical installations be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided hereunder, provided that Landlord may require a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premisesbe paid by Tenant upon demand. Notwithstanding the foregoing, if as a result of Landlord shall have the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice right to Landlord there is no HVAC or electricity services contract with any utility provider it deems appropriate to all or a portion of the Premises, or such an interruption of other essential provide utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affectedProject. (d) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Basic Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation, when caused by accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Any disputes concerning the foregoing Landlord shall be submitted entitled to and resolved by JAMS arbitration pursuant cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to Section 22.7 of perform any covenant or agreement under this Lease. The foregoing provisions In the event of any failure, stoppage or interruption thereof, Landlord shall not apply in case of damage to, use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or destruction fitness of the PremisesBuilding’s ventilating, which shall air conditioning or other systems to maintain temperatures as may be governed by required for the operation of any computer, data processing or other special equipment of Tenant. Tenant hereby waives the provisions of Article XI California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. (e) Landlord reserves the Leaseright from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services.