Common use of Utilities and Services Clause in Contracts

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”Tenant shall provide all janitorial, trash disposal, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility serviceutilities services, including any change that makes the utility supplied less suitable for Tenant’s needsbut not limited to electrical, or for any failurewater, interruptiongas and sewer, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case . Tenant thereafter shall separately contract for these services and shall pay for all charges associated costs directly. Tenant shall comply with all governmental laws or regulations regarding the use or reduction of use of utilities in the utility providing such Premises. Landlord shall take all reasonable steps to correct any interruptions in service to the Premises directly to extent required under Section 6 hereof. Landlord shall, as a part of the purveyor thereof or (b) separate submeter(s) construction of the Building and Premises, pay any municipal tap and impact fees for the Premises at Tenantprior to the Commencement Date. In the event that any services or utilities are interrupted and (i) the interruption is caused by a matter within Landlord’s sole cost control or is caused by a matter outside of Landlord’s control but is covered by Landlord’s rent-loss insurance (if any), (ii) such interruption causes the use of all or a material portion of the Premises to be materially, adversely affected or causes all or a material portion of the Premises to be untenantable, and expense(iii) the services or utilities are interrupted for three (3) or more consecutive days, then Tenant shall be entitled to a total abatement of the Base Rent attributable to any untenantable portion of the Premises in which case Tenant thereafter discontinues operations during the interruption. Any abatement to which Tenant is entitled, as described above, shall pay to Landlord upon demand, an amount equal begin on such third day and shall continue until the interrupted service is restored. Notwithstanding anything hereinabove to the Actual Electrical Costs contrary, Tenant shall have all rights under North Carolina law to pursue claims for constructive eviction or other similar claims (defined herein belowbut not any claims for damages) for all electrical energy delivered during each monthbecause of any interruptions of such services or utilities to the Premises, as measured by where such submeter(s)interruptions are caused by, and in either case, or are within the cost control of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating ExpensesLandlord. “.

Utilities and Services. Landlord agrees Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to furnish the Subleased Premises beyond that usually supplied for general office use; or cause (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be furnished conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services described specified in the Standards this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for Utilities all telephone and Services which are attached hereto as Exhibit “E”, all other materials and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause services not expressly required to be provided by Sublandlord, which may be furnished any of to or used in, on or about the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes Subleased Premises during the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Sublease Term.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards for Utilities and Services which are attached hereto as Exhibit “E”Premises or used by Tenant in, and incorporated herein by this reference (“Standards for Utilities and Services”)on or about the Premises during the Term, subject to the conditions and in accordance together with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordtaxes thereon. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the actions of utility serviceLandlord, including any change its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that makes the utility supplied less Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent 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 needspurposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to any abatement or reduction Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentdestruction of, the costPremises, as determined which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service Lease. Landlord shall, upon at least 24 hours prior notice to the Premises directly Tenant and during normal business hours (except in cases of emergency), have free access to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If However, 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 fault of Tenant requires or utilizes more water or electrical power and for reasons other than is considered as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an 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 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times, Landlord mayupon reasonable advanced notice and during normal business hours (except in the case of emergency when no advanced notice shall be required), at its option, require Tenant have free access to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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 at any time after the Commencement Date 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 described and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the Standards for Utilities and Services definition of Project Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the actions of utility serviceLandlord, including any change its agents, contractors or employees 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 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 makes all or a portion of the utility supplied 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 useable 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to any abatement or reduction Section 22.7 of Rent, no eviction of Tenant this Lease. The foregoing provisions shall result from be Tenant's sole recourse and Tenant shall not be relieved from the performance of any covenant or agreement remedy in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failurean interruption of services, interruption, stoppage or defect, Landlord and shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power not apply in the case of the actions of parties other than is considered reasonable or normal by Landlord, Landlord mayits employees, at its optioncontractors or authorized agents, require Tenant to payor in case of damage to, as Additional Rentor destruction of, the costPremises, as determined which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and Services which are attached hereto as Exhibit “E”, services (at rates that would have been payable if such utilities and incorporated herein services had been directly billed by this reference the utilities or services providers) and Tenant shall pay such share to Landlord within thirty (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. 30) days after receipt of Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordwritten statement. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, other Building service and no such failure or defect in any utility service. In addition, interruption shall entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of any such change, failure, interruption, stoppage or defectwithhold sums due hereunder. In the event of any such failure, interruption, stoppage or defectutility “deregulation”, Landlord shall diligently attempt to cause choose the service to be resumed promptlyprovider. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordshall have the exclusive control over the heating, Landlord mayventilating and air-conditioning (“HVAC”) system serving the Leased Premises on a 24 hour a day/7 day a week basis. Notwithstanding the foregoing, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: if (a) separate meter(ssuch interruption of service is caused by the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, rent shall xxxxx with respect to the area which is affected for each such consecutive day after said five (5) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises at shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. The abatement herein provided shall be Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges exclusive remedy for interruption of the service. Landlord agrees to use its reasonable efforts to restore such utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “soon as possible.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and Services which are attached hereto as Exhibit “E”, services (at rates that would have been payable if such utilities and incorporated herein services had been directly billed by this reference the utilities or services providers to Tenant) and Tenant shall pay such share to Landlord within fifteen (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. 15) days after receipt of Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordwritten statement. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, other building service and no such failure or defect in any utility service. In addition, interruption shall entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of any such change, failure, interruption, stoppage or defectwithhold sums due hereunder. In the event of any such failureutility “deregulation”, interruption, stoppage or defectLandlord may choose the service provider. Notwithstanding anything in this Lease to the contrary, Landlord shall diligently attempt use commercially reasonable efforts to cause promptly restore utility service, provided that such restoration is within Landlord’s control. In the event restoration of service is within Landlord’s control and Landlord fails to restore such service within a reasonable time, thereby causing the Leased Premises to be resumed promptly. If rendered untenantable by Tenant requires or utilizes more water or electrical power than (meaning that Tenant is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant unable to pay, as Additional Rent, the cost, as determined by Landlord, of use such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building normal course of its business) for more than ten (10) consecutive days after receipt of notice from Tenant that such service has been interrupted and Project a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent shall be excluded from Operating Expenses. “xxxxx on a per diem basis for each day after such ten (10) day period during which the Leased Premises remain untenantable.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption that is reasonably within the control of Landlord to correct and through no fault of Tenant requires or utilizes more water or electrical power and for reasons other than is considered as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an abatement of rent payable hereunder during the period beginning on the 6th consecutive business day of the service interruption and ending on the day the service has been restored. 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 or normal conservation practices established by Landlord. Subject to the notice provisions of Section 7.5 below, Landlord may, shall at its option, require Tenant all reasonable times have free access to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth thereinin this Lease. Landlord’s failure to furnish furnish, or cause any interruption, diminishment or termination of, services due to be furnished the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the foregoing items occurrence of an event of force majeure (defined in Section 20.8) shall not result in any liability render Landlord liable to Tenant, constitute a constructive eviction of Landlord. Landlord shall not be responsible or liable for any lossTenant, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled give rise to any an abatement or reduction of Rent, no eviction of nor relieve Tenant shall result from and Tenant shall not be relieved from the performance of obligation to fulfill any covenant or agreement in this Lease by reason of any such changeagreement, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption that is reasonably within the control of Landlord to correct and through no fault of Tenant requires or utilizes more water or electrical power and for reasons other than is considered as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 6th consecutive business day of the service interruption and ending on the day the service has been restored. 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times, Landlord mayupon reasonable advanced notice and during normal business hours (except in the case of emergency when no advance notice shall be required), at its option, require Tenant have free access to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord agrees shall have no obligation to furnish any utilities or cause to be furnished services to the Premises or any equipment providing for the utilities same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and services described air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), order to supply HVAC shall be subject to the conditions provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and in accordance with tubes as it shall require for the standards set forth thereinPremises. Landlord’s failure to furnish or cause to be furnished If any of the foregoing items shall utilities or services are not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for separately metered to Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered pay a reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the costproportion, as determined by Landlord, of such extraordinary usageall charges jointly serving the Premises and other premises. In additionLandlord shall not be liable for any damages directly or indirectly resulting from nor shall the Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord may install: under this Lease be abated or reduced by reason of (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseinstallation, use or interruption of use of any equipment used in which case Tenant thereafter shall pay all charges connection with the furnishing of any of the utility providing such service to the Premises directly to the purveyor thereof or foregoing utilities and services, (b) separate submeter(sfailure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) for 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 at Tenant’s sole cost or the Real Property. Landlord shall be entitled to cooperate voluntarily and expensein a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in which case Tenant thereafter reducing energy or other resource consumption. The obligation to make services available hereunder shall pay to Landlord upon demand, an amount equal be subject to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthlimitations of any such voluntary, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable program.

Utilities and Services. Landlord agrees shall use all reasonable efforts to furnish or cause to be furnished (as part of Operating Expenses) heating, ventilation, air conditioning, janitorial service, electricity for normal lighting and office machines, cold water for reasonable and normal drinking, and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and elevator service, if applicable, and if currently being provided to the Premises the ("Landlord's Services"). Said services and utilities shall be provided on a 24-hour, 7-day a week basis, except for HVAC, janitorial and building maintenance services which shall be provided during building operating hours. Such utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), required at other times shall be subject to a reasonable charge. Such charge for HVAC services shall be as follows: $25 per hour for the conditions first 500 hours of usage in each calendar year and $35 per hour of usage in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any excess of the foregoing items shall not result 500 hours in any liability of Landlordcalendar year and including a reasonable administrative charge for Landlord as determined by Landlord from time to time. Landlord shall not be responsible or liable for failure to furnish any lossof the utilities described in this paragraph 16.9, damageand Tenant shall have no right to abatement of rental hereunder or to termination of this Lease with respect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or expense that Tenant may incur as a result injury to property, however occurring through or in connection with or incidental to the furnishing of any change of utility servicethe services enumerated above. Tenant agrees to exercise due care and prudence in the use of Landlord's Services and will comply with all federal, including any change that makes state, and local guidelines concerning the utility supplied less suitable for Tenant’s needssame. No heating, cooling, refrigeration or for any failurecooking equipment or office machines or equipment requiring electric current in excess of 110 volts shall be used in the Premises without Landlord's consent, interruption, stoppage, or defect in any utility service. In addition, Tenant which consent shall not be entitled unreasonably withheld or delayed, provided however that such consent may be conditioned upon Tenant paying for direct expense as reasonably estimated by Landlord on account of the installation and use of such equipment. Nothing herein shall be deemed to any abatement waive Tenant's right to claim damages against Landlord for Landlord's failure to comply with Section 12.5 and the first sentence of this Section 16.9, nor in connection with the negligence or reduction willful acts of RentLandlord or its employees, no eviction agents or contractors, or the right of Tenant shall result from and Tenant shall not be relieved from to claim constructive eviction under Florida law in the performance case of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In interruption which is not beyond Landlord's reasonable control and where Tenant vacates the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Premises.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If Tenant requires or utilizes more water or electrical power than is considered 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption or repair that is reasonably within the control of Landlord mayto correct and through no fault of Tenant and for reasons other than as contemplated in Article 11, at its option, require Tenant to paythen Tenant, as Additional Rentits sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for period beginning on the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges 6th consecutive business day of the utility providing such service to interruption or repair and ending on the Premises directly to day the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “service has been restored.

Utilities and Services. Landlord agrees Tenant represents that it is familiar with the standards for all utilities servicing the Premises, including, without limitation, the capacity of the feeders to furnish or cause to be furnished the Building and the risers and wiring installations and standards set forth in attached Exhibit D. Tenant shall contract directly with all utility companies and similar providers for utilities and services to the Premises the utilities and pay directly for all such services described in the Standards for Utilities (which shall include, without limitation, all water, sewer, electrical, cable and Services which are attached hereto as Exhibit “E”other electronic data transmission services), and incorporated herein by this reference (“Standards for Utilities Landlord shall have no obligation to provide any such services. Notwithstanding the foregoing, any installation of utility lines, including, without limitation, Building Cable whether or not through any existing conduits or risers, and Services”)any trenching over the Premises to install wiring or cable, subject whether or not over existing utility easements, shall be considered an alteration to the conditions Building Structure and in accordance with Systems. Unless directly caused by the standards set forth therein. gross active negligence or the intentional misconduct of Landlord’s failure , the interruption of any utilities or services to furnish or cause to be furnished any of the foregoing items Building shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure (whether such failure affects HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. Any such interruption shall include, without limitation, failure of services caused by reason (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any such changecharacter; (iii) governmental regulation, failuremoratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof fuel; or (bv) separate submeter(s) for the Premises at Tenantany other cause beyond Landlord’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable control.

Utilities and Services. (a) Landlord agrees to furnish or cause to be furnished to the Premises during the utilities Business Hours (and services described in during non-Business Hours, subject to the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by terms of this reference (“Standards for Utilities and Services”Section 14), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any in this Lease, adequate quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and cold), heat and air conditioning required in the comfortable use and occupation of the foregoing items shall not result in Premises, and elevator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any liability additional or unusual janitorial services required by Tenant’s carelessness or the nature of LandlordTenant’s business that is inconsistent with the Use permitted under this Lease. Landlord shall not be responsible obligated to service, maintain, repair or liable for replace any loss, damagesystem or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, or expense that Tenant may incur as which is a result specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent light tubes, irrespective of any change of utility service, including any change incandescent fixtures that makes may have been installed in the utility supplied less suitable for Premises at Tenant’s needsexpense). Landlord shall not be liable for, or for any failure, interruption, stoppage, or defect and (except as provided in any utility service. In addition, Section 14(b) below) Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord’s failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any such failurecharacter or for any other causes; provided, interruption, stoppage or defecthowever, Landlord shall diligently attempt use its reasonable efforts to cause service such services to be resumed promptlyrestored as soon as possible. If Tenant requires hereby waives the provisions of California Civil Code Section 1932(1) or utilizes more water any other applicable existing or electrical power than is considered reasonable future law, ordinance or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, governmental regulation permitting the cost, as determined by Landlord, termination of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service this Lease due to the Premises directly interruption or failure of any services to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “provided under this Lease.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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; provided, however, Tenant shall not be obligated to pay directly for any utilities, water, gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc. to the extent such costs are billed to Tenant as Operating Expenses for the Project. Tenant, at its sole cost, may select and retain a janitorial service company to clean the Premises at such times and in a manner consistent with the operation of a first class office building. 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 described 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 Standards for Utilities and Services definition of Building Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. In exercising Landlord's right of free access to all mechanical and electrical installations, or expense that Tenant may incur Landlord shall not unreasonably interfere with Tenant's use and enjoyment of the Premises. Notwithstanding the foregoing, if as a result of any change the actions of utility serviceLandlord, including any change 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 makes all or a portion of the utility supplied 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to any abatement or reduction and resolved by JAMS arbitration pursuant to Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentdestruction of, the costPremises, as determined which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Landlord agrees to furnish or Landlord, at its expense, shall cause the Leased Premises to be furnished individually metered for gas and electricity service, and shall install the meters and meter vaults and provide the service connections specified in the Plans and Specifications and as otherwise customarily provided. Landlord shall pay for all impact fees, tap fees, hook-up fees, sewer capacity fees, meters, meter vaults and any and all other associated fees whatsoever in connection with the provision of utilities to the Premises Leased Premises, except Tenant shall pay for any service connection fees. Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all utility services used solely on the Leased Premises, including the removal and disposal of trash from the Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services described in (at rates that would have been payable if such utilities and services had been directly billed by the Standards for Utilities utilities or services providers) and Services which are attached hereto Tenant shall pay such share to Landlord as Exhibit “E”a part of Operating Expenses. Except as provided below, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, other Building service and no such failure or defect in any utility service. In addition, interruption shall entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of any such change, failure, interruption, stoppage or defectwithhold sums due hereunder. In the event of any such failure, interruption, stoppage or defectutility “deregulation”, Landlord shall diligently attempt choose the service provider. All utility services to cause the Leased Premises shall be provided by utility providers unaffiliated with Landlord, and shall not be subject to surcharge, xxxx up or other cost increase by Landlord. If Landlord fails to provide utility service specifically required to be provided by Landlord under this Lease, and such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for more than three (3) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, then rent shall xxxxx with respect to the area which is affected for each such consecutive day after the third business day during which the interruption continues. The rent abatement shall equal the then current Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be resumed promptlyentitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at The abatement herein provided shall be Tenant’s sole cost and expenseexclusive remedy for interruption of service. In all events, in which case Tenant thereafter shall pay all charges Landlord agrees to use its reasonable efforts to restore any utility service that is interrupted (other than by the actions of the utility providing such service to the Premises directly to the purveyor thereof or (bTenant, its agents and contractors) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “soon as possible.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (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; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlords reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, subject to the provisions, of Paragraph 64, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water than reasonably required for normal drinking and lavatory purposes, as specified in Paragraph 4 of Exhibit "D", or utilizes more electricity than the standard electrical power than is considered reasonable or normal by Landlordconsumption specified in Paragraph 3 of Exhibit "D", Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, if Tenant utilizes excess water or electricity as described above, and continues such excess use after written notice thereof by Landlord, then upon an additional prior written notice to Tenant Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities ---------------------- during reasonable hours of generally recognized business days, and services described as is customary and usual for general office usages in like and comparable building in the Standards Financial District in San Francisco, as determined by Landlord, electricity for Utilities building-standard lighting and Services which are attached hereto as Exhibit “E”for normal fractional horsepower office machines, including personal computers and printers, fax machines and office copiers, heating, air conditioning and ventilation required in Landlord's judgment for the comfortable use and occupation of the Premises, elevator and janitorial service, and incorporated herein by this reference (“Standards water for Utilities lavatory and Services”)drinking purposes. Landlord shall also maintain and keep lighted the common stairs, subject common entries and toilet rooms in the common areas of the Building. Landlord's operation and delivery of services to the conditions Building and the Premises shall be in accordance a manner reasonably consistent with other comparable office buildings located in the standards City and County of San Francisco. Except as otherwise expressly set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. herein, Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement of Rent by reason of, Landlord's failure to furnish any of the services or reduction utilities described above when such failure is caused by acts of RentGod, no eviction accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of Tenant shall any character, unavailability of materials or labor, or by any other cause similar or dissimilar, beyond the reasonable control of Landlord, or by rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, or the making of repairs, alterations or improvements to the Premises or Building whether or not any of the above result from acts or omissions of Landlord. Furthermore, Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing services or utilities, except to the extent such loss, injury, or interference is caused by the gross negligence or willful misconduct of Landlord. Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or of suppliers of utilities in reducing energy or other resources consumption, and Tenant shall not be relieved from of its obligation to pay the performance of any covenant or agreement in this Lease full Rent by reason of any such change, failure, interruption, stoppage or defectthereof. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt also have the exclusive right, but not the obligation, to cause service to provide any additional services which may be resumed promptly. If required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, delivery services, additional repair and maintenance, provided that Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demandbilling the sum of all costs to Landlord of such additional services, an amount equal plus a ten percent (10%) administration fee. Tenant shall not, without Landlord's prior written consent, use heat- generating machines other than normal fractional horsepower office machines, or equipment or lighting other than building-standard lights in the Premises which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)Premises, and in either casethe reasonable cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord within ten (10) business days of billing by Landlord. Such cost shall include the cost of electrical power delivered metering or surveying necessary to determine the additional charges by reason of Tenant's off-hours or additional use of utilities or services, for the use of non-standard machines, equipment or lighting, and because of the carelessness of Tenant or the nature of Tenant's business. Tenant shall not, without Landlord's prior written consent, install lighting or equipment which would cause the electric current requirements of the Premises to exceed at any time three and one-half (3.5) xxxxx per square foot of net rentable space area of the Premises. If such consent is given, Tenant shall pay to Landlord upon billing for the cost of such excess consumption. In the event any governmental entity promulgates or revises any statute, ordinance or building, fire or other code or imposes mandatory controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or other emissions or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord is required or elects to make alterations to the Building in order to comply with such mandatory controls or guidelines, Landlord may, in its sole discretion, comply with such mandatory controls or guidelines or make such alterations to the Building related thereto. Such compliance and Project the making of such alterations shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay the full Annual Rent and additional rent reserved hereunder or constitute or be constituted as a constructive or other eviction of Tenant, provided, however, that Tenant shall be excluded from Operating Expenses. “entitled to an abatement of rent should such compliance and such alterations prevent Tenant's use and occupancy of the Premises for any period of time exceeding ten (10) days continuously.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished to the Premises the solely responsible for and shall make all arrangements for and shall pay for all utilities and services described in exclusively furnished to or used at the Standards Premises, including without limitation, telephone and other communication services. Landlord shall supply all other utilities and services not exclusively furnished to or used at the Premises and the Building Common Areas, specifically water, gas, electricity, sewer, garbage and janitorial services, as well as electricity for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any Building's proportionate share of the foregoing items Complex Common Areas, the cost of which shall not result in any liability be included within Building Operating Expenses. Notwithstanding the foregoing, Tenant may elect to provide its own janitorial service for the Premises. Landlord shall also supply irrigation water for the Complex Common Areas, the cost of Landlordwhich shall be included within Complex Operating Expenses. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of, any interruption or failure of any utility services to the Premises, except where such change, failure, interruption, stoppage interruption or defect. In failure of utility services is caused by acts of Landlord or Landlord's agents or employees in the event Complex and continues for a period of any such failure, interruption, stoppage three or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expensebusiness days, in which case Tenant thereafter shall pay all charges be entitled to an abatement of Base Rent, which abatement shall be based upon the extent to which such inability to obtain utility services impairs Tenant's ability to carry on its business in the Premises. Such abatement shall continue until the utility providing such service services that were interrupted have been restored so that the lack of any remaining services no longer impairs Tenant's ability to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space carry on its business in the Building and Project Premises. Landlord shall be excluded from Operating Expenses. “use its best efforts to restore any utility services the interruption or failure of which was directly caused by acts of Landlord or Landlord's agents or employees.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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 described and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the Standards for Utilities and Services definition of Building Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the actions of utility serviceLandlord, including any change its agents, contractors or employees 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 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 makes all or a portion of the utility supplied 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 useable 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air- conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled to any an abatement of Basic Rent or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Any disputes concerning the foregoing shall be 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. Landlord agrees to furnish or cause to be furnished to As used in this Lease, "Premises Utilities Costs" shall mean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and services described in surcharges. Tenant shall be charged Premises Utilities Costs as part of Operating Expenses on a monthly basis based on Tenant's Percentage of utilities costs for the Standards Building. Tenant shall reimburse Landlord within ten (10) days after billing for Utilities and Services fixture charges and/or water tariffs, if applicable, which are attached hereto charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as Exhibit “E”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 incorporated herein by this reference (“Standards will be due as Additional Rent. In no event shall Landlord, except for Utilities and Services”)its gross negligence, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any lossinterruption or failure in the supply of any such utility or other services to Tenant. In no event shall any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, damagedelay in furnishing, unavailability or expense that Tenant may incur diminution in quality or quantity of any such utility or other services or interference with Tenant’s business operations as a result of any change of utility service, including such occurrence; nor shall any change that makes the utility supplied less suitable for Tenant’s needs, such occurrence constitute an actual or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no constructive eviction of Tenant shall result from and Tenant shall not be relieved from the performance or a breach of any covenant or agreement an implied warranty by Landlord. Notwithstanding anything in this Lease by reason to the contrary, if (i) any interruption or cessation of utilities or services results from Landlord’s breach of this Lease or the negligence or willful misconduct of Landlord, or its employees, agents and contractors, or (ii) any such change, failure, interruption, stoppage or defect. In the event of interruption is covered by any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal rent loss insurance maintained by Landlord, then if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result such interruption, Base Rent and applicable Operating Expenses not actually incurred up to that point by Tenant shall be abated for the period that commences three (3) business days after the date Tenant gives to Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, notice of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost interruption until such utilities and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “services are restored.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards for Utilities and Services which are attached hereto as Exhibit “E”Premises or used by Tenant in, and incorporated herein by this reference (“Standards for Utilities and Services”)on or about the Premises during the Term, subject to the conditions and in accordance together with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordtaxes thereon. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or abatx xxx rent due hereunder. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the actions of utility serviceLandlord, including any change its agents, contractors or employees, for more than two (2) consecutive business days following written notice to Landlord (or oral notice to Landlord if written notice is not feasible), there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that makes the utility supplied less Premises cannot be used by Tenant, in Tenant's judgment reasonably exercised, then Tenant's Basic Rent 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to any abatement or reduction Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be relieved from governed by the performance provisions of any covenant or agreement in this Lease by reason Article XI of any such change, failure, interruption, stoppage or defectthe Lease. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt at all reasonable times have free access to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and Services which are attached hereto as Exhibit “E”, services (at rates that would have been payable if such utilities and incorporated herein services had been directly billed by this reference the utilities or services providers) and Tenant shall pay such share to Landlord within fifteen (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. 15) days after receipt of Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordwritten statement. Landlord shall not be responsible liable in damages or liable otherwise for any lossfailure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the foregoing, damageto the extent that (a) such interruption of service is caused by the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of six (6) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, Minimum Annual Rent and the TICAM Charges shall xxxxx with respect to the area which is affected for each such consecutive day after said six (6) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. Provided, however, to the extent that such interruption is caused or expense that Tenant may incur continues as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs(i) force majeure (as defined in Section 16.03 hereof), or for any failure(ii) the negligence or willful misconduct of Tenant, interruptionits agents, stoppageemployees, contractors, subtenants, invitees or defect in any utility service. In additionassignees, Tenant shall not be entitled to any abatement hereunder. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or reduction portion thereof affected in the conduct of Rent, no eviction its normal business operations as a result of Tenant shall result from said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be relieved from entitled to use the performance of Leased Premises or portion thereof affected to conduct its normal business operations during any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectday for which Landlord is obligated to xxxxx rent hereunder. In the event of any such failure, interruption, stoppage or defect, Landlord The abatement herein provided shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseexclusive remedy for interruption of service. Landlord agrees to use its reasonable efforts to restore such utility service as soon as possible. If, in which case Tenant thereafter shall pay all charges however, such interruption of service renders the Leased Premises or any material portion of the utility providing Leased Premises untenantable for a period of greater than twenty (20) consecutive business days after Landlord receives written notice from Tenant of such service interruption of service, Landlord, upon the request of Tenant, shall use reasonable efforts to provide Tenant with temporary space from which to operate at a rental rate to be agreed upon at that time; provided, however, that such rental rate shall not be in excess of the Minimum Annual Rent that would have been payable hereunder absent such interruption in service. Notwithstanding anything herein to the Premises directly contrary, Landlord acknowledges that Tenant shall be permitted (subject to Section 7.03 below) to upgrade the transformer and or install a new transformer at the Leased Premises, which shall become the property of Landlord upon installation. If, however, Tenant installs an additional new and specialized transformer at the Leased Premises, then, notwithstanding anything to the purveyor thereof or (b) separate submeter(s) for the Premises at contrary set forth in Section 7.03 below such transformer shall be deemed Tenant’s sole cost and expense, Property (as defined in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein Section 8.01 below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to Landlord’s construction management plan shall identify a mutually acceptable plan for any required relocation (both temporary and permanent) and/or replacement of any Building equipment and/or mechanical systems impacted by Landlord’s Expansion Project and at no time shall any equipment of Tenant located outside of the Premises which has been previously approved by Landlord (including without limitation, the utilities and services Nitrogen Tank Pad, Nitrogen Tanks or Nitrogen Tank Equipment described in Article XVI below) be materially affected by the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure Expansion Project. To the extent necessary to furnish or cause to be furnished any maintain the functionality of the foregoing items shall not result in any liability of services Landlord is required to provide under this Lease, Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, shall either relocate such equipment or replace such equipment with new equipment having the same or better specifications and capacities as the existing equipment. Notwithstanding anything in which case Tenant thereafter shall pay all charges of the utility providing such service this Lease to the Premises directly contrary, such relocation work shall not result in an interruption in any utilities or services to the purveyor thereof Demised Premises for more than forty- eight (48) consecutive hours, or occur more than three (b3) separate submeter(s) for times during the Premises at Tenant’s sole cost Expansion Project, and expense, further provided that in which case Tenant thereafter no event shall pay to Landlord upon demand, an amount equal there be any shutoff of electricity to the Actual Electrical Costs Demised Premises (defined herein belowother than brief temporary interruptions which may occur from time to time after Tenant has had the opportunity to install or use a back-up generator to serve the Demised Premises). Any utility or service interruption permitted by this subsection (ii) for all electrical energy delivered during each month, as measured by such submeter(s)shall be scheduled at times and dates reasonably acceptable to Tenant and upon at least seven (7) days’ prior written notice to Tenant, and in either caseshall only take place outside of regular Business Hours (as defined below). Landlord agrees to use commercially reasonable efforts to keep Tenant reasonably informed of any scheduled utility or service interruptions. Notwithstanding the foregoing, Tenant hereby acknowledges and agrees that Landlord’s obligations with respect to utilities and interruptions thereof shall not apply to interruptions caused by the cost supplier of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “such utilities which are not caused by Landlord’s Expansion Project.

Utilities and Services. Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto (a) during reasonable hours of generally recognized Business Days, as Exhibit “E”established by Landlord from time to time ("Building standard hours"; currently Monday through Friday (excluding Holidays (as defined below)), and incorporated herein by this reference (“Standards for Utilities and Services”7:30 a.m. to 6 p.m.), subject to the conditions and in accordance with the standards set forth therein. 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 normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s failure to furnish or cause to be furnished any 's judgment for the comfortable use and occupation of the foregoing items Premises, and to the extent provided in the Building only, elevator service by non-attended automatic elevators, and (b) janitorial service, five (5) days per week (excluding Holidays), at such times as determined by Landlord from time to time. Except as otherwise provided herein, the cost of all such utilities and services shall not result be included within the definition of Project Costs, and shall be paid by Tenant in any liability of Landlordthe manner set forth in Section 7.1. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to terminate this Lease or to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease Rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage Unavoidable Delay or defect. In the event of by any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyother cause. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rent, the cost, as reasonably determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing metered service; provided that Tenant shall only be required to pay for such service installation if the reason for such installation is as a result of Tenant's excess use of such services prior thereo. If such utilities and services (including, without limitation, HVAC service) are requested by Tenant during hours other than the Building standard hours, Landlord shall use reasonable efforts to furnish such utilities and services upon reasonable Notice from Tenant, and Tenant shall pay Landlord's charges for such utilities and services therefor on demand as Additional Rent (after-hours HVAC services are charged by Landlord on a per hour basis; Landlord's current charge for after-hours HVAC services is variable according to several factors, but may be provided to Tenant upon request from time to time, provided that such charge is subject to adjustment by Landlord from time to time). Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption of any services provided hereunder, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all times have free access to all mechanical installations of the Building and Premises, including, but not limited to, air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets. Tenant shall be solely responsible for securing telecommunications services to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises Premises, all at Tenant’s its sole cost and expense, and Landlord shall have no responsibility therefor. For purposes of this Lease, "Holidays" means those days recognized by any federal, state or local governmental agency as a holiday which Landlord, in which case Tenant thereafter shall pay its sole discretion, designates from time to Landlord upon demandtime as "Holidays" for purposes of this Lease, an amount equal such designation being subject to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered change from time to rentable space in the Building and Project shall be excluded from Operating Expenses. “time.

Utilities and Services. Landlord agrees to furnish or cause to be furnished 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 described 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 Standards for Utilities and Services definition of Building Costs, in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant’s proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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, or expense at all reasonable times, have free access to all electrical and mechanical installations of Landlord; provided that Tenant may incur 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 any change the actions of utility serviceLandlord, including any change 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 makes all or a portion of the utility supplied 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 needspurposes, or as for any failureexample, interruptionbringing in portable air conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to any abatement or reduction and resolved by JAMS arbitration pursuant to Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentdestruction of, the costPremises, as determined which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to shall provide, at Xxxxxxxx's sole expense, the Premises the following utilities and services described for the Premises and the Common Areas: heating and air-conditioning, as conditions require, electricity, gas, and water and sewer. janitorial service and interior trash removal. Landlord shall also provide (if required in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”exhibits), subject or permit Tenant or a telecommunications company to install, telecommunications connections from the public right of way through the Building to the conditions Premises. If Landlord or Landlord's agents, employees, contractors, tenants, licensees or invitees interrupt, discontinue or cause the interruption or discontinuation of any utilities or services reasonably necessary for Tenant’s or any Occupant’s use and enjoyment of the Premises and the Common Areas, in accordance with whole or in part, then Tenant, in addition to any other remedy available under law, at equity, or under this Lease, shall be entitled to deduct from the standards set forth thereinRent, or other payments otherwise due to Landlord under the terms of this Lease, the per diem Rent for each day that such interruption or discontinuance remains in effect. If the interruption or discontinuance is caused by Landlord’s failure to furnish or cause to be furnished any pay the provider of the foregoing items shall not result utility or service, resulting in any liability the termination of Landlord. the utility or services by such provider, then Tenant may pay directly to the provider the amount necessary to restore the utility or services, in which event Landlord shall not reimburse Tenant all such amounts immediately on demand and / or Tenant shall be responsible or liable for any loss, damageentitled to deduct from the Rent, or expense that Tenant may incur other payments otherwise due to Landlord under the terms of this Lease or any renewal or extension thereof, the amount of such payment to the provider. Notwithstanding anything to the contrary contained in this Lease, if any disruption of utilities or services, as a result of any change of utility serviceprovided in this Section 9(a), including any change that makes the utility supplied less suitable continues for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In additiontwenty (20) consecutive days, Tenant shall not be entitled have the right to terminate this Lease without any abatement liability, penalty or reduction of Rentrecourse whatsoever to Tenant or any Occupant by written notice to Landlord; provided, no eviction of however, that Tenant shall result from have no right of termination under this Section 9(a) if such interruption soley and Tenant directly due to the gross negligence or willful misconduct of Tenant. The provisions of this paragraph shall not be relieved from survive the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges expiration of the utility providing such service to the Premises directly to the purveyor thereof Term or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost any termination of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “this Lease.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 2 consecutive business days as a result of a service interruption or repair that is reasonably within the control of Landlord to correct and through no fault of Tenant requires and for reasons other than as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 3rd consecutive business day of the service interruption or utilizes more water repair and ending on the day the service has been restored or electrical power than is considered the repair has been completed. Tenant shall comply with all rules and regulations which Landlord may reasonably establish and communicate to Tenant in writing for the provision of services and utilities, and shall cooperate with all reasonable or normal conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord and Landlord shall not generate, Landlord mayhandle, at its optionstore or dispose of hazardous or toxic materials (as such materials may be identified in any federal, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (astate or local law or regulation) separate meter(s) for in the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of or Project during the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Term hereof.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If However, 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 fault of Tenant requires or utilizes more water or electrical power and for reasons other than is considered as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an 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 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times, upon reasonable (and not less than 24 hours) advanced notice and during Tenant’s normal business hours (except in the case of emergency when no advanced notice shall be required), have free access to all electrical and mechanical installations of Landlord. During any such access, Landlord may, at its option, require Tenant to pay, shall interfere as Additional Rent, little as reasonably practicable with the cost, as determined by Landlord, conduct of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space business in the Building and Project shall be excluded from Operating Expenses. “Premises.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards for Utilities and Services which are attached hereto as Exhibit “E”Premises or used by Tenant in, and incorporated herein by this reference (“Standards for Utilities and Services”)on or about the Premises during the Term, subject to the conditions and in accordance together with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordtaxes thereon. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the actions of utility serviceLandlord, including any change its agents, contractors or employees 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 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 makes all or a portion of the utility supplied 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 useable 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled to any an abatement of Basic Rent or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Any disputes concerning the foregoing shall be 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. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord agrees to furnish or cause to be Tenant shall promptly pay the cost of all janitorial (Tenant shall contract with a company of Tenant's choice for such janitorial service) and utility services furnished to the Premises the utilities Premises, including, but not limited to, gas, water, electricity, garbage collection and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”other sanitary services, and incorporated herein by this reference (“Standards any initiation fees for Utilities and Services”), subject any of the foregoing. In the event Landlord furnishes any utility service to the conditions and in accordance with Premises, Tenant shall promptly pay Tenant's Share of the standards set forth thereincost of any such utility to Landlord within ten (10) days of receiving a statement showing any amount due. Landlord’s failure Landlord may reasonably adjust Tenant's Share for purposes of this paragraph if Landlord reasonably determines that Tenant's use of the Premises justifies a disproportionate allocation of utility cost to furnish Tenant. There shall be no abatement or cause to be furnished reduction of Rent by reason of any of the foregoing items services not being continuously provided to Tenant. Landlord shall further provide to Tenant at no additional cost to Tenant 5.87 unreserved parking spaces per each 1,000 rentable square feet of the Premises and as expanded from time to time. Tenant shall report to Landlord immediately any defective condition in or about the Premises known to Tenant and if such defect is not result so reported and such failure to promptly report results in any liability of Landlordother damage, Tenant shall be liable for same. Landlord shall not be responsible or liable to Tenant for any loss, damagedamage caused to Tenant and its property to the Building or any part or appurtenance thereof being improperly constructed or being or becoming out of repair, or expense that Tenant may incur arising from the leaking of gas, water, sewer or steam pipes, or from problems with electrical service, except if caused by the negligence or willful misconduct of the Landlord or its agents, contractors or employees. If as a result of any change failure by Landlord to furnish or delay in furnishing any of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement services described in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentsection, the costPremises are rendered substantially untenantable for a period of seventy-two (72) consecutive hours and the Tenant does not occupy or use the Premises due to such untenantability, as determined by Landlordthen, commencing upon the expiration of said 72-hour period, all Rent shall be equitably abated retroactively for the duration of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “untenantability.

Utilities and Services. Landlord at its expense agrees (i) to furnish or cause the necessary mains, conduits, pipes, back-up generator and other facilities to be furnished provided to make [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. water, sewer, phone and electricity available to the Leased Premises for use by Tenant during the utilities Lease Term; and (ii) to provide the services described in listed on Exhibit C hereto to Tenant at the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordLeased Premises. Landlord shall not in no event be responsible or liable for any lossinterruption or failure of utility or other services to be provided by Landlord under this Lease on or to the Leased Premises. Notwithstanding the foregoing, damageif Tenant is prevented from using, or expense that Tenant may incur and as a result thereof actually does not use (other than for storage purposes), the Leased Premises or any portion thereof because of (i) the unavailability of any change utility or HVAC to be provided by Landlord hereunder, or (ii) lack of access to the Leased Premises or any portion thereof for a period of five (5) consecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability of utility serviceor HVAC or lack of access, including any change that makes the utility supplied less suitable for and such unavailability or lack of access was not caused by or through Tenant’s needsnegligence or intentional misconduct, and was caused by Landlord’s negligence or for any failureintentional misconduct, interruptionthen, stoppage, or defect in any utility service. In additionas Tenant’s sole remedy therefor, Tenant shall not be entitled to any an abatement of Rent for each consecutive day (after such five (5) consecutive business day period) that Tenant is so prevented from using (and as a result thereof does not in fact use) all or reduction such portion of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant Leased Premises until such time as such utility or agreement in this Lease HVAC or access is restored. If less than the entire Leased Premises is affected by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord Rent abatement shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal prorated by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Renta fraction, the cost, as determined by Landlord, numerator of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for which shall be the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges rentable area of the utility providing such service to portion of the Leased Premises directly to rendered unusable (and unused by Tenant) by the purveyor thereof or (b) separate submeter(s) for interruption and the Premises at Tenant’s sole cost and expense, in denominator of which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “the rentable area of the entire Leased Premises.

Utilities and Services. Landlord agrees Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied directly to furnish the Premises, together with any taxes thereon. There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. Notwithstanding anything to be furnished the contrary set forth herein, (i) if a stoppage of an Essential Service (as defined below) to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”shall occur, and incorporated herein by this reference such stoppage is due to the negligence or willful misconduct of Lessor and not due to any act or omission on the part of Lessee (any such stoppage of an Essential Service being hereinafter referred to as a “Standards for Utilities and ServicesService Interruption”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items (ii) such Service Interruption continues for more than five (5) consecutive days after Lessor shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any losshave received written notice thereof from Lessee, damage, or expense that Tenant may incur and (iii) as a result of any change such Service Interruption, the conduct of utility service, including any change that makes Lessee’s normal operations in the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect Premises are adversely affected in any utility servicematerial respect, then, there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such five (5) day period; provided, however, that if any part of the Premises is reasonably useable for Lessee’s normal business operations or if Lessee conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Lessee’s normal operations or ability to use the Premises. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional RentFor purposes hereof, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. term “

Utilities and Services. Landlord agrees to shall furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”C. Tenant agrees to perform and be bound by all of the provisions of Exhibit C. Charges for any services, goods or materials furnished by Landlord at Tenant's request and incorporated herein charges for services, goods and materials furnished by this reference Landlord as a result of uses or demands by Tenant in excess of those normally furnished to other tenants in the Building with general office usage may be billed to Tenant on its monthly rental statement and if so billed, shall payable by Tenant together with its rent (“Standards or if not billed on the monthly rental statement, the charges shall be payable within twenty (20) days after Landlord delivers a statement for Utilities such services, goods or materials to Tenant). Interruption of utilities or services (including telephone and Services”), subject to the conditions and in accordance with the standards set forth therein. telecommunications services) or Landlord’s 's failure to furnish or cause to be furnished any of such utilities or services when such interruption or failure is caused by (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, (iv) inability despite the foregoing items exercise of reasonable diligence to obtain electricity, gas, water or fuel, (v) limitation, rationing, curtailment or restriction on the use of water, electricity, gas, heating, cooling or other forms of service or utility provided to the Premises or the Building or (vi) any other cause beyond Landlord's reasonable control, shall not give rise to a claim for damages against Landlord or otherwise result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any offset, abatement or reduction of Rentrent by reason of such failure, no actual or constructive eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to promptly. Tenant's sole remedy for breach of this Article by Landlord shall be resumed promptlyan action for damages, as provided for and limited by Section 17.6 of this Lease. If Tenant requires is prevented from using, and does not use, the Premises or utilizes more water any portion thereof, or electrical power than if Tenant's ability to conduct its business operations from the Premises is considered reasonable materially impaired, as a result of any failure to provide services to the Premises, and such failure did not result from a casualty covered by Article 15 below and was not caused directly or normal indirectly by an act or omission of Tenant, its employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for seven (7) consecutive business days (the "Services Failure Period") after Landlord's receipt of Tenant's written notice, Landlord maythen Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to be so prevented from using, at its optionand does not use, require the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises, provided that Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using, and does not use, is so significant as to make it impractical for Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for conduct its business in the Premises at Tenant’s sole cost and expenseTenant does not, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) fact, for the Premises at Tenant’s sole cost and expensethat reason, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space conduct its business in the Building and Project shall be excluded from Operating Expenses. “Premises.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If Tenant requires or utilizes more water or electrical power than is considered 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than 3 consecutive business days following written notice to Landlord maythere is no electricity, at its optionHVAC or elevator services to all or a portion of the Premises, require Tenant 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 paythe 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 Additional for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord From and after Substantial Completion of Landlord's Work, Tenant agrees to furnish pay all charges for utilities and services used by it in the Premises, including, but not limited to, gas, electricity, telephone, sanitary sewer, storm drainage, water, and 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, at Tenant's own cost and expense. Such hot water shall be supplied to the Premises at such times and periods as Tenant shall reasonably require for conducting its business at the Premises in the manner contemplated by this Lease and the Work Letter (not to exceed eighteen (18) hours per day). Landlord shall supply (or cause to be supplied) condenser water to the Premises as described in the Work Letter at such hours (not to exceed eighteen (18) hours per day) as Tenant may designate. Within thirty (30) days following demand therefor, Tenant shall pay to Landlord, as Additional Rent, Landlord's then established charges which shall not exceed one hundred percent (100%) of Landlord's out-of-pocket costs for the quantities of such hot water and condenser water (except as otherwise specifically provided in the 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 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 shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, 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 described 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 disturbance of Tenant's use and possession of the Premises, or any part thereof, or give Tenant any right to terminate this Lease. 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 require additional utility facilities in excess of those specified in the Standards for Utilities Work Letter, the same shall be installed at Tenant's expense in accordance with plans and Services which are attached hereto as Exhibit “E”, and incorporated herein specifications to be approved in writing by this reference (“Standards for Utilities and Services”), subject to the conditions and Landlord in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Article 14 hereof.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards "F". Landlord will not be liable to Tenant for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21 (b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . Any such additional services will be provided to Tenant at Tenant's cost. Except to the extent of the gross negligence or willful misconduct of Landlord or its agents or contractors, Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal set forth in EXHIBIT "F" as reasonably determined by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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 described 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 Standards for Utilities and Services definition of Building Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change 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 abatx xxx rent due hereunder; provided, however, if any such failure or interruption is due to the sole active negligence or willful misconduct of utility serviceLandlord, including any change that makes its employees or authorized agents (a "Landlord-Caused Service Interruption") and is not restored by Landlord within five (5) business days following written notice by Tenant of the utility supplied less suitable for Tenant’s needsLandlord-Caused Service Interruption in question, or for any failure, interruption, stoppage, or defect in any utility service. In addition, then Tenant shall not be entitled to any an abatement or reduction of Rent, no eviction Basic Rent reasonably allocable to that portion of the Premises that Tenant shall result is prevented from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease using by reason of such Landlord-Caused Service Interruption, which abatement shall commence on the sixth (6th) business day following Tenant's notice of the Landlord-Caused Service Interruption in question and shall continue for the balance of the period during which Tenant is so prevented from using the affected portion of the Premises. The foregoing abatement provisions shall be the sole and exclusive remedy of Tenant with respect to any such change, failure, interruption, stoppage or defectLandlord-Caused Service Interruption. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt at all reasonable times have free access to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the ----------- conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental actions or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraph 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, pay as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by its proportionate share of Operating Expenses subject such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustments.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall 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 Operating Expenses subject to such adjustment. Notwithstanding anything in this Lease, if, as a result of the negligent acts or omissions of Landlord or its agents, contractors or employees, for more than five (5) consecutive business days following written notice to Landlord, there is no elevator service to the Premises directly Premises, or no HVAC or electricity to the purveyor thereof Premises, or (b) separate submeter(s) for such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises at cannot be and is not used by Tenant’s sole cost and expense, in which case Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant thereafter shall pay to Landlord upon demand, an amount equal in proportion to the Actual Electrical Costs (defined herein below) extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for all electrical energy delivered during each monthTenant's purposes, as measured by such submeter(s)for example, and bringing in either caseportable air-conditioning equipment, then there shall not be an abatement of rent. This paragraph shall not apply in case of damage to, or destruction of, the cost of electrical power delivered to rentable space in the Building and Project Building, which shall be excluded from Operating Expensesgoverned by a separate provision of this Lease. “Notwithstanding any of the foregoing to the contrary, Tenant may not xxxxx rent if Landlord disputes Tenant's right to xxxxx or the amount of such abatement, until and to the extent the arbitrator provides that Tenant may do so in accordance with and pursuant to the terms of Paragraph 50 hereof.

Utilities and Services. Landlord agrees As used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the Premises of any kind, including but not limited to furnish or cause to be furnished water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall contract directly for all utilities services for the Premises and shall pay all Premises Utilities Costs directly to the Premises various utility service providers providing such utility services to the utilities and services described in the Standards Premises. Tenant shall reimburse Landlord within ten (10) days of billing for Utilities and Services fixture charges and/or water tariffs, if applicable, which are attached hereto charged to Landlord by local utility companies and relate to utilities to the Building. Landlord will notify Tenant of this charge as Exhibit “E”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 incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth thereinwill be due as Additional Rent. Landlord’s failure to furnish or cause to In no event shall Landlord be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any lossinterruption or failure in the supply of any such utility or other services to Tenant, damageexcept for an interruption in utility services caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, employees, contractors or expense invitees that Tenant may incur interferes with Tenant’s operations within the Premises. In no event shall any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, delay in furnishing, unavailability or diminution in quality or quantity of any such utility or other services or interference with Tenant’s business operations as a result of any change of utility service, including such occurrence; nor shall any change that makes the utility supplied less suitable for Tenant’s needs, such occurrence constitute an actual or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no constructive eviction of Tenant shall result from and Tenant shall not be relieved from the performance or a breach of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal an implied warranty by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord agrees shall have no obligation to furnish provide utilities or cause to be furnished to the Premises equipment other than the utilities and services described in equipment within the Standards for Utilities premises as of the commencement date of this lease. Such utilities presently include heat, hot water and Services which are attached hereto as Exhibit “E”electricity. In the instance the Tenant requires additional utilities or equipment, the installation and incorporated herein by this reference (“Standards for Utilities and Services”)maintenance thereof shall be the Tenant's sole obligation, provided that such installation shall be subject to the conditions written consent of the Landlord. Tenant shall provide at its sole cost and in accordance with expense janitorial and sanitation services to the standards set forth thereinLeased Premises. In exchange for the landlord providing janitorial services to the Leased Premises the tenant agrees to grant landlord access to and use of Tenant’s confidential shredding service. Limitations of Landlord’s failure to furnish Liability. Unless caused by an act or cause to be furnished any omission, or the negligence of the foregoing items Landlord, Landlord shall not result be liable for any damage to, or loss of, property in the Leased Premises belonging to Tenant, its employees, agents, visitors, licensees or other persons in or about the Leased Premises, or for damage or loss suffered by the business of Tenant, from any liability cause whatsoever, including, without limiting the generality thereof, such damage or loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Landlordthe Leased Premises, or from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Leased Premises or upon other portions of the Building of which the Leased Premises are a part, or from other sources. Landlord shall not be responsible liable in any manner to Tenant, its agents, employees, invitees or liable visitors for any lossinjury or damage to Tenant, damageTenant’s agents, employees, invitees or visitors, or expense that Tenant may incur as a result their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenant’s agents, employees, invitees or visitors, or of any change other tenant of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or Premises. In no event shall Landlord be liable to Tenant for any failure, interruption, stoppage, consequential damages sustained by Tenant arising out of the loss or defect in any utility service. In addition, Tenant shall not be entitled damage to any abatement or reduction of Rent, no eviction property of Tenant shall result from and Tenant shall not be relieved from other than the performance gross negligence of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord agrees to furnish or cause to be ---------------------- furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the ----------- conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character, (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (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 shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed 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, may at its option, option require Tenant to pay, ----------- as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees to furnish or cause to be Tenant shall pay the cost of all utilities and services (including any connection charges and taxes thereon) furnished to the Premises or used by Tenant, including electricity, water, heating, ventilating, air-conditioning, oil, sewer, gas, telephone, communication services, trash collection, and janitorial services. Landlord may furnish to the Premises any of the utilities and services described set forth in the Standards preceding sentence, in which case Tenant shall reimburse Landlord for Utilities Landlord’s cost of furnishing such utilities and Services services. Tenant may receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which are attached hereto must be Landlord’s reasonable estimate of the costs of such service without profit to Landlord) and providing such prior notice as Exhibit “E”is reasonably specified by Landlord). At Tenant’s request, from time to time, Landlord shall provide Tenant a schedule of such then-current charges. For Premises in any Building entirely leased by Tenant, Tenant may operate HVAC service 24 hours per day/7 days per week without the obligation to pay any additional charge for HVAC services after normal business hours, and incorporated herein by this reference (“Standards without prior notice to Landlord for Utilities and Services”), subject such operation. Landlord may not be held liable for failure to furnish any utilities or services to the conditions and in accordance with Premises unless the standards set forth thereinfailure results from Landlord’s gross negligence or willful misconduct. If Landlord constructs new or additional utility facilities, including wiring, plumbing, conduits, or mains, resulting from Tenant’s changed or increased utility requirements, Tenant shall promptly pay to Landlord the total cost of such items. Landlord’s failure to furnish furnish, or cause any interruption, diminishment or termination of services due to be furnished the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of force majeure (collectively a “Service Failure”) will not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement; but, if the Premises, or a material portion of the foregoing items shall not Premises, are made untenantable for more than one business day because of a Service Failure that is the result in any liability of Landlord’s gross negligence or willful misconduct, then Tenant, as its sole remedy, will be entitled to abatement of Basic Monthly Rent during the period beginning on the second consecutive business day of the Service Failure and ending on the day the service has been restored. If the Service Failure has not rendered the entire Premises untenantable, the amount of abatement must be equitably prorated. Landlord shall not be responsible or liable for any loss, damage, or expense that use commercially reasonable efforts to notify Tenant may incur as a result in advance of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service any intentional Service Failures to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or occur outside of normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “business hours.

Utilities and Services. Landlord agrees Tenant shall be responsible, at its sole cost and expense, for 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 furnish Tenant or cause to be furnished to 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 described services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the Standards for Utilities and Services definition of Project Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the direct actions of utility serviceLandlord, including any change its employees, contractors or authorized agents, 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 makes all or a portion of the utility supplied 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled to any an abatement or reduction of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, no eviction of Tenant the foregoing provisions shall result from be Tenant's sole recourse and Tenant shall not be relieved from the performance of any covenant or agreement remedy in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failurean interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, interruptionits employees, stoppage contractors or defectauthorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall diligently attempt at all reasonable times have free access to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant's request), including, without limitation, telephone lines, shall be excluded from Operating Expenses. “charged to Tenant.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises, including janitorial services. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and Services which are attached hereto as Exhibit “E”, services (at rates that would have been payable if such utilities and incorporated herein services had been directly billed by this reference the utilities or services providers to Tenant) and Tenant shall pay such share to Landlord within fifteen (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. 15) days after receipt of Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordwritten statement. Landlord shall not be responsible liable in damages or liable otherwise for any lossfailure or interruption of any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, damageLandlord may choose the service provider. Notwithstanding the foregoing, to the extent that (a) such interruption of service is caused by the negligence or expense willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of four (4) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, Minimum Annual Rent shall xxxxx with respect to the area which is affected for each such consecutive day after said four (4) business day period that Tenant may incur such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. Provided, however, to the extent that such interruption is caused or continues as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs(i) Force Majeure (as defined in Section 16.04 hereof), or for any failure(ii) the negligence or willful misconduct of Tenant, interruptionits agents, stoppageemployees, contractors, subtenants, invitees or defect in any utility service. In additionassignees, Tenant shall not be entitled to any abatement hereunder. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or reduction portion thereof affected in the conduct of Rent, no eviction its normal business operations as a result of Tenant shall result from said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be relieved from entitled to use the performance of Leased Premises or portion thereof affected to conduct its normal business operations during any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectday for which Landlord is obligated to xxxxx rent hereunder. In the event of any such failure, interruption, stoppage or defect, Landlord The abatement herein provided shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges exclusive remedy for interruption of the service. Landlord agrees to use its reasonable efforts to restore such utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expensessoon as possible. “INDUSTRIAL LEASE

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities and Services which Leased Premises. However, if any services or utilities are attached hereto as Exhibit “E”jointly metered with other property, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any Landlord shall make a reasonable determination of Tenant's proportionate share of the foregoing items 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 provided to Tenant) and Tenant shall not result in any liability pay such share to Landlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, other building service and no such failure or defect in any utility service. In addition, interruption shall entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of any such change, failure, interruption, stoppage or defectwithhold sums due hereunder. In the event of any such failureutility "deregulation", interruption, stoppage or defectLandlord may choose the service provider. Notwithstanding anything in this Lease to the contrary, Landlord shall diligently attempt use commercially reasonable efforts to cause promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord negligently fails to restore such service within a reasonable time, thereby causing the Leased Premises to be resumed promptly. If rendered untenantable (meaning that Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant unable to pay, as Additional Rent, the cost, as determined by Landlord, of use such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building normal course of its business) by Tenant for the use permitted under this Lease for more than ten (10) consecutive days after notice from Tenant to Landlord that such service has been interrupted and Project a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent and Annual Rental Adjustment shall be excluded from Operating Expenses. “abatx xx a per diem basis for each day after such ten (10) day period during which the Leased Premises remain untenantable.

Utilities and Services. Landlord agrees to furnish or cause to be Tenant shall arrange for and pay the cost of all utilities and services (including any connection charges and taxes thereon) furnished to the Premises or used by Tenant, including electricity, water, oil, sewer, gas, telephone, communication services, trash collection, janitorial, cleaning, and window washing. If Landlord furnishes to the Premises any of the utilities and services described set forth in the Standards preceding sentence, Tenant shall reimburse Landlord for Utilities Landlord's actual and Services which are attached hereto documented cost of furnishing such utilities and services. Except as Exhibit “E”otherwise provided below, and incorporated herein by this reference (“Standards Landlord may not be held liable for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish any utilities or cause services to be furnished the Premises when such failure results from causes beyond Landlord's reasonable control. If Landlord constructs new or additional utility facilities, including wiring, plumbing, conduits, or mains, resulting from Tenant's changed or increased utility requirements, Tenant shall promptly pay to Landlord the total actual and documented cost of such items. The discontinuance of any utilities or services, including Landlord's discontinuance or failure to provide any of the foregoing items utilities or services furnished by Landlord to the Premises, shall not result neither be deemed an actual or constructive eviction, nor release Tenant from its obligations under this Lease including Tenant's obligation to pay rent. Notwithstanding anything above to the contrary, in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense the event that Tenant may incur is prevented from using, and does not use, the Premises or any portion thereof, for three (3) consecutive business days (the "Eligibility Period") as a result of (i) Landlord's failure to provide to the Premises any change of utility servicethe essential utilities and services that may be provided by Landlord above, including where such failure is due to the negligence or intentional misconduct of Landlord, (ii) any change that makes construction, repair, maintenance or alteration negligently performed by Landlord after the utility supplied less suitable for Commencement Date (including, but not limited to, Landlord's Work (if any)), but excluding work performed because of Tenant’s needs's failure to fulfill any of its obligations under this Lease (iii) the presence of Hazardous Materials in, on or for about the Premises which were caused by Landlord or existed on the Premises before the Commencement Date and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as determined by applicable governmental authorities pursuant to applicable environmental laws by written notice delivered to Landlord and/or Tenant, which notice specifically prohibits occupancy of the Premises (or portions thereof) as a result of such Hazardous Materials, and/or (iv) any failureentry onto the Premises by Landlord pursuant to Article 20 below, interruptionthen, stoppage, or defect in any utility servicesuch case, Tenant's obligation to pay Basic Monthly Rent and Operating Expenses shall be equitably abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total area of the Premises. In additionTo the extent Tenant shall be entitled to abatement of rent because of a damage or destruction pursuant to Article 17 or a taking pursuant to Article 18, Tenant then the Eligibility Period shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “applicable.

Utilities and Services. Landlord agrees Provided that Tenant is not in default under this Lease, Landxxxx xxxees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (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; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, . Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s Landlord's -------- sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expense, in which case fact Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by is directly paying such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “metered charges.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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 described services, including without limitation, after-hours HVAC usage, 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 Standards for Utilities and Services definition of Project Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or abate any rent due hereunder. Landlord shall at all reasonable times xxxx free access to the Building and Premises to install, maintain, repair, replace or expense remove all electrical and mechanical installations of Landlord. Tenant acknowledges that Tenant the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may incur be charged to Tenant. Notwithstanding the foregoing, if as a result of any change the direct actions of utility serviceLandlord, including any change its employees, contractors or authorized agents, 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 makes all or a portion of the utility supplied 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled to any an abatement or reduction of Basic Rent, no eviction of Tenant . The foregoing provisions shall result from be Tenant's sole recourse and Tenant shall not be relieved from the performance of any covenant or agreement remedy in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failurean interruption of services, interruption, stoppage or defect, Landlord and shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power not apply in case of the actions of parties other than is considered reasonable or normal by Landlord, Landlord mayits employees, at its optioncontractors or authorized agents, require Tenant to payor in the case of damage to, as Additional Rentor destruction of, the cost, as determined Premises (which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to Lease). Any disputes concerning the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project foregoing provisions shall be excluded from Operating Expenses. “submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease.

Utilities and Services. Landlord agrees to furnish or cause to be furnished 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 described 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 Standards for Utilities and Services definition of Building Costs in which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to event Tenant shall pay Tenant's proportionate share of such costs in the conditions and in accordance with the standards manner set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordSection 4.2. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand 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, or expense provided that Tenant may incur 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 any change the actions of utility serviceLandlord, including any change 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 makes all or a portion of the utility supplied 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to any abatement or reduction and resolved by JAMS arbitration pursuant to Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges destruction of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expensePremises, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord agrees shall supply reasonable amounts of electricity, gas, water, sewer, trash, and other utilities serving the Premises, and Tenant shall pay for all such utility services as Additional Rent. Landlord may measure and charge such utilities to furnish Tenant by any reasonable method, including without limitation by submeter, by allocating a per square foot cost for such utilities, or cause to be furnished by other means not uncommon to the Premises the utilities real estate industry. Landlord may also establish any reasonable manner and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”method of payment of such utilities, and incorporated herein by this reference (“Standards for Utilities and Services”)including, without limitation, payment of a certain sum on a monthly basis, subject to reconciliation at the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any end of the foregoing items applicable measuring year, or providing monthly invoices to Tenant, or having Tenant pay certain utilities directly to the utility provider, or any other method not uncommon to the real estate industry. Tenant, at Tenant’s expense, shall not result purchase and install all light bulbs, lamps, light fixtures, and all replacement light bulbs, lamps, and light fixtures used in any liability of Landlordthe Premises. Landlord shall not in any way be liable or responsible or liable to Tenant for any loss, damagedamage or expense, so long as Landlord is not at fault, which Tenant may sustain or incur: (i) if the quantity, character, or expense that Tenant may incur as a result supply of any change of utility service, including any change that makes the utility supplied less utilities is changed or is no longer available or suitable for Tenant’s needsrequirements, or (ii) due to interruption of utilities. Tenant agrees that it will not make any material alteration or addition to the electrical equipment, utility lines and components, appliances or fixtures in the Premises without the prior written consent of Landlord, which may not be reasonably withheld. Tenant shall be responsible at its sole cost and expense for the payment of all telecommunication services provided to the Premises (including the installation of the components, equipment, and facilities providing such services). Landlord shall supply only standard telecommunications services to the Premises. Landlord reserves the right to interrupt, curtail, stop or suspend the furnishing of the services described herein, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which are, in the reasonable judgment of Landlord, desirable or necessary to be made, or by reason of difficulty or inability in securing supplies or labor, or by reason of strikes, or by reason of any failureother cause beyond the reasonable control of Landlord. There shall be no diminution or abatement of Rent or other compensation due from Tenant to Landlord hereunder, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or defect in any suspension. Except for those utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from costs and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service other services to be resumed promptly. If paid by Tenant requires directly to Landlord or utilizes more water or electrical power than is considered reasonable or normal by Landlordto the applicable utility provider according to the terms of this Lease, Landlord mayall utility costs (including without limitation the costs to obtain, at its optionmaintain, require Tenant to payrepair and replace such utilities, as Additional Rent, well as the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for cost to the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges applicable utility provider of the utility providing such service to the Premises directly to the purveyor thereof or (bbeing provided) separate submeter(s) for the Premises at Tenant’s sole cost and expense, shall be included in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Operating Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunication 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 described services, including without limitation, after-hours HVAC usage, 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 Standards for Utilities and Services definition of Project Costs in which are attached hereto 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 Exhibit an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefore or as part of “EProject costs”, and incorporated herein any after-hours HVAC usage charges incurred by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordTenant. Landlord shall not be responsible or liable for damages or otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility serviceor other service furnished to the Premises, including any change that makes the utility supplied less suitable for Tenant’s needs, and no such failure or for any failure, interruption, stoppage, interruption shall be deemed an eviction or defect in any utility service. In addition, entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of or withhold or xxxxx any such change, failure, interruption, stoppage or defectrent due hereunder. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt at all reasonable times have free access to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be excluded from Operating Expenses. “charged to Tenant.

Utilities and Services. As used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall contract directly for all utilities services for the Premises and shall pay all Premises Utilities Costs directly to the various utility service providers providing such utility services to the Premises. Should Landlord elect to supply any or all of such utilities, Xxxxxx agrees to furnish purchase and pay for the same as Additional Rent. Tenant shall reimburse Landlord within thirty (30) days after billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Xxxxxxxx will notify Tenant of this charge as soon as it becomes known. This charge will increase or cause to be furnished to decrease with current charges being levied against Landlord, the Premises or the utilities and services described in Building by the Standards for Utilities and Services which are attached hereto as Exhibit “E”local utility company, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth thereinwill be due as Additional Rent. Landlord’s failure to furnish or cause to In no event shall Landlord be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any lossinterruption or failure in the supply of any such utility or other services to Tenant. In no event shall any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, damagedelay in furnishing, unavailability or expense that Tenant may incur diminution in quality or quantity of any such utility or other services or interference with Tenant’s business operations as a result of any change of utility service, including such occurrence; nor shall any change that makes the utility supplied less suitable for Tenant’s needs, such occurrence constitute an actual or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no constructive eviction of Tenant shall result from and Tenant shall not be relieved from the performance or a breach of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal an implied warranty by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause 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. Notwithstanding anything to the contrary in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord hereunder), or which Landlord failed to perform, after the Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, the Building parking facility or the Premises, (ii) any failure to provide the services, utilities, or the use of or ingress to and egress from the Building, the Building parking facility or the Premises, required by this Lease, or (iii) the presence of hazardous or toxic materials (not brought onto the Premises or into the Building by Tenant, its employees, agents or contractors) in violation of applicable law which is required to be resumed promptly. If remediated, abated, mitigated and/or removed in accordance with applicable law (any such set of circumstances as set forth in items (i), (ii) or (iii) above, to be known as an “Abatement Event”), then Tenant requires shall give Landlord written notice of such Abatement Event, and, if such Abatement Event continues for five (5) consecutive business days, or utilizes more water or electrical power than is considered ten (10) non-consecutive business days in any twelve (12) month period, after Landlord’s receipt of any such notice (the “Eligibility Period”), then, so long as the cause for the Abatement Event was within the reasonable or normal by control of Landlord, or Landlord mayis otherwise obligated under the terms of this Lease to provide such work or service, at its optionrent (including Monthly Installments of Basic Rent and Tenant’s Share of Operating Expenses) (“Rent”) shall be abated or reduced, require as the case may be, after the expiration of the Eligibility Period, for such time that such Abatement Event continues (the “Abatement Period”), in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, that in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to payeffectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then, so long as Additional Rentthe cause for the Abatement Event was within the reasonable control of Landlord, for such time after the expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the costRent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, as determined by Landlordand does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during the Abatement Period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for reoccupied portion of the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges bears to the total rentable area of the utility providing Premises, shall be payable by Tenant to Landlord from the date Tenant reoccupies such service portion of the Premises. To the extent Tenant is entitled to abatement without regard to the Premises directly to Eligibility Period because of an event described in Sections 11 or 12 of this Lease, then the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter Eligibility Period shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall not be excluded from Operating Expenses. “applicable.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall 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 Operating Expenses subject to such adjustment. Notwithstanding the provisions of this Paragraph 17, if for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises directly Premises, or no HVAC or electricity to the purveyor thereof Premises, or (b) separate submeter(s) for such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises at cannot be used by Tenant’s sole cost and expense, in which case Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant thereafter shall pay to Landlord upon demand, an amount equal in proportion to the Actual Electrical Costs (defined herein below) extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for all electrical energy delivered during each monthTenant's purposes, as measured by such submeter(s)for example, and bringing in either caseportable air-conditioning equipment, then there shall not be any abatement of rent. This provision shall not apply in case of damage to, or destruction of, the cost of electrical power delivered to rentable space in the Building and Project Premises, which shall be excluded from Operating Expenses. “governed by a separate provision of this Lease.

Utilities and Services. Landlord agrees Except as otherwise provided in the Addendum to furnish or cause 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 be the Premises. If Subtenant’s use of water, sewer and/or other utilities exceeds ordinary and customary usage levels, then Subtenant shall pay Sublessor the actual reasonable cost of such excess (determined in Sublessor’s reasonable discretion). Except for Sublessor’s obligations set forth above, Subtenant shall make all arrangements for and pay the cost of all utilities and services furnished to the Premises the utilities and services described in the Standards or used by Subtenant. Sublessor shall not be liable for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish any utilities or cause services to the Premises when such failure results from causes beyond Sublessor’s reasonable control, and such failure shall neither be furnished 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, power, or the foregoing items shall not result in any liability reduction of Landlordautomobile emissions, Sublessor, at its reasonable discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Subtenant to so comply. Landlord Sublessor shall not be responsible or liable for damages to persons or property for any lossmandatory reduction, damagenor shall such mandatory reduction in any way be construed as a partial eviction of Subtenant; cause an abatement of rent, or expense that Tenant may incur as a result operate to release Subtenant from any of any change of utility service, including any change that makes the utility supplied less suitable for TenantSubtenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in obligations under this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Sublease.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “EXHIBIT "E”, and incorporated herein by this reference (“Standards for Utilities and Services”)", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in SUBPARAGRAPHS 20(f) OR 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured incurred by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “such

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon; provided, however, Tenant shall not be obligated to pay directly for Utilities and Services which are attached hereto as Exhibit “E”any utilities, and incorporated herein by this reference (“Standards for Utilities and Services”)water, subject gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc., to the conditions and in accordance with extent such costs are billed to Tenant as Operating Expenses for the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordProject. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, or expense that Tenant may incur if as a result of any change the negligent actions or omissions of utility serviceLandlord, including any change 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 makes all or a portion of the utility supplied 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 needspurposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to any abatement or reduction and resolved by JAMS arbitration pursuant to Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentdestruction of, the costPremises, as determined which shall he governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Landlord agrees shall have no obligation to furnish any utilities or cause services to the Premises or any equipment providing for the same. Without limitation, Tenant shall be furnished solely responsible for providing such heating, ventilation and air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant, at its sole cost and expense, shall install and connect all meters, equipment and lines required to supply and separately measure such utilities to the Premises the utilities extent not already available at or serving the Premises. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and services described in replace all such items, operate the Standards for Utilities and Services which are attached hereto as Exhibit “E”same, and incorporated herein by this reference (“Standards for Utilities keep the same in good working order and Services”)condition. Tenant shall not install any equipment or fixtures, or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other equipment or systems or Alterations which Tenant shall require in order to supply HVAC or other services, shall be subject to the conditions provisions of Section 5.C. above. Tenant shall ensure that all Tenant’s HVAC equipment, is installed and operated at all times in accordance with a manner to prevent roof leaks, damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordPremises. Landlord shall not be responsible or liable for any lossdamages directly or indirectly resulting from nor shall the Base Rent, damageOperating Expenses or any 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 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 expense that Tenant may incur as a result (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any change other form of energy or any other service or utility service, including any change that makes whatsoever serving the utility supplied less suitable for Tenant’s needs, Premises or for any failure, interruption, stoppage, or defect in any utility servicethe Project. In addition, Tenant Landlord shall not be entitled to any abatement cooperate voluntarily and in a reasonable manner with the efforts of national, state or reduction local government agencies or utility suppliers in reducing energy or other resource consumption. Tenant’s utilization of Rent, no eviction of Tenant utilities and services shall result from and Tenant shall not be relieved from subject to the performance of any covenant or agreement in this Lease by reason limitations of any such changevoluntary, failurereasonable program that Landlord shall implement for the Project. Notwithstanding the foregoing, interruption, stoppage or defect. In with respect to the event portion of any such failure, interruption, stoppage or defectthe Premises located in a Building that is not entirely leased by Tenant pursuant to this Lease, Landlord may charge Tenant for its electricity and/or water utilization by allocating Building electricity and/or water costs to Tenant by any reasonable method, including by the use of check meters, submeters or formulas based on square footage, intensity and timing of electricity and/or water utilization. Tenant shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more pay Landlord the cost of its electricity and/or water or electrical power than is considered reasonable or normal utilization, as so measured by Landlord, within thirty (30) days after being billed therefore by Landlord may, at its option, require Tenant from time to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “time.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents that are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost, but at no profit to Landlord. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f), 21(b) or 23), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal for general office use by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing service and Landlord will deduct any amounts for said water or electrical power from 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 Operating Expenses subject to such adjustment. Landlord shall have the right at any time and from time-to-time during the Term of the Lease to contract for service from any company or companies providing electricity service ("Service Provider"). Tenant shall cooperate with Landlord and the Service Provider at all times and, as reasonably necessary, shall allow Landlord and Service Provider reasonable access to the Premises directly Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Provided Landlord is not in breach of its obligations under this Lease, and is not negligent or engaged in willful misconduct, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the purveyor thereof Premises, or (b) separate submeter(s) if the quantity or character of the electric energy supplied by the Service Provider is no longer available or suitable for the Premises at Tenant’s sole cost and expense's requirements, no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in which case whole or in part, or entitle Tenant thereafter shall pay to Landlord upon demandany abatement or diminution of rent, an amount equal to or relieve Tenant from any of its obligations under the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Landlord agrees to furnish Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and whether or cause to be furnished not the existing water, gas and electrical distribution systems within the Building and the Premises are adequate for Tenant’s needs. Tenant shall pay all charges for water, gas, electricity, and storm and sanitary sewer services as so supplied to the Premises Premises, irrespective of whether or not the utilities and services described are maintained in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s or Tenant’s name. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall rent be abated by reason of failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any change character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of utility servicereasonable diligence, including to obtain any change that makes of the utility supplied less suitable for Tenant’s needsforegoing utilities or services; (e) interruption necessary to install or repair facilities in the Building, or for (f) any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectother causes beyond Landlord’s reasonable control. In the event of any such failure, interruption, stoppage or defectinterruption of such utilities or services, Landlord shall diligently attempt to promptly resume the utilities or service in question. Tenant shall provide trash bins (or other adequate garbage disposal facilities) within the trash enclosure areas provided or permitted by Landlord outside the Premises sufficient for the interim disposal of all of its trash, garbage and waste. All such trash, garbage and waste temporarily stored in such areas shall be stored in such a manner so that it is not visible from outside of such areas, and Tenant shall cause service such trash, garbage and waste to be resumed promptlyregularly removed from the Property at Tenant’s sole cost. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal shall at all times keep the Premises, the Building, the Common Area and the Property in a clean, safe and neat condition free and clear of all trash, garbage, waste and/or boxes, pallets and containers containing same at all times. Tenant shall contract directly with a janitorial service for the cleaning of the Premises. Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair all heating ventilating and air conditioning equipment. Tenant, if requested to do so by Landlord, Landlord mayshall hire, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, or alternatively, Landlord may, at its election, contract in which case Tenant thereafter shall pay all charges its own name for such regular and periodic inspections of the utility providing and maintenance on such service heating, ventilating and air conditioning equipment and systems and charge to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either caseadditional Rent, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “thereof.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises. Landlord and Services which Tenant acknowledge that Tenant's water will be submetered. However, if any services or utilities are attached hereto as Exhibit “E”jointly metered with other property, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any Landlord shall make a reasonable determination of Tenant's proportionate share of the foregoing items cost of such utilities and services and Tenant shall not result in any liability pay such share to Landlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall not be responsible liable in damages or liable otherwise for any lossfailure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility "deregulation", damageLandlord shall choose the service provider. Notwithstanding the foregoing, in the event that (i) such interruption is due to Landlord's negligence or intentional wrongful acts, or expense (ii) the restoration of service is entirely within Landlord's control, and (iii) Landlord negligently fails to restore such service within a reasonable time, and (iv) the Leased Premises are untenantable (meaning that Tenant may incur is unable to use such space in the normal course of its business for the Permitted Use) for more than five (5) consecutive days, then Tenant shall notify Landlord (and Landlord's tender, if any) in writing that Tenant intends to abate rent. If service has not been restored within five (5) days ox Xxxdlord's receipt of Tenant's notice, then Minimum Annual Rent and Additional Rent shall abate on a per them basis for each day commencing on the day which xxx Xeased Premises became untenantable and continuing until the Leased Premises becomes tenantable, Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as a result of any change of utility serviceset forth above, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement damages (consequential or reduction of Rent, no eviction of Tenant shall otherwise) as a result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “thereof.

Utilities and Services. Landlord agrees to furnish or cause to The Tenant shall be furnished to responsible for the Premises cost of all utilities, including without limitation for the utilities electric, water, sewer, and services described in the Standards for Utilities and Services all utility costs which are attached hereto delivered to or consumed at the Premises, which costs shall be paid by the Tenant as Exhibit “E”Additional Rent. However, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items Tenant shall not result in any liability be required to pay for the installation of Landlordsubmeters unless the Tenant requests same. The Landlord shall not be responsible required to provide heat, air conditioning, or ventilation to the Premises if any action of the Tenant, Act of God, or other unforeseen circumstances makes it impossible for the Landlord reasonably to do so. Further, Landlord shall not be liable for any lossthe interruption, damagecurtailment, stoppage or expense that Tenant may incur as a result suspension of any change services and utilities when necessary by reason of accident or emergency or suspension of utility serviceservices or when necessary for repairs, including any change that makes alterations, replacements or improvements desirable or necessary in the utility supplied less suitable for Tenant’s needs, reasonable judgment of Landlord or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction cause beyond the control of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectLandlord. In the event of any such failureinterruption, interruptioncurtailment, stoppage or defectsuspension, there shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to Landlord hereunder, Tenant's obligations hereunder shall not be affected or reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage or suspension. Notwithstanding the foregoing, in those instances in which Landlord has control over the repair, alteration, replacement or improvement, Landlord shall diligently attempt use commercially reasonable efforts to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, minimize any interference with Tenant's use of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost during normal business hours when any such repairs, replacements, alterations or improvements are made. The Tenant shall provide customary cleaning and expense, in which case Tenant thereafter shall pay all charges of the utility providing such rubbish removal service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during on each month, business day as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “required.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of such failure. Notwithstanding the foregoing, if any interruption in the supply of utilities to the Premises occurs and such interruption materially interferes with Tenant's use and occupancy of the Premises for more than ten (10) continuous business days, Tenant shall have the right to xxxxx Base Rent payable with respect to the period of interruption following such ten (10) business day period, but only to the extent of any rent loss insurance proceeds received by Landlord in connection with such changeabatement. Such abatement shall be in the proportion that such interference bears to Tenant's normal operations in the Premises, failureas agreed to by Landlord and Tenant; provided, however, in no event shall Landlord be liable for damages or any other amounts or expenses attributable to such interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord (a) Provision of Utilities to the Premises: Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards this Paragraph 17 below. Lessor will not be liable to Lessee for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure, is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenantother cause beyond Lessor’s needs, or for any failure, interruption, stoppage, or defect in any utility servicereasonable control. In addition, Tenant in the event of any stoppage or interruption of services or utilities, Lessee shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein, or except if Lessor has rental insurance that covers such stoppage or interruption), no eviction of Tenant shall Lessee will result from such failure and Tenant shall Lessee will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall Lessor agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant Lessee requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordin northern San Mateo County for general office use, Landlord may, Lessor may at its option, option require Tenant Lessee to pay, as Additional Rentadditional rent, the cost, as fairly determined by LandlordLessor, of incurred by such extraordinary usage. In additionIf Lessor and Lessor so agree, Landlord Lessor may install: (a) install separate meter(s) for the Premises Premises, at TenantLessee’s sole cost and expense, in which case Tenant and Lessee agrees thereafter shall to pay the cost of all charges of the such utility providing such service to the Premises directly Premises, and Lessor will make an appropriate adjustment to the purveyor thereof or (b) separate submeter(s) Lessee’s Operating Expenses calculation to account for the Premises at Tenant’s sole cost and expensefact Lessee is directly paying such metered charges, in which case Tenant thereafter shall provided Lessee will remain obligated to pay its proportionate share of Operating Expense subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished 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 described services, including without limitation, after-hours HVAC usage, 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 Standards for Utilities and Services definition of Project Costs in which are attached hereto 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 Exhibit an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefore or as part of “EProject costs”, and incorporated herein any after-hours HVAC usage charges incurred by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordTenant. Landlord shall not be responsible or liable for damages or otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility serviceor other service furnished to the Premises, including any change that makes the utility supplied less suitable for Tenant’s needs, and no such failure or for any failure, interruption, stoppage, interruption shall be deemed an eviction or defect in any utility service. In addition, entitle Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in terminate this Lease by reason of or withhold or xxxxx any such change, failure, interruption, stoppage or defectrent due hereunder. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt at all reasonable times have free access to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be excluded from Operating Expenses. “charged to Tenant.

Utilities and Services. Landlord agrees to furnish or cause to be furnished (a) Tenant shall make timely payment directly to the vendor supplying the same, all charges for water, gas, electricity (subject to Paragraph 5(e) below), telephone, sewer service, waste pick-up and any other utilities, materials or services furnished directly to or used by Tenant on or about the Premises during the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit Lease Term (collectively, “E”, and incorporated herein by this reference (“Standards for Utilities and ServicesUtilities”), subject 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 conditions and extent installation of such meters and/or utility hookups are a part of the Landlord Improvements. If Landlord is required to make any deposits for Utilities in accordance with order to complete the standards set forth therein. Landlord Improvements, Tenant shall, within thirty (30) days of Landlord’s failure to furnish or cause to be furnished written request therefor, (i) reimburse Landlord for any deposit for such Utilities paid by Landlord if the applicable vendor of the foregoing items Utility returns to Tenant any deposit made by Landlord or, (ii) if the applicable vendor will not return such deposits to Tenant, then Tenant shall not result replace Landlord’s deposit with a 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 all Utilities as may be required by Tenant in any liability the use of Landlordthe Premises. Landlord shall not be responsible or liable for any loss, damagedamages resulting from interruption of, or expense that Tenant’s inability to receive such Utilities, and any such inability shall not relieve Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in its obligations under this Lease by reason of any unless such change, failure, interruption, stoppage interruption makes it impossible or defect. In impractical for Tenant to operate its business in the event of any Premises and such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than interruption is considered reasonable or normal caused by Landlord’s negligence or willful misconduct, Landlord may, at its option, require Tenant to payin which case, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseexclusive remedy against Landlord, in which case Tenant thereafter Rent shall pay all charges xxxxx from and after the eighth (8th) consecutive day of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by interruption until such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “interruption ceases.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the actual cost of such utilities and Services which are attached hereto services and Tenant shall pay such share to Landlord as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Additional Rent following receipt of Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordwritten statement. Landlord shall not be responsible liable in damages or liable otherwise for any lossfailure or interruption of any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the foregoing, damagein the event that (i) such interruption is due to Landlord’s negligence or intentional wrongful acts, or expense (ii) the restoration of service is entirely within Landlord’s control, (iii) Landlord negligently fails to restore such service within a reasonable time, and (iv) the Leased Premises are untenantable (meaning that Tenant may incur as a result is unable to use such space in the normal course of any change its business for the Permitted Use) for more than ten (10) consecutive days, 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 five (5) days of utility service, including any change that makes the utility supplied less suitable for Landlord’s receipt of Tenant’s needsnotice, or then Minimum Annual Rent and Additional Rent shall xxxxx on a per diem basis for any failureeach day after such ten (10) day period during which the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement damages (consequential or reduction of Rent, no eviction of Tenant shall otherwise) as a result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectthereof. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In additionutility “deregulation”, Landlord may install: (a) separate meter(s) for choose the Premises at service provider, provided that the Tenant’s sole cost and expense, in which case Tenant thereafter costs for such utility shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “not materially increase.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; (v) service interruptions or any change that makes the utility supplied less suitable for Tenant’s needsother unavailability of utilities resulting from causes beyond Landlord's control, or for any failureincluding, interruptionwithout limitation, stoppage, or defect in any utility serviceservice provider initiated "xxxxx-out" or "black-out"; or (vi) 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Utilities Costs calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Utilities Costs subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. 7.01 Services Landlord agrees shall provide the normal utility service connection into the Premises and Tenant, at its sole expense, shall arrange with the appropriate utility company to furnish install all necessary connections and without fail to maintain in continuous operation during the entire term of the Lease, all such utility service, whether or cause to be furnished not Tenant is in actual possession of the Premises. Electricity to the Premises shall not be furnished by Landlord, but shall be furnished by the approved electric utility company serving the Building. Landlord shall permit Tenant to receive such service directly from such utility company at Tenant's cost and shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall pay for all water, gas, heat, light, power, sweeping and other janitorial services, rubbish and trash disposal, sewer and any other utilities and services described supplied in, about or related to the Premises, together with any taxes thereon, connection charges and deposits. If any such utilities and services are not separately metered to Tenant, Tenant shall pay a reasonable portion to be determined by Landlord of all charges jointly metered with other premises. Landlord reserves the right during the Term of this Lease to grant easements or public utility purposes on, over, or below the Premises without any abatement in rent, provided that said easements do not unreasonably interfere with the normal operation of the business conducted by Tenant in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordPremises. Landlord shall not be responsible or liable required to pay for any lossservice, damage, supplies or expense that upkeep in connection with the Premises. Tenant may incur as a result of any change of utility serviceshall arrange for and pay for all telephone service and equipment, including any change that makes the utility supplied less suitable for Tenant’s needs, additions or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service alterations to the Premises directly existing telephone service boards and conduit, which shall be completed without interference to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost service and/or equipment of electrical power delivered to rentable space other tenants in the Building and Project which shall be excluded from Operating Expensesappropriately labeled upon the termination of this Lease. “Any amounts which Tenant is required to pay to Landlord pursuant to this Section 7.01 shall be payable upon demand by Landlord and shall constitute additional rent or Rent under this Lease.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities and services described extent provided in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)C, subject to the conditions and in accordance with the payment obligations and standards set forth thereinin this Lease. Landlord’s failure to furnish furnish, or cause any interruption, diminishment or termination of, services due to be furnished the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the foregoing items occurrence of an event of force majeure (defined in Section 20.8) shall not result in render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any liability of Landlordcovenant or agreement. Landlord shall not be responsible or liable for any lossNotwithstanding the foregoing, damage, or expense that Tenant may incur if as a result of any change the direct actions of utility serviceLandlord, including any change its employees, contractors or authorized agents, 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 makes all or a portion of the utility supplied Premises cannot reasonably be used by Tenant for normal business purposes, 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 needspurposes, or as for any failureexample, interruptionbringing in portable air conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled to any an abatement or reduction of Basic Rent, no eviction of Tenant . The foregoing provisions shall result from be Tenant’s sole recourse and Tenant shall not be relieved from the performance of any covenant or agreement remedy in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failurean interruption of services, interruption, stoppage or defect, Landlord and shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power not apply in case of the actions of parties other than is considered reasonable or normal by Landlord, Landlord mayits employees, at its optioncontractors or authorized agents, require Tenant to payor in the case of damage to, as Additional Rentor destruction of, the cost, as determined Premises (which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article 11 of the utility providing such service to Lease). Any disputes concerning the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project foregoing provisions shall be excluded from Operating Expenses. “submitted to and resolved by JAMS arbitration pursuant to Section II of the Work Letter attached to this Lease.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards for Utilities and Services which are attached hereto as Exhibit “E”Premises or used by Tenant in, and incorporated herein by this reference (“Standards for Utilities and Services”)on or about the Premises during the Term, subject to the conditions and in accordance together with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordtaxes thereon. Landlord shall not be responsible or liable for damages or otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change 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, provided, however, if any such failure or interruption is due to the sole active negligence or willful misconduct of utility serviceLandlord, including any change that makes its employees or authorized agents (a "Landlord-Caused Service Interruption") and is not restored by Landlord within five (5) business days following written notice by Tenant of the utility supplied less suitable for Tenant’s needsLandlord-Caused Service Interruption in question, or for any failure, interruption, stoppage, or defect in any utility service. In addition, then Tenant shall not be entitled to any an abatement or reduction of Rent, no eviction Basic Rent reasonably allocable to that portion of the Premises that Tenant shall result is prevented from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease using by reason of such Landlord-Caused Service Interruption, which abatement shall commence on the sixth (6th) business day following Tenant's notice of the Landlord-Caused Service Interruption in question and shall continue for the balance of the period during which Tenant is so prevented from using the affected portion of the Premises. The foregoing abatement provisions shall be the sole and exclusive remedy of Tenant with respect to any such change, failure, interruption, stoppage or defectLandlord-Caused Service Interruption. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt use commercially reasonable efforts to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by restore any Landlord, Landlord may, at -Caused Service Interruption as soon as reasonably possible following its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, receipt of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges notice of the utility providing such service occurrence thereof. Landlord shall at all reasonable times have free access to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Landlord.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Tenant shall obtain in its own name and shall pay directly to the Premises appropriate supplier the cost of all utilities and services described in serving the Standards for Utilities Leased Premises, including but not limited to: natural gas, electrical power, telephone, janitorial service, refuse disposal and Services which other utilities and services. However, if any services or utilities are attached hereto as Exhibit “E”jointly metered with other property, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any Landlord shall make a reasonable determination of Tenant's proportionate share of the foregoing items cost of such utilities and services and Tenant shall not result in any liability pay such share to Landlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility service, including any change that makes service or other service furnished to the utility supplied less suitable for Tenant’s needs, Leased Premises; and no such failure or for any failure, interruption, stoppage, interruption shall entitle Tenant to terminate this Lease or defect in any utility servicewithhold sums due hereunder. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement Notwithstanding anything in this Lease by reason of any such change, failure, interruption, stoppage or defect. In to the event of any such failure, interruption, stoppage or defectcontrary, Landlord shall diligently attempt use commercially reasonable efforts to cause promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord negligently fails to restore such service within a reasonable time, thereby causing the Leased Premises to be resumed promptly. If rendered untenantable (meaning that Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant unable to pay, as Additional Rent, the cost, as determined by Landlord, of use such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building normal course of its business) by Tenant for the use permitted under this Lease for more than three (3) consecutive business days after notice from Tenant to Landlord that such service has been interrupted and Project a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent and Annual Rental Adjustment shall be excluded from Operating Expenses. “xxxxx on a per them basis for each day after such three (3) day period during which the Leased Premises remain untenantable.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b), if such failure results from a damage or taking described therein, and except that in the case of interruption caused by the negligence or willful misconduct of Landlord which continues for ten (10) business days after written notice to Landlord of the interruption, rent shall xxxxx to the extent that, and for so long as, Tenant cannot use the Premises for the purposes permitted hereunder), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Provided that Tenant is not in default past any ---------------------- applicable cure period under this Lease, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services as described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth thereinan Exhibit. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible when such failure is caused by (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure (whether such failure affects elevator or HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordin the marketplace for the Use specified, Landlord may, at its option, may require Tenant to pay, as Additional Rentadditional rent, the cost, as determined cost incurred by Landlord, of such extraordinary usage, which cost shall be at the same rate paid by Landlord to the utility provider. In additionsuch case, Landlord may install: (a) shall install separate meter(s) for all or part of the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all sub-metered utility charges of the utility providing such service and Landlord shall make a commensurate Operating Expenses adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expense, in which case fact Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by is directly paying such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “metered charges.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards "G". Landlord will not be liable to Tenant for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of the following: (i) accident, breakage or repairs except to the extent caused by Landlord. Landlord shall not be responsible 's negligence; (ii) strikes, lockouts or liable for any loss, damage, other labor disturbance or expense that Tenant may incur as a result labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; (v) service interruptions or any change that makes the utility supplied less suitable for Tenant’s needsother unavailability of utilities resulting from causes beyond Landlord's control, or for any failureincluding, interruptionwithout limitation, stoppage, or defect in any utility serviceservice provider initiated "xxxxx-out" or "black-out"; or (vi) 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, either by operating extended hours or intensive demand, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In additionusage (including, without limitation, costs of replacing light bulbs more often than normal and costs of extra janitorial services) and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Utilities Costs calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Utilities Costs subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Tenant shall pay for water, sewer, gas, electricity, heat, power, telephone and other communication services and any other utilities supplied to the Premises. Other than water and sewer services which shall remain in Landlord’s name, Tenant shall obtain utility service in its own name and timely pay all charges directly to the provider. Tenant shall pay to Landlord agrees for the cost of water and sewer services and usage at the Premises within thirty (30) days of receipt of a xxxx therefor, which cost will be the actual cost charged by the provider without markup (and Landlord’s xxxx to furnish Tenant shall include a copy of the applicable xxxx from the provider). Landlord shall cooperate, at no out-of-pocket cost to Landlord, with Tenant or cause the utility company, as may be reasonably required in order for any utilities to be furnished to the Premises the utilities and services described obtained in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. LandlordTenant’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordown name. Landlord shall not be responsible or liable for any lossinterruption in such services, damagenor shall such interruption affect the continuation or validity of this Lease. Notwithstanding anything to the contrary in this Lease, in the event that an interruption in utilities or expense services that Landlord is required to provide (“Interruption”) is directly caused by the sole negligence or willful misconduct of Landlord or its Agents, such that it renders the whole or any material portion of the Premises untenantable for the purposes intended hereunder and Tenant may incur actually vacates such untenantable portion then after a period of four (4) consecutive business days after receipt by Landlord of written notice of such untenantability from Tenant, the Monthly Rent shall xxxxx (as to the proportion that the square footage of the Premises actually vacated by Tenant as a result of any change an Interruption bears to the total square footage of utility servicethe Premises) starting on the fifth (5th) business day until the earlier to occur of the date that Tenant re-enters the Premises to take occupancy thereof or the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or in part by Tenant or Tenant’s Agents. Tenant agrees that, including any change that makes the utility supplied less suitable except for Tenant’s needsrights pursuant to Section 24 (b) below, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any the rental abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement described in this Lease by reason of any such change, failure, interruption, stoppage or defect. In Section shall be Tenant’s sole remedy in the event of any such failurean Interruption. Any wiring, interruptioncabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, stoppage or defect, Landlord and shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal installed in a manner reasonably approved by Landlord, Landlord may. Tenant shall, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, provide the Premises with the following services consistent with other Class A buildings in which case Tenant thereafter shall pay all charges Bridgewater, New Jersey: (i) office standard janitorial services (excluding the cleaning of the utility providing exterior and interior surfaces of the windows and skylights which will be performed by Landlord and the cost of which will be part of Operating Expenses) and trash removal; (ii) snow and ice removal; and (iii) day xxxxxx services. In the event that the Tenant fails to provide any such service services consistent with other Class A office buildings in the Xxxxxxxxxxx, Xxxxxx, Basking Ridge, New Jersey area and such failure continues for thirty (30) days following written notice from Landlord to Tenant therefor, Landlord may elect, in its sole discretion, to provide such services to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either casePremises, the cost of electrical power delivered to rentable space in the Building and Project which shall be excluded from part of Operating Expenses. “.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall pay for all water (except for irrigation water which shall be furnished to the Premises the separately metered and an Operating Expense), gas, heat, light, power, telephone, trash disposal, janitorial service and other utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject supplied to the conditions and in accordance Premises, together with the standards set forth thereinany taxes thereon. Landlord’s Landlord will not be liable to Tenant for any failure of Tenant to furnish or cause to be furnished obtain any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceutilities and services. 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure. Notwithstanding anything in this Lease to the contrary, interruptionif, stoppage as a result of the negligent acts or defectomissions of Landlord or its agents, Landlord shall diligently attempt contractors or employees, for more than one (1) business day following written notice to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, there is no HVAC or electricity to the Premises, or such an interruption of other essential utilities and Building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord may, at its option, require Tenant to payis diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as Additional Rentfor example, bringing in portable air-conditioning equipment, then there shall not be an abatement of rent. This paragraph shall not apply in case of damage to, or destruction of, the costBuilding, as determined which shall be governed by Landlorda separate provision of this Lease. Notwithstanding the foregoing, of such extraordinary usage. In addition, Tenant may not xxxxx rent if Landlord may install: (a) separate meter(s) for disputes Tenant's right to xxxxx or the Premises at Tenant’s sole cost amount thereof until and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service only to the Premises directly extent the arbitrator provides that Tenant may do so in accordance with and pursuant to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost terms of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Paragraph 45 hereof.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished responsible for and shall pay promptly, directly to the Premises the utilities 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 described in furnished directly to Tenant or the Standards Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon; provided, however, Tenant shall not be obligated to pay directly for Utilities and Services which are attached hereto as Exhibit “E”any utilities, and incorporated herein by this reference (“Standards for Utilities and Services”)water, subject gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc. to the conditions and in accordance with extent such costs are billed to Tenant as Operating Expenses for the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordProject. Landlord shall not be responsible or liable for damages or otherwise for any lossfailure or interruption of any utility or other service furnished to the Premises, damageand except as expressly provided in the next succeeding paragraph of this Section 6.1, no such failure or expense that interruption shall be deemed an eviction or entitle Tenant may incur to terminate this Lease or withhold or abatx xxx rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. In exercising Landlord's right of free access to all mechanical and electrical installations, Landlord shall not unreasonably interfere with Tenant's use and enjoyment of the Premises. Notwithstanding the foregoing, if as a result of any change the actions of utility serviceLandlord, including any change 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 makes all or a portion of the utility supplied 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 needs's purposes, or as for any failureexample, interruptionbringing in portable air-conditioning equipment, stoppage, or defect in any utility service. In addition, Tenant then there shall not be entitled an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to any abatement or reduction and resolved by JAMS arbitration pursuant to Section 22.7 of Rent, no eviction of Tenant shall result from and Tenant this Lease. The foregoing provisions shall not be relieved from the performance apply in case of any covenant damage to, or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rentdestruction of, the costPremises, as determined which shall be governed by Landlord, the provisions of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges Article XI of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Lease.

Utilities and Services. Provided that Tenant is not in default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth therein. in the Rules and Regulations as defined in Paragraph 28 hereof, as may be amended in writing by Landlord form 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 failure to furnish or cause to be furnished any 's judgment for the comfortable use and occupation of the foregoing items shall not result in any liability of LandlordPremises, and elevator service by non-attended automatic elevators. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any such failurecharacter, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyof any other causes. If It Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, opinion require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof provided service. Tenant shall cooperate with any present or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)future government, and in either casewith any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of the cost of Building, including but not limited to air-conditioning equipment and vents, fans, ventilating and machine rooms and electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expensesclosets. “See Addendum.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the Sublessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services described supplied to the Premises, together with any taxes thereon. There shall be no abatement of Rent and Sublessor shall not be liable in any respect whatsoever for the Standards for Utilities and Services which inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Sublessor's reasonable control or in cooperation with governmental request or directions. Provided no Default has then been declared under this Sublease, if electrical power or HVAC are attached hereto as Exhibit interrupted due to the negligence or willful misconduct of Sublessor or its employees or agents (a “E”, and incorporated herein by this reference (“Standards for Utilities and ServicesUtility Interruption”), subject and Sublessee is unable to carry on its business in a reasonably normal manner due to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished of any of such utilities and services, and vacates all or the foregoing items shall not result affected portion of the Premises for a period in excess of five (5) consecutive days, or a cumulative total of ten (10) days in any liability of Landlord. Landlord calendar year, the Base Rent and Common Area Operating Expenses payable under this Sublease shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved abated retroactively from the performance first (1st) day of any covenant or agreement the Utility Interruption (in this Lease proportion to the area of the Premises vacated by Sublessee by reason of any such change, failure, interruptionif less than all of the Premises were affected) and for as long as such inability to carry on Sublessee’s business continued, stoppage until such time as the service is restored or defectSublessee reoccupies the Buildings or affected portion thereof, whichever is earlier. In the event of any such failurecurtailment, interruptiondiminution, stoppage or defect, Landlord shall diligently attempt failure with respect to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost utilities and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space services in the Building and Project Premises, Sublessor shall be excluded from Operating Expensesuse due diligence to restore full service. “Within thirty (30) days of Xxxxxxxxx's written request, Sublessee agrees to deliver to Sublessor such information, documents and/or authorization as Sublessor reasonably needs in order to comply with new or existing Applicable Requirements relating to commercial building energy usage, ratings, and/or the reporting thereof.

Utilities and Services. Landlord agrees Provided that Tenant is not in default under this Lease, Landxxxx xxxees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (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; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises at Tenant’s Landlord's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost fact Tenant is directly paying such metered charges. * (with reasonable prior notice to Tenant for non-routine repairs and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(smaintenance), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “

Utilities and Services. Landlord agrees Tenant represents that it is familiar with the standards for all utilities servicing the Premises, including, without limitation, the capacity of the feeders to furnish or cause to be furnished the Building and the risers and wiring installations. Tenant shall contract directly with all utility companies and similar providers for utilities and services to the Premises the utilities and pay directly for all such services described in the Standards for Utilities (which shall include, without limitation, all water, sewer, electrical, cable and Services which are attached hereto as Exhibit “E”other electronic data transmission services), and incorporated herein by this reference (“Standards for Utilities Landlord shall have no obligation to provide any such services. Notwithstanding the foregoing, any installation of utility lines, including, without limitation, Building Cable whether or not through any existing conduits or risers, and Services”)any trenching over the Premises to install wiring or cable, subject whether or not over existing utility easements, shall be considered an alteration to the conditions Building Structure and in accordance with Systems. Unless directly caused by the standards set forth therein. gross active negligence or the intentional misconduct of Landlord’s failure , the interruption of any utilities or services to furnish or cause to be furnished any of the foregoing items Building shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure (whether such failure affects HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. Any such interruption shall include, without limitation, failure of services caused by reason (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any such changecharacter; (iii) governmental regulation moratorium or other action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered fuel; or (v) any other cause beyond Landlord's reasonable or normal by Landlord, control. Landlord mayshall, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and 's expense, in take all reasonable actions as Tenant may reasonably request to restore or cause the restoration of services which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “have been interrupted

Utilities and Services. Landlord agrees Tenant shall be responsible for and shall pay promptly all charges (including initial and subsequent deposits) for water, gas, electricity, telephone, refuse pick-up, sewer, janitorial service and all other utilities, materials and services furnished directly to furnish or cause to be furnished used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. The parties acknowledge that a portion of the water and electricity supplied to the Premises Common Area is measured by meters at the utilities Building and services described is billed to the Building. Landlord and Tenant shall mutually and reasonably determine whether the portion of the Common Area water and electricity billed to the Building is fairly allocated to Tenant. If such existing billing is fairly allocated to Tenant, the Tenant shall pay 100% of the water and electricity billed to the Building and Tenant shall pay no portion of the water and electricity billed to the other building in the Standards Project. If such existing billing is not fairly allocated to Tenant, then Landlord shall use reasonable efforts to separately meter, or submeter, the water and electricity for Utilities and Services which are attached hereto as Exhibit “E”the Project. Landlord shall pay all costs of installing such separate meters or submeters, and incorporated herein by this reference (“Standards for Utilities and Services”)such costs shall not constitute an Operating Expense. If such existing billing is not fairly allocated to Tenant, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any then before installation of the foregoing items separate meters or submeters Tenant shall not result in any liability only be obligated to pay Tenant's Percentage Share of LandlordCommon Area water and electricity, as reasonably and mutually determined by Landlord and Tenant. Landlord shall not be responsible liable in damages or liable otherwise for any loss, damage, failure or expense that Tenant may incur as a result interruption of any change of utility serviceservice or other service furnished to the Premises, including any change except that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved resulting from the performance gross negligence or willful misconduct of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs, damage(ii) strikes, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees to furnish or cause Lessee shall arrange for delivery of all necessary utilities as required by Lessee to be furnished brought to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at TenantLessee’s sole cost and expense, in which case Tenant thereafter . Lessee shall be solely responsible for and shall promptly pay all charges of the for water, gas, electricity or any other utility providing such service used, consumed or provided in, furnished to or attributable to the Premises directly at the rates charged by the supplying utility companies and/or Lessor. Should Lessor elect to supply any or all of such utilities, Lessee agrees to purchase and pay for the same as additional rent as apportioned by Lessor. The rate to be charged to Lessor to Lessee shall not exceed the rate charged to Lessor by any supplying utility. Lessee shall reimburse Lessor within ten (10) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Lessor by local utility companies. Lessor will notify Lessee of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Lessor or the Premises by the local utility company, and will be due as additional rent. Lessee acknowledges that Lessor has made no representation or warranty with respect to the purveyor thereof or (b) separate submeter(s) for delivery, capacity and/or availability of any utilities to the Premises at Tenant’s sole cost and, even though Lessor may own or operate certain utility lines and expenseappurtenances located outside the Premises, in which case Tenant thereafter shall pay to Landlord upon demandany interruption, an amount equal failure or termination of any utility services due to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either caseapplication of applicable laws, the cost failure of electrical power delivered any equipment, the performance of repairs, improvements or alterations in or around the Premises or adjacent land area, or any other cause whatsoever (a “Service Failure”) shall not render Lessor liable to rentable space Lessee, constitute a constructive eviction of Lessee, give rise to an abatement of Basic Rent or additional rent, nor relieve Lessee from the obligation to fulfill any covenant or agreement contained in the Building and Project this Lease. Lessee shall bear all risk of loss or damage relating to a Service Failure. In no event shall Lessor be excluded from Operating Expenses. “liable for any loss or damage, direct or indirect, special or consequential, including loss of business or theft of Lessee’s property, arising out of or in connection with any Service Failure.

Utilities and Services. Landlord agrees and Tenant shall be responsible to furnish or cause to be furnished those utilities and services to the Premises to the utilities extent provided in Exhibit C and services described elsewhere in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)Lease, subject to the conditions and in accordance with the payment obligations and standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordthis Lease. Landlord shall not be responsible or liable for any loss, damage, failure to furnish any services or expense that Tenant may incur as a utilities when the failure is the result of any change of utility serviceaccident or other cause beyond Landlord’s reasonable control, including nor shall Landlord be liable for damages resulting from power surges or any change that makes the utility supplied less suitable for Tenantbreakdown in telecommunications facilities or services. Landlord’s needs, temporary inability to furnish any services or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant utilities shall not be entitled entitle Tenant to any abatement damages, relieve Tenant of the obligation to pay rent or reduction of Rent, no constitute a constructive or other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such changeTenant, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except that Landlord shall diligently attempt to cause restore the service to be resumed or utility promptly. If 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 fault of Tenant requires or utilizes more water or electrical power and for reasons other than is considered as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an 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 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 or normal conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Subject to the terms of this Lease, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service have access to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense24 hours a day, in which case Tenant thereafter shall pay to Landlord upon demand7 days a week, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “365 days a year.

Utilities and Services. Landlord agrees to furnish or cause to Tenant shall be furnished to the Premises the solely responsible for obtaining and paying for all utilities and services described in the Standards for Utilities (including water, electricity, sewer, janitorial and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject security) relating to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of LandlordPremises. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In additionfor, Tenant shall not be entitled to any abatement or reduction of RentRent by reason of, no eviction of Tenant shall result from from, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of Tenant's failure to obtain such utilities and/or services. Landlord reserves the right to temporarily stop the services of the plumbing, electricity, water, ventilation, air condition or heating systems when necessary by reason of any such changeaccident, failureemergency, interruptionor for repairs, stoppage maintenance or defectconstruction of Landlord's Work. In To the event of any such failure, interruption, stoppage or defectextent possible and practicable, Landlord shall diligently attempt give advance notice to cause service to be resumed promptlyTenant of any proposed shutdowns of services. If Tenant requires or utilizes more water or 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 determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at should become not reasonably suitable for Tenant’s sole cost and expense's use as a consequence of cessation of utilities or other services, in which case Tenant thereafter shall pay all charges of the utility providing such service interference with access to the Premises directly to not existing on the purveyor thereof date hereof, legal restrictions not existing on the date hereof or (b) separate submeter(s) for the presence of any Hazardous Material on the Premises at which is not known to Tenant on the date hereof and does not result from any Environmental Activity of Tenant or Tenant’s sole cost and expense's employees, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)agents or invitees, and in either caseany of the foregoing cases the interference with Tenant's use of the Premises persists for seven (7) consecutive days, the cost of electrical power delivered to rentable space in the Building and Project then Tenant shall be excluded from Operating Expensesentitled to an equitable abatement of Rent to the extent of the interference with Tenant's use of the Premises occasioned thereby. “If the interference persists for more than ninety (90) consecutive days, Tenant shall have the right to terminate this Lease upon written notice to Landlord. Landlord shall have the right, but not the obligation, to take such action as may be reasonably necessary to remove the cause of such any interference with Tenant's use of the Premises.

Utilities and Services. As used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall contract directly for all utilities services for the Premises and shall pay all Premises Utilities Costs directly to the various utility service providers providing such utility services to the Premises. Should Landlord elect to supply any or all of such utilities, Tenant agrees to furnish purchase and pay for the same as Additional Rent. Tenant shall reimburse Landlord within ten (10) days of receipt of billing invoices from Landlord for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or cause to be furnished to decrease with current charges being levied against Landlord, the Premises or the utilities and services described in Building by the Standards for Utilities and Services which are attached hereto as Exhibit “E”local utility company, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth thereinwill be due as Additional Rent. Landlord’s failure to furnish or cause to In no event shall Landlord be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any lossinterruption or failure in the supply of any such utility or other services to Tenant unless resulting from Landlord’s negligence. In no event shall any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, damagedelay in furnishing, unavailability or expense that Tenant may incur diminution in quality or quantity of any such utility or other services or interference with Tenant’s business operations as a result of any change of utility service, including such occurrence; nor shall any change that makes the utility supplied less suitable for Tenant’s needs, such occurrence constitute an actual or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no constructive eviction of Tenant shall result from and Tenant shall not be relieved from the performance or a breach of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal an implied warranty by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Throughout the Term of the Lease, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a 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’s . 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 or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother 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 Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.