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 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. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant may incur shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as a result shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes the utility supplied less suitable for Tenant’s needsmaintenance and repair thereof shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Building’s ventilating, air conditioning or electrical power than is considered other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. (e) Landlord reserves the right from time to time to make reasonable or normal by Landlordand nondiscriminatory modifications to the above standards (including, Landlord maywithout limitation, 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(sthose described in Exhibit C) 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 in the Building and Project shall be excluded from Operating Expenses. “services.

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 (a) Commencing on the Commencement Date, Tenant shall pay, prior to furnish or cause delinquency and throughout the Lease Term, all charges for water, gas, heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and all other services and utilities supplied to be furnished the Premises. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall be paid directly by Tenant to such utility companies or third party providers prior to delinquency. All other charges for utilities and services described shall be included in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein Operating Expenses recoverable by this reference (“Standards for Utilities and Services”), subject to the conditions and Landlord in accordance with Article IV. (b) The disruption, failure, lack or shortage of any service or utility with respect to the standards set forth therein. Landlord’s failure Premises, the Building or the Project due to furnish or any cause to be furnished any of the foregoing items whatsoever shall not result in affect any liability obligation of LandlordTenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction. Landlord shall Notwithstanding the foregoing, if Tenant is prevented from using, and does not be responsible use the Premises or liable for any loss, damage, or expense that Tenant may incur material portion thereof as a result of any change a disruption of utility serviceutilities to the Premises, including any change and such disruption is caused solely, without intervening cause by the intentional acts, gross negligence or willful misconduct of Landlord or Landlord Parties (an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days (the “Eligibility Period”), then the Base Rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that makes Tenant continues to be so prevented and does not use, the utility supplied less suitable for Tenant’s needsPremises, or for any failurematerial portion thereof, interruptionin the proportion that the Rentable Area of the Building that Tenant is prevented from using, stoppage, or defect in any utility serviceand does not use (the “Unusable Area”) bears to the total Rentable Area of the Building. In additionaddition to the foregoing, 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 if such changedisruption, failure, interruptionlack or shortage is caused by Landlord’s negligent or willful failure to observe or perform its obligations hereunder, stoppage or defect. In the event then, promptly after receipt of any written notice from Tenant specifying 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, initiate the cost, as determined by Landlord, cure of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost failure and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service diligently prosecute said cure 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. “completion.

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 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 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. Landlord agrees to furnish or cause to be furnished A. Tenant shall contract for and shall pay in a prompt and timely manner for all utilities and services supplied to the Premises during the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by Term of 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. Lease. B. 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 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 amounts owing hereunder by reason of the failure of any utilities and/or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, including, without limitation, any governmental energy conservation program, and any such change, failure, interruption, stoppage failure shall not constitute or defectbe construed as a constructive or other eviction of Tenant. In the event any governmental entity promulgates or revises any law applicable to the Building, or any part thereof, relating to the use or conservation of energy, water, gas, light, or electricity, or relating to the reduction of automobile or other emissions, or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord makes improvements to the Building or any part thereof in order to comply with such failurea law, interruptionwhether the law is mandatory or voluntary, stoppage Tenant shall comply with such law or defect, Landlord make such improvements to the Building or any part thereof related thereto. Such compliance and the making of such improvements 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 in no event entitle Tenant to payany damages, 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 relieve Tenant thereafter shall pay all charges of the utility providing such service obligation to pay Rent or any other amounts reserved or payable hereunder, or constitute or be construed as a constructive or other eviction of Tenant. C. Landlord makes no representation regarding the Premises directly to adequacy or fitness of 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 HVAC equipment in the Building to maintain temperatures that may be required for any equipment of Tenant, and Project Landlord shall be excluded from Operating Expenses. “have no liability for damage suffered by Tenant or others in connection therewith.

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 to furnish Tenant shall pay all charges for water, gas, ---------------------- electricity, telephone, central station monitor, refuse pickup, janitorial services, and all other utilities and services supplied or cause to be furnished to the Premises during the term of this Lease, together with any taxes thereon. Said utilities may be supplied to Tenant in common with any other tenant(s) in the Building, or at Landlord's or Tenant's option, be separately metered at Tenant's expense. If separately metered, or if the Premises consist of the entire building Tenant shall pay all such charges directly to the charging authority when due. If not separately metered, Tenant shall pay its allocable portion based upon the ratio between the Premises Gross Leasable Area and the total gross leasable square feet of space served by the common utility. However, if Landlord determines that Tenant is using a disproportionate amount of any utility service not separately metered, then Landlord may either install a separate meter to measure the utility service, at Tenant's cost, or charge Tenant a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use of such utility service. Tenant shall reimburse Landlord on a monthly basis for landlord's cost in furnishing 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 Premises within ten (10) days after Tenant receives an invoice from Landlord and in accordance with no event shall Landlord be liable to Tenant for any such failure or interruption unless caused by 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 misconduct of Landlord. No failure or interruption of any such utilities or services shall entitle Tenant to terminate this Lease or to withhold rent or other sums due hereunder and unless otherwise specifically provided herein. Landlord shall not be responsible for providing security guards or liable other security protection for all or any lossportion of the Premises or the Property, 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 own expense provide or obtain such security services as Tenant shall desire to pay, as Additional Rent, ensure the cost, as determined by Landlord, safety 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. “Property.

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 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. 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 thirty (30) days of billing 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. 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 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 incurred by such 18. 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 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. 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. 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 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. a) Landlord agrees to shall furnish or cause to the Premises with 3 phase 480 volt electricity, an adequate heating and air conditioning system and an adequate hot water system for the normal use and occupancy of the Premises. A separate meter will be furnished installed at Landlord's expense and Tenant shall pay for the consumption of such utilities based upon its metered usage. Tenant shall pay all bills for separately metered utility usage directly to the Premises service provider and any non- payment or late payment of such utility bills shall be deemed a default under the utilities terms of this Lease. b) Within the common areas of the Building, Landlord shall furnish reasonable: (i) landscaping, (ii) parking lot maintenance, (iii) common area maintenance and (iv) snow removal. Tenant shall be responsible for its Proportionate Share of such 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 Section 6(b) hereof. Notwithstanding the standards set forth thereinforegoing, Tenant shall provide janitorial service to the Premises, provided, however, Landlord shall be permitted to undertake such janitorial services upon written notice to Tenant in the event Landlord determines in its reasonable discretion that Tenant is not providing adequate services to the Premises. Landlord’s failure to furnish or cause to be furnished any of the foregoing items In such event, Tenant shall pay for such services as Additional Rent. c) Landlord shall not result in be liable for any liability damages to Tenant resulting from the quality, quantity, failure, unavailability or disruption of Landlordany services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to an abatement of rent. Landlord shall not be responsible or liable for providing 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 services not specifically provided 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. “Lease.

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 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 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 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 to furnish or cause to be furnished (a) Throughout the Term of this Lease, Tenant shall pay directly to the Premises the utilities utility company providing such service all costs for water, gas, heat, light, power, sewer, electricity, telephone and other services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”metered, and incorporated herein by this reference (“Standards for Utilities and Services”), subject chargeable or provided to the conditions and in accordance with the standards set forth thereinPremises. Landlord’s 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 Tenantother cause beyond Landlord’s needs, or for any failure, interruption, stoppage, or defect in any utility servicereasonable 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 Subparagraph 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 agrees to diligently attempt to resume service promptly. (b) The electricity for the Premises is currently in Landlord’s name. Tenant agrees to contact Southern California Edison at (000) 000-0000 within ten (10) days from the date Tenant takes possession of the Premises and have the bxxx for electricity put into Tenant’s name. Tenant shall reimburse Landlord for any interim charges actually billed to Landlord for electricity from the date Tenant takes possession of the Premises until the date the bxxx is put into Tenant’s name. In the event Tenant fails to put the bxxx for electricity in Tenant’s name within ten (10) days from the date Tenant takes possession of the Premises, Landlord shall diligently attempt have the right to cause service to be resumed promptly. If contact Southern California Edison on the eleventh (11th) day after 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, takes possession of the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) Premises and have the electricity for the Premises at turned off. Tenant hereby acknowledges that Tenant has the absolute responsibility to contact Southern California Edison and have electrical service put into Tenant’s sole cost name. In the event Tenant fails to put the bxxx for electrical service into Tenant’s name as required hereinabove and expenseLandlord has electrical service turned off, in which case Tenant thereafter shall pay all charges of the utility providing such understands that there will be no electrical service to the Premises directly Premises. In such event, Tenant releases and holds Landlord harmless from any claims, demands, liabilities, damages, expenses, actions and causes of action based on, arising out of, or related thereto. Tenant waives the right to the purveyor thereof additional notice of any kind from Landlord and/or Southern California Edison and specifically waives any rights 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 remedies provided 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. “Civil Code Section 789.3.

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. Landlord agrees 16.1. Tenant shall pay for all water, (including the cost to furnish or cause service, repair and replace reverse osmosis, deionized and other treated water, if any) gas, heat, light, power, telephone and other utilities supplied to the Demised Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion to be furnished to the Premises the utilities and services described determined by Landlord of all charges jointly metered with other premises as part of Tenant's Pro Rata Share of Operating Expenses, or in the Standards for Utilities alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant 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 charge Tenant with the standards set forth therein. Landlord’s failure to furnish or cause to cost of purchasing, installing and monitoring such metering equipment, which shall be furnished any of the foregoing items shall not result in any liability of Landlordpaid by Tenant as Additional Rent. 16.2. Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or liable for any lossservice whether or not such failure is caused by accident, damagebreakage, repairs, strikes, lockouts or expense that Tenant may incur as a result other labor disturbances or labor disputes of any change character, governmental regulation, moratorium or other governmental action, inability despite the exercise of utility servicereasonable diligence or by any other cause, 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 servicegross negligence of Landlord. In additionthe event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not nor be relieved from the performance operation of any covenant or agreement of this Lease. Notwithstanding the foregoing, in this Lease the event that the failure or interruption in services which has a material adverse effect upon Tenant's ability to use and enjoy the Demised Premises for the Permitted Use continues for a period in excess of ninety (90) days and is not caused by reason or contributed to by Tenant, beginning on the ninety-first (91st) day Rent shall be abated based upon the extent to which Tenant's use of any the Demised Premises has decreased due to such change, failure, interruption, stoppage failure or defectinterruption in services. In the event of a failure or interruption in services which has a material adverse effect upon Tenant's ability to use and enjoy the Demised Premises for the Permitted Use continues for a period in excess of fifteen (15) months and is not caused by or contributed to by Tenant, Tenant shall have the right to terminate this Lease prior to the restoration of such services upon not less than thirty (30) days prior written notice to Landlord. 16.3. Tenant shall pay directly to the applicable utility or service provider, prior to delinquency, for any separately metered utilities and services which may be furnished to Tenant or the Demised Premises during the Term. 16.4. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed (but which may be conditioned in accordance with Section 16.5), use any device in the Demised Premises, including, but without limitation, data processing machines, which will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.1.6 or be in excess of Tenant's Pro Rata Share of the Building's capacity to provide such failure, interruption, stoppage utilities or defect, Landlord shall diligently attempt to cause service to be resumed promptlyservices. 16.5. If Tenant requires shall require services in excess of that usually furnished or utilizes more water supplied for similar space in the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for use thereof, which consent Landlord may condition upon the availability of such excess utilities or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, services and Tenant's payment as Additional Rent, the cost, as determined by Landlord, Rent 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 cost to provide such excess services and utility capacity. Tenant hereby acknowledges and agrees that any changes or upgrades in the electrical energy delivered during each monthservice furnished or supplied to the Demised Premises and/or the Building, including but not limited to upgrades or changes to the transformer, service panel or switch gears, caused by the Tenant Improvements, shall be at Tenant's sole cost and expense and shall not be considered part of Tenant's Work, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space described in the Building and Project Work Letter. Any such changes or upgrades in the electrical service servicing the Demised Premises shall be excluded from Operating Expenses. “subject to the prior consent of Landlord which consent shall not be unreasonably withheld or delayed.

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 shall provide the Premises the following services, the cost of which shall be included in the Operating Costs, to furnish or cause the extent not separately metered to be furnished the Premises: water and electricity for the Premises seven (7) days per week, twenty-four (24) hours per day, and HVAC from a. m. to p.m. on Sunday. Landlord and shall provide janitorial service to the Premises and Building five (5) nights each week, exclusive of holidays, the utilities and costs of which shall also be included in Operating Costs. HVAC services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein will also be provided by this reference (“Standards for Utilities and Services”), subject Landlord to the conditions Premises during additional hours on reasonable notice to Landlord, at Tenant's sole cost and in accordance with the standards set forth therein. Landlord’s failure expense, at an hourly rate reasonably established by Landlord from time to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordtime and payable by Tenant, as and when billed, as Additional Rent. Landlord shall not be responsible or liable for any loss, damageinjury or damage to person or property caused by or resulting from any variation, interruption, or expense that Tenant may incur failure of utilities due to any cause whatsoever, and Rent shall not xxxxx 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 servicethereof. In addition, Tenant shall furnish all other utilities (including, but not be entitled to any abatement or reduction of Rentlimited to, no eviction of Tenant shall result from telephone, Internet, 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 cable service to be resumed promptly. If if available) and other services which Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordwith respect to the Premises, Landlord mayand shall pay, 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 '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 all utilities separately metered to rentable space the Premises and of all other utilities and other services which Tenant requires with respect to the Premises, except those to be provided by Landlord and included in Operating Expenses as described above. Notwithstanding the Building foregoing, if Tenant's use of the Premises incurs utility service charges which are above those usual and Project customary for the Permitted Use, Landlord reserves the right to require Tenant to pay a reasonable additional charge for such usage. Landlord shall not be excluded liable for any loss, injury or damage to person or property caused by or resulting from Operating Expenses. “any variation, interruption, or failure of utilities due to any cause whatsoever, and Rent shall not xxxxx as a result thereof.

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 be furnished (a) Tenant shall connect to, and become a direct customer of the local utility, for any utility services provided to the Premises Premises. Tenant shall pay, on or before the utilities due date, all charges imposed by such utility. (i) At Landlord's sole option, it may provide any utility service directly to Tenant, and services described charge Tenant for the costs of such service at a rate no greater than that which Tenant would pay if it were a direct customer of such utility. In such event, such sum shall be due and payable as additional rent hereunder. (ii) Tenant's usage of any utility shall be measured either by separate meter, or, if no separate meter is available, by an alternative means determined by Landlord. The cost of any meter(s) as well as the cost of installation and repair and replacement of any meter(s) shall be borne by Tenant which shall reimburse Landlord for the cost thereof within thirty days after receipt of written demand therefor. (c) Landlord reserves the right to stop the supply of water, sewage, electrical current, parking, and other services, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the Standards for Utilities and Services which are attached hereto judgment of Landlord desirable or necessary, or when prevented from supplying such services by strikes, lockouts, difficulty of obtaining materials, accidents or any other cause beyond Landlord's control, or by laws, orders or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of Rent or other compensation shall or will be claimed by Tenant as Exhibit “E”a result of, and incorporated herein by nor shall 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 Lease or cause to be furnished any of the foregoing items shall not result in obligations of Tenant be affected or reduced by reason of, any liability of Landlordsuch interruption, curtailment or suspension. Landlord shall not be responsible However, if such interruption, curtailment or liable suspension continues for either three consecutive days or any lossten days within a thirty-day period, 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 Rent 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. “axxxx.

Utilities and Services. Landlord agrees to furnish or cause to be furnished (a) Throughout the Term of this Lease, Tenant shall pay directly to the Premises the utilities utility company providing such service all costs for water, gas, heat, light, power, sewer, electricity, telephone and other services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”metered, and incorporated herein by this reference (“Standards for Utilities and Services”), subject chargeable or provided to the conditions and in accordance with the standards set forth thereinPremises. Landlord’s 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 Tenantother cause beyond Landlord’s needs, or for any failure, interruption, stoppage, or defect in any utility servicereasonable 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 Subparagraph 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 agrees to diligently attempt to resume service promptly. (b) The electricity for the Premises is currently in Landlord’s name. Tenant agrees to contact Rocky Mountain Power at (000) 000-0000 within ten (10) days from the date Tenant takes possession of the Premises and have the bxxx for electricity put into Tenant’s name. Tenant shall reimburse Landlord for any interim charges actually billed to Landlord for electricity from the date Tenant takes possession of the Premises until the date the bxxx is put into Tenant’s name. In the event Tenant fails to put the bxxx for electricity in Tenant’s name within ten (10) days from the date Tenant takes possession of the Premises, Landlord shall diligently attempt have the right to cause service to be resumed promptly. If contact Rocky Mountain Power on the eleventh (11th) day after 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, takes possession of the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) Premises and have the electricity for the Premises at turned off and Tenant shall be responsible for any additional costs incurred by Landlord plus an administration fee of Five Hundred Dollars ($500.00). Tenant hereby acknowledges that Tenant has the absolute responsibility to contact Rocky Mountain Power and have electrical service put into Tenant’s sole cost name. In the event Tenant fails to put the bxxx for electrical service into Tenant’s name as required hereinabove and expenseLandlord has electrical service turned off, in which case Tenant thereafter shall pay all charges of the utility providing such understands that there will be no electrical service to the Premises directly Premises. In such event, Tenant releases and holds Landlord harmless from any claims, demands, liabilities, damages, expenses, actions and causes of action based on, arising out of, or related thereto. Tenant waives the right to the purveyor thereof additional notice of any kind from Landlord and/or Rocky Mountain Power and specifically waives any rights 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 remedies provided 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. “law.

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 provided 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 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. “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. 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. 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. 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 other cause beyond Landlord's reasonable control, in addition, in the utility supplied less suitable for Tenant’s needs, event of any stoppage or for any failure, interruption, stoppage, interruption of services or defect in any utility service. In additionutilities, 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 (a) Lessee shall contract for and pay for all separately metered electricity, water and gas, and Lessor shall contract for and pay for, and Lessee shall reimburse Lessor therefor pursuant to furnish or cause to be furnished Paragraph 6 as an Operating Expense pursuant to the provisions of Paragraph 6, all common area electricity, gas, water, sewer, utility and other service charges. Lessee shall contract for and pay for janitorial service, refuse pick-up and any telephone, data or other communications services, any special utilities that serve only the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”(e.g., and incorporated herein by this reference distilled water, process gasses, etc.). (“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 b) Lessor shall not be responsible or liable to Lessee for any loss, damage, interruption or expense that Tenant may incur as a result failure of any change utility services to the Building or the Premises unless caused by the active negligence or willful acts 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 serviceLessor. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant Lessee 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 because of any such failure, interruption, stoppage or defect, Landlord . Lessor 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 make all charges of the utility providing such service repairs to the Premises directly required to restore such services to the purveyor Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 6 as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 6(b); provided, however, that Lessee shall have the option to pay for Lessee’s Pro Rata Share of any such improvement as a single lump-sum payment to avoid future interest costs described therein, and further provided that if such failure is caused by the active negligence or willful acts of Lessor, then Lessor shall bear such costs. Notwithstanding anything to the contrary contained in this Lease, if Lessee is prevented from using, and does not use, the Premises or any portion thereof, for thirty (30) consecutive days (the “Eligibility Period”), as a result of (i) any failure by Lessor to provide to the Premises any of the essential utilities and services required to be provided by Lessor pursuant to this Lease, or (bii) separate submeter(s) for any failure by Lessor to provide access to the Premises at Tenant(each failure which shall be an “Interruption”), then Lessee’s sole cost obligation to pay Rent shall be abated, as the case may be, from and expenseafter the first (1st) day following the Eligibility Period and continuing until such time that Lessee continues to be so prevented from using, and does not use, the Premises or a portion thereof as a result of the Interruption, in which case Tenant thereafter shall pay to Landlord upon demandthe proportion that the rentable square feet of the portion of the Premises that Lessee is prevented from using, an amount equal and does not use in the Premises bears to the Actual Electrical Costs total rentable square feet of the Premises; provided, however, that Lessee shall only be entitled to such abatement of Rent if the Interruption described in clauses (defined herein belowi) for all electrical energy delivered during each monthor (ii) of this sentence arises out of or results from Lessor’s active negligence or willful misconduct; provided, as measured by such submeter(s)further, and that Lessee shall not be entitled to abatement or reduction of Rent to the extent the matters described in either case, clauses (i) or (ii) above arise out of or results from an Interruption outside of Lessor’s reasonable control. To the cost of electrical power delivered to rentable space in the Building and Project extent Lessee shall be excluded from Operating Expenses. “entitled to abatement of Rent because of a Casualty pursuant to Paragraph 21 or a taking pursuant to Paragraph 22, then the terms of this Paragraph 16(b) shall not apply.

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 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 "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. Provided that Tenant is not in material default under this 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 Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), EXHIBIT I'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 where 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 Rent, rent 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 Landlordprojected at the date of this Lease, 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 additionthis case, 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 e utility providing such service and Landlord shall make 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. (a) From 7:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours”) (excluding legal holidays), Landlord agrees to shall furnish or cause to be furnished to the Premises the utilities electricity for lighting and services described in the Standards for Utilities operation of low-power usage office machines, water, heat and Services which are attached hereto as Exhibit “E”air conditioning, and incorporated herein elevator service. During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by this reference Landlord. (“Standards for Utilities b) If requested by Tenant, Landlord shall furnish heat and Services”)air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. (c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the conditions rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in accordance with the standards set forth therein. Landlord’s failure to furnish no event be excused or cause relieved from any covenant or obligation to be furnished kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of the foregoing items shall not result in any liability of Landlord. rationing, restrictions or Laws. (d) Landlord shall not be responsible or liable for any loss, damageinjury or damage to property caused by or resulting from any variation, interruption, or expense that failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant may incur as a result or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any change of utility service, including any change that makes damage to the utility supplied less suitable for Tenant’s needs, Premises or for any failureloss, interruptiondamage or injury to any property therein or thereon occasioned by bursting, stoppagerupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or defect in any utility service. In additionother similar cause in, Tenant shall not be entitled to any abatement above, upon or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from about 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 RentPremises, the costBuilding, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for or 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. “Project.

Utilities and Services. Subject to reimbursement pursuant to Sections 6.01 and 8.03 hereof, to the extent applicable, Landlord agrees to shall furnish or cause to be furnished to the Premises the lines for water, electricity, sewage and telephone. Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, heat, electricity, power, telephone service, sewer service charges and other utilities and or 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 charged or attributable to the conditions Premises; provided, however, that if any such services or utilities shall be billed to Landlord and in accordance with are not separately billed to 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 additionPremises, Tenant shall not be entitled pay to any abatement or reduction of Landlord as Additional Rent, no eviction an amount equal to that proportion of the total charges therefor which the Rentable Area of the Premises bears to the rentable area of leased area covered by such charges. Notwithstanding the above, in the event Tenant uses any such services during non-standard building hours, Tenant shall result from and Tenant shall not be relieved from pay the performance actual cost of any covenant or agreement in this Lease such after-hours services used by reason of any such change, failure, interruption, stoppage or defectTenant. In the event of the stoppage or interruption of any such failure, interruption, stoppage or defectservices, Landlord shall diligently attempt to cause service the affected services or utilities to be resumed promptlyas promptly as practicable after notice to Landlord. 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, In the cost, as determined by Landlord, event of failure 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 utilities or services to be provided to the Premises directly results in the inability of Tenant to conduct business in the Premises for a period in excess of seven (7) consecutive days and such failure is caused by the acts or omissions of Landlord or is within Landlord’s reasonable control, then Tenant shall be entitled to Rent abatement in proportion to the purveyor thereof or (b) separate submeter(s) for area of the Premises at which cannot be used for Tenant’s sole cost operation of its business from the Premises, which abatement shall commence on the eight (8th) day of such interruption and expense, in which case continue until such interruption ceases. Tenant thereafter shall pay give Landlord prompt written notice of any such interruption of its use of the Premises resulting from the failure of services or utilities to Landlord upon demand, an amount equal be provided pursuant 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. “this Subsection 8.02.

Utilities and Services. Landlord agrees (a) Lessor shall contract for and pay for, all electricity, gas, water, heat and air conditioning service, janitorial service, refuse pick-up, sewer charges, and all other utilities or services supplied to furnish or cause consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises, excluding telephone service to be furnished the Building for which Lessee shall contract and pay directly. Furthermore, Lessee shall have the option to contract directly for janitorial services to the Premises pursuant to Paragraph 15(b). Notwithstanding the utilities foregoing, Lessee shall be responsible for paying the cost of electricity and services described in associated HVAC provided to the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”server room(s), subject to the conditions as provided for in Paragraph 5(d). Such costs shall be considered rent and shall be payable as provided for 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 Paragraph 5(d). (b) Lessor shall not be responsible or liable to Lessee for any loss, damageinterruption or failure of any utility services to the Premises which is not caused by the negligence or willful acts of Lessor, or expense that Tenant may incur as a result of any change of utility serviceLessor’s employees, including any change that makes the utility supplied less suitable for Tenant’s needsagents, or for any failure, interruption, stoppage, or defect in any utility servicecontractors. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant Lessee 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 because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, interruptionagents, stoppage or defectcontractors, Landlord or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall diligently attempt make all repairs required to cause service restore such services to be resumed promptlythe Premises. If Tenant requires the Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or utilizes more water other services, interference with access to the Premises, legal restrictions or electrical power than is considered reasonable the presence of any Hazardous Material which does not result from Lessee's release or normal by Landlordemission of such Hazardous Material, Landlord mayand in any of the foregoing cases the interference with Lessee’s use of the Premises persists for thirty (30) days, at its optionthen Lessee shall be entitled to an equitable abatement of rent, require Tenant to pay, as including any Additional Rent, to the costextent of the interference with Lessee's use of the Premises, as determined by Landlordthe case may be, is caused thereby. Excluding damage or destruction of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost which shall be governed by Paragraph 21, if the interference persists and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly are not reasonably suitable for Lessee’s use for more than ninety (90) consecutive days, Lessee shall have the right 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. “terminate this Lease.

Utilities and Services. Landlord agrees to furnish or cause to be 6.1 Lessee shall pay during the Lease Term the costs of all utilities furnished to the Premises the utilities Premises, including, without limitation, water, gas, electricity, sewer 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 refuse disposal to the conditions extent required by Lessee or applicable law. Lessor warrants that such utilities are available to the Premises over public rights of way or valid private easements and will be available for Lessee's use on the Commencement Date to the extent necessary for Lessee to operate the Premises in accordance with Section 4 hereof without requirement by Lessee to pay any hook-up charges and upon payment of only normal and customary usage charges. Lessee shall be solely responsible for the standards set forth thereinpayment of all telephone and cable charges incurred by Lessee, including, without limitation, the cost of installation at the Premises of all telephone and cable equipment which shall be installed at the request of Lessee. Landlord’s failure to furnish or cause to The furnishing of and cost of janitorial services for the Premises shall be furnished any the sole responsibility of the foregoing items shall not result in any liability of Landlord. Landlord Lessee. 6.2 Lessor shall not be responsible or held liable for any lossdamage or injury suffered by Lessee, damageresulting directly, indirectly, approximately or remotely from the installation, use or interruption of any utility service to the Premises or the Building, including, without limitation, temporary failure to supply any heating, air conditioning, electrical, water or sewer services, or expense that Tenant may incur any of them, and in particular any interruption in service by any cause beyond the immediate control of Lessor except as expressly provided herein. Nothing herein shall be deemed to release Lessor from any liability for any damage or injury suffered or incurred as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, Lessor's negligence or for any failure, interruption, stoppage, or defect in any utility servicewillful misconduct. In addition, Tenant No temporary failure to provide services shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result relieve Lessee from and Tenant shall not be relieved from the performance fulfillment of any covenant of this Lease, including, without limitation, the covenant to pay Base Rent or agreement any other Amount Due in this Lease by reason of any such changethe manner and amounts, failure, interruption, stoppage or defect. In and promptly at 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 paytimes, as Additional Rentherein set forth unless caused by the negligence or willful misconduct of Lessor. Further, the cost, as determined by Landlord, of parties acknowledge that the temporary failure to provide such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) services for any reason shall not render the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges untenantable unless caused by the negligence or willful misconduct 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. “Lessor.

Utilities and Services. 1. From 7:00 a.m. to 6:00 p.m. on weekdays ("NORMAL BUSINESS HOURS" (excluding legal holidays)), Landlord agrees to shall furnish or cause to be furnished to the Premises electricity for lighting and operation of low power usage office machines, water, heat and air conditioning, per the utilities following specifications: provide adequate electrical wiring and facilities for connection to Tenant's lighting fixtures and incidental use equipment provided that (i) the connected electrical load to the incidental use equipment not exceed an average of 3.5 waits connected load per rentable square foot of the Premises during the Normal Business Hours on a monthly basis, and the electricity so furnished for incidental use equipment will be a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, and (ii) the connected electrical load of Tenant's lighting fixtures does not exceed an average of 1.0 watt per useable square foot of the Premises during the Normal Business hours on a monthly basis, and the electricity of furnished for Tenant's lighting will be a nominal one hundred twenty (120) volts, which electrical usage shall be subject to applicable laws and regulations. Tenant shall bear the cost of replacement of lamps, starters and ballasts for non-Building standard lighting fixtures within the Premises, and Landlord shall pay such cost for such building-standard fixtures, which cost shall be included in Operating Expenses. During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services described for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by 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 telephone services and equipment as may be required 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 use of the foregoing items shall not result in any liability of LandlordPremises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant's inability to receive such service, unless it was caused by Landlords gross negligence, and any such inability shall not relieve Tenant of any of its obligations under this Lease. 2. If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. During the initial Term, the cost of heat or air conditioning supplied during hours other than Normal Business Hours shall be the actual cost of such service. 3. Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Portland General Electric to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord's sole discretion (any such provider being referred to herein as the "Electric Service Provider"). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant's operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant's use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible or liable for any loss, damage, expense or expense that Tenant may incur as a result of any change of utility serviceliability, including without limitation loss of business or any change that makes consequential damages, arising from any failure or inadequacy of the utility supplied less suitable for Tenant’s needselectrical service being provided to the Premises or the Building, or for whether resulting from any change, failure, interruptioninterference, stoppagedisruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any utility service. In additioncause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant shall not be entitled to any abatement or reduction diminution of RentRent or otherwise relieve Tenant from any of its obligations under this Lease UNLESS CAUSED BY LANDLORD'S GROSS NEGLIGENCE. 4. Tenant acknowledges that the Premises, no eviction the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall result from be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall not in no event be excused or relieved from the performance of any covenant or agreement in this Lease obligation to be kept or performed by Tenant by reason of any such changerationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, failurerestrictions or Laws. 5. Landlord shall not be liable, unless caused by Landlord's gross negligence for any loss, injury or damage to property caused by or resulting from any variation, interruption, stoppage or defectfailure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the event Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. 6. Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, and Landlord shall have no liability for loss or damage in connection therewith. Tenant shall not, without Landlord's prior written consent, use, equipment or lighting in a quantity or of a type which is not typical for office use and, as a result, would materially and adversely the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of this Paragraph 5. If such failure, interruption, stoppage or defectconsent is given, Landlord shall diligently attempt have the right to cause service install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the 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 be resumed promptlyLandlord upon billing by Landlord. Tenant shall not use water or heat or air conditioning in excess of that normally supplied by Landlord. Tenant's consumption of electricity shall not exceed the Building's capacity considering all other tenants of the Building. If Tenant requires uses water, or utilizes more water natural gas, heat or electrical power than is considered reasonable or normal air conditioning in excess of the supplied by LandlordLandlord pursuant to Paragraph 5(a) of this Lease, Landlord may, at its option, require Tenant to shall pay, as Additional Rentwithin thirty (30) days after billing, the actual cost, as determined by Landlordwithout profit or overhead, 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 caseexcess consumption, the cost of electrical power delivered the installation, operation, and maintenance of equipment which is installed in order to rentable space supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the Building and increased cost directly to Landlord, within thirty (30) days after billing, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project shall be excluded from Operating Expenses. “or the risers or wiring installation

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 (a) Tenant shall obtain in its own name and shall pay directly to the appropriate suppliers the cost of all utilities and services used in connection with the Lease and/or Premises, including, but not limited to, water, sewer, natural gas, heat, light, electrical power, telephone, refuse disposal, janitorial and other utilities and services. Xxxxxx also acknowledges and agrees to furnish reimburse the allocated expense for the operation of the sewer and grinder servicing the premises from the adjoining property known as the Old Library, dba The Library Steakhouse. Landlord does not warrant that any of the services mentioned above or cause any other service will be free from interruption caused by repairs, improvements, alterations, strikes, lockouts, labor controversies, accidents, or any other cause(s) beyond the control of the Landlord. Any interruption of service whatsoever shall never be deemed an eviction or disturbance of Tenant’s use and Possession of all or any part of the Premises, or render Landlord liable to Tenant for damages or relieve Tenant from performance of Tenant’s obligations under this Lease, unless such interruption of service is due solely to Landlord’s gross negligence or intentional misconduct. (b) Tenant shall not install in the Premises any equipment which requires more electric current than 220-240 volts, taking into account the capacity of the electric wiring in the Premises, and shall not in any event use any electrical equipment which requires in excess 220-240 volts without prior written approval of Landlord. Such approval will be furnished based upon the inspection and opinion of a certified electrician which shall be obtained at the cost of the Tenant. No electric wires, antennae, satellite dish, aerial wires or other electrical equipment or apparatus and signal, cable television, alarm or other utility or similar service connections (collectively “Additions”) shall be installed or changed inside, outside or to the Premises by Tenant without 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 prior written approval of Landlord. Landlord , which approval shall not be unreasonably withheld. Tenant shall be responsible for all costs in connection with the installation or liable for any loss, damage, or expense that Tenant may incur as a result removal 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. “Additions.

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.

Utilities and Services. Provided that Tenant is not in default under this 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 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 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 to the purveyor thereof or (b) separate submeter(s) account for the fact Tenant is directly paying such metered charges. 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. “are separately metered.

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 to furnish or cause to be furnished Lessee shall pay for all commercially reasonable amounts of water, gas, heat, light, power supplied to the Premises Premises, together with any taxes thereon. Notwithstanding the utilities and services described provisions of Section 4, if at any time in Lessor’s sole judgment, Lessor determines that Lessee is generating such a large volume of trash as to require an increase 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 size of the foregoing items shall not result trash receptacle and/or an increase in any liability the number of Landlordtimes per month that it is emptied, then Lessor may increase Lessee’s Base Rent by an amount equal to such increased costs. Landlord Lessor shall not be responsible or liable in any respect whatsoever (other than providing the equitable abatement of rent) 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, interruptioninadequacy, stoppage, interruption or defect in discontinuance of any utility serviceor 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. In addition, Tenant shall not be entitled Notwithstanding anything 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 contrary contained in this Lease by reason of any such changeLease, failure, interruption, stoppage or defect. In in the event of any interruption in any utility service due to the negligence or willful misconduct of Lessor, its agents, employees or contractors, which interruption renders the Premises wholly or partially unusable for the reasonable operation of Lessee’s business therein for a period of forty-eight (48) consecutive hours, Rent shall thereafter equitably xxxxx during such failure, interruption, stoppage or defect, Landlord shall diligently attempt period in proportion to cause service the degree to be resumed promptlywhich Lessee’s use of the Premises is impaired. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord mayLessee, 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 sole option and discretion and at TenantLessee’s sole cost and expense, in which case Tenant thereafter shall pay all have the right to install separate check meters to measure utilities actually consumed at the Premises, and if Lessee does so, from and after the date of such installation, Lessee’s utility charges shall be based upon actual consumption 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, utilities as measured by such submeter(sLessee’s check meter(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 (a) Lessor shall contract for and pay for, and Lessee shall reimburse Lessor therefor pursuant to furnish Paragraph 5 as an Operating Expense, all electricity, gas, water, heat and air conditioning service, refuse pick-up, sewer charges, and all other utilities or cause services supplied to be furnished or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises, excluding telephone and data service to the Premises the utilities Building for which Lessee shall contract and services described pay directly. Lessor, at its sole cost and expense shall ensure that electricity in the Standards for Utilities Premises in Building 5 and Services which Building 6 are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject separately metered prior to the conditions Commencement Date and in accordance shall provide Lessee with copies of any utility bills and invoices for services upon written request therefor. Lessee may notify Lessor of its intent to contract for and pay for its own janitorial services for the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any interior of the foregoing items shall not result Premises and provided such janitorial service meets Lessor’s standards for “Class A” service provided elsewhere in any liability of Landlord. Landlord the Building as reasonably determined by Lessor, Lessor will permit Lessee to contract for its own janitorial service. (b) Lessor shall not be responsible or liable to Lessee for any loss, damage, interruption or expense that Tenant may incur as a result failure of any change utility services to the Building or the Premises which is not caused by the active negligence or willful acts 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 serviceLessor. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant Lessee 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 because of any such failure, interruption, stoppage or defect, Landlord . Lessor 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 make all charges of the utility providing such service repairs to the Premises directly required to restore such 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 thereof shall be excluded from payable by Lessee pursuant to Paragraph 5 as a current Operating Expenses. “Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b); provided, however, if such failure is caused by the active negligence or willful acts of Lessor, then Lessor shall bear such costs.

Utilities and Services. Tenant shall obtain in its own name and shall pay directly to the appropriate supplier the cost of all utilities and services serving the Leased Premises, including, but not limited to: natural gas, heat, light, electrical power, water, sewer, telephone, janitorial service, refuse disposal and other utilities and services. Except as set forth below, Landlord agrees to furnish shall not be liable in damages or cause to be otherwise for any failure or interruption of any utility service or other service furnished to the Premises Leased Premises; and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the utilities and services described foregoing, in the Standards for Utilities and Services which are attached hereto as Exhibit “E”event that (i) such interruption is due to Landlord’s, or its employees’, agents’ or contractors’, negligence or intentional wrongful acts, and incorporated herein by this reference (“Standards ii) the Leased Premises are untenantable (meaning that Tenant is not reasonably able to use such space in the normal course of its business for Utilities and Services”the Intended Use), subject then Tenant shall notify Landlord in writing that Tenant intends to xxxxx rent. If service has not been restored within five (5) days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent and Additional Rent shall xxxxx on a per diem basis commencing on the conditions date of the interruption and in accordance with continuing during the standards set forth thereintime when the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for 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 lossrestore service as set forth above, 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 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 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 Provided Tenant is not in default of any term, condition or covenant of this Lease, Tenant agrees to furnish or cause to be furnished to the Leased Premises gas, water (for drinking, cleaning and lavatory purposes only), and electricity during the utilities term of this Lease. Tenant shall furnish tempered and services described refrigerated water at those points of supply designated by Landlord in the Standards for Utilities Common Areas, heated and Services which are attached hereto as Exhibit “E”refrigerated air conditioning in season (at temperatures, in amounts and incorporated herein at times considered by this reference (“Standards for Utilities Landlord to be standard or in compliance with any governmental regulations; such service after hours, on Saturday afternoons, Sundays and Services”holidays will be furnished only upon the prior written request of Tenant who shall bear the entire cost thereof). Tenant shall furnish janitorial service, subject in the manner and to the conditions extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants. Tenant shall not hinder the work of the Building Maintenance personnel. Landlord shall furnish routine maintenance, painting and lighting service for all Common Areas in accordance with the standards set forth therein. Landlord’s failure manner and to furnish or cause the extent deemed by Landlord to be furnished any of the foregoing items shall not result in any liability of Landlordstandard. Tenant will pay all telephone charges. Landlord shall not be responsible liable in damages or liable otherwise for any lossfailure, damage, stoppage or expense that Tenant may incur as a result interruption of any change such service nor shall the same be construed as an eviction of utility serviceTenant, 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 work an abatement or reduction of Rent, no eviction of or relieve Tenant shall result from and Tenant shall not be relieved from the performance operation of any covenant or agreement set forth herein; but in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof not caused by Tenant or Tenant's agents, employees, contractors, clients or invites, Landlord shall diligently attempt use reasonable diligence 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 LandlordNotwithstanding anything hereinabove to the contrary, Landlord may, at its option, require Tenant reserves the right 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 time to make reasonable modifications to the Premises directly to the purveyor thereof or (b) separate submeter(s) above standards for the Premises at Tenant’s sole cost services 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.

Utilities and Services. Landlord agrees (a) Lessor shall contract for and pay for, and Lessee shall reimburse Lessor therefor pursuant to furnish Paragraph 4(e) as an Operating Expense, all electricity, gas, water, heat and air conditioning service, janitorial service, refuse pick-up, sewer charges, and all other utilities or cause services supplied to be furnished or consumed by Lessee, its agents, employees, contractors, and invitees in or about the Premises or the Property, excluding telephone service to the Building for which Lessee shall contract and pay directly. Furthermore, Lessee shall have the option to contract directly for janitorial services to the Premises pursuant to Paragraph 13(b). (b) Lessor shall promptly provide and uniformly enforce reasonable written standard operating procedures governing the utilities operation, maintenance, repair and services described modification of all shared systems in the Standards for Utilities Building (including, without limitation, the HVAC, plumbing, clean dry air and Services which are attached hereto electrical) so as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance minimize any interference with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any use of such systems by the foregoing items shall not result in any liability of Landlord. Landlord shared users. (c) Lessor shall not be responsible or liable to Lessee for any loss, damageinterruption or failure of any utility services to the Building or the Premises which is not caused by the negligence or willful acts of Lessor, or expense that Tenant may incur as a result of any change of utility serviceLessor’s employees, including any change that makes the utility supplied less suitable for Tenant’s needsagents, or for any failure, interruption, stoppage, or defect in any utility servicecontractors. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant Lessee 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 because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, interruptionagents, stoppage or defectcontractors, Landlord or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall diligently attempt make all repairs to cause service the Property required to restore such services and, unless such interruption or failure of any utility services is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, the cost thereof shall be resumed promptlypayable by Lessee pursuant to Paragraph 4(e) as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 4(b). If Tenant requires the Premises should become not reasonably suitable for Lessee's use as a consequence of cessation of utilities or utilizes more water other services, interference with access to the Premises, legal restrictions or electrical power than is considered reasonable the presence of any Hazardous Material which does not result from Lessee's release or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, emission 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)Hazardous Material, and in either caseany of the foregoing cases the interference with Lessee's use of the Premises persists for thirty (30) days, then Lessee shall be entitled to an equitable abatement of rent to the cost extent of electrical power delivered the interference with Lessee's use of the Premises occasioned thereby. If the interference persists and the Premises are not reasonably suitable for Lessee’s use for more than ninety (90) consecutive days, Lessee shall have the right to rentable space in terminate this Lease, excluding damage or destruction of the Building and Project or the Premises which shall be excluded from Operating Expenses. “governed by Paragraph 19.

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, at Lessee’s expense, and Lessee agrees thereafter to pay the cost of all such utility service to the Premises, and Lessor will make an appropriate adjustment to Lessee’s Operating Expenses calculation to account for the fact Lessee is directly paying such metered charges, provided Lessee will remain obligated to pay its proportionate share of Operating Expense subject to such adjustment. (b) Standards for Utilities and Services: The following standard for utilities and services are in effect. Lessor reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Lessee remains in occupancy of the Premises, Lessor will provide or make available the following utilities and services: (i) On Monday through Friday, except holidays recognized by businesses generally, from 8:00 a.m. to 6:00 p.m. (and other times for a charge of $35.00 per hour), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Lessor it may be required for the comfortable occupancy of the Premises, provided that Lessor’s HVAC system has the capability to provide ventilation only, and if ventilation only is provided after hours at TenantLessee’s request, no charge will be made for such service. Lessee agrees to cooperate fully at all times with Lessor, and to abide by all reasonable regulations and requirements which Lessor may prescribe for the proper function and protection of said air conditioning system. Lessee agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building. Lessee further agrees that neither Lessee nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Project or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Lessee if the need for maintenance work results from either Lessee’s adjustment of room thermostats or Lessee’s failure to comply with its obligations under this section. Power and cooling loop to equipment provided by Lessee for dedicated cooling of server room shall be available 24/7 without additional charge. (ii) Lessor will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computer and word processing equipment in an amount not to exceed six (6) xxxxx per square foot per normal business day. Lessee agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Lessor monthly for the measured consumption at the average cost per kilowatt hour charged to the building during the period. If a separate meter is not installed at Lessee’s cost, such excess cost will be established by an estimate agreed upon by Lessor and Lessee, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Lessor’s reasonable discretion, whose fee shall be shared equally be Lessor and Lessee. Lessee agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and work processing equipment) which may in anyway increase the amount of such services usually furnished or supplied to said Premises, and Lessee further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Lessor. Should Lessee use the same to excess, the refusal on part of Lessee to pay upon demand of Lessor the amount established by Lessor for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Lessor to the rights therein granted for such breach. Lessee’s use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Lessees will not install or use or permit the installation of use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Lessor. Lessor hereby consents to Lessee’s computer server room. (iii) Water will be available in public areas for drinking and lavatory purposes only, but if Lessee requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes, of which fact Lessee constitutes Lessor to be the sole judge, Lessor may install a water meter and thereby measure Lessee’s water consumption for all purposes. Lessee agrees to pay Lessor for the cost of the meter and the cost of the installation thereof and throughout the duration of Lessee’s occupancy Lessee will keep said meter and installation equipment in good working order and repair at Lessee’s own cost and expense, in default of which case Tenant thereafter shall Lessor may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Lessee. Lessee agrees to pay all for water consumed, as shown on such meter, as and when bills and rendered, and on default in making such payment, Lessor may pay such charges and collect the same from Lessee. Any such costs or expenses incurred, or payments made by Lessor for any of the utility providing such reasons or purposes hereinabove stated will be deemed to be additional rent payable by Lessee and collectible by Lessor as such. (iv) Lessor will provide janitorial service to the Premises directly Premises, and unless otherwise agreed to the purveyor thereof or (b) separate submeter(s) for by Lessor and Lessee, no one other than persons approved by Lessor shall be permitted to enter the Premises at Tenant’s sole cost for such purposes. Janitorial service will be provided of the character and expense, frequency provided in which case Tenant thereafter shall first class office buildings in northern San Mateo County. Lessee agrees 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 such submeter(s), and in either case, Lessor the cost of removal of any of Lessee’s refuse and rubbish to the extend that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices. (v) Lessor reserves the right to stop service of the plumbing, ventilation, air conditioning and electrical power delivered to rentable space systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, when in the Building judgment of Lessor such actions are desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Project shall Lessor will have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilating, air conditioning or electric service, when prevented from so doing by strike or accident or by any cause beyond Lessor’s reasonable control, or by laws, rules orders, ordinances, directions, regulations or by reason of the requirements of any federal, state, county or municipal authority or failure of gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel supply. It is expressly understood and agreed that any covenants on Lessor’s part to furnish any services pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Lessee, will not be excluded from Operating Expenses. “deemed breached if Lessor is unable to furnish or perform the same by virtue of a strike of labor trouble or any other cause whatsoever beyond Lessor’s control.

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. 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. (a) Landlord agrees to furnish or cause to be furnished to the Leased Premises the utilities heat, electricity, air conditioning and services described in the Standards for Utilities hot and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)cold water, subject to the conditions and in accordance with the standards set forth thereinin this Section 6. (b) Tenant shall be responsible to pay Landlord for all utilities furnished by Landlord to the Leased Premises. Landlord’s failure In the event that any utilities are not separately metered, the amount Tenant shall pay for such utilities shall be payable as a Property Expense in accordance with Section 5 hereof. (c) Tenant agrees to furnish or cause cooperate fully, at all times, with Landlord and to be furnished any abide by all of the foregoing items regulations and requirements that Landlord may reasonably prescribe for the use of the above utility services. Tenant's use of electricity shall at no time exceed the capacity of the service to the Building or the electrical risers and wiring installation contained in the Building. Tenant shall not result install, use or permit the installation or use of any computer, electronic data processing equipment or any other similar equipment or any other equipment used in any liability the conduct of Tenant's business (other than standard office equipment) without the prior written consent of Landlord. . (d) 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 Rentrent by reason of Landlord's failure to furnish any of the foregoing utility services when such failure is caused by accident, no eviction breakage, repairs, riots, strikes, lockouts or other labor disturbance or labor dispute of Tenant shall result from any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable due diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's immediate and Tenant reasonable control or for stoppages or interruptions of any such services for the purpose of making necessary repairs or improvements. Failure, stoppage or interruption of any such service shall not be relieved construed as an actual or constructive eviction or as a partial eviction against Tenant or a release of Tenant from the prompt and punctual performance by Tenant of all of Tenant's covenants contained herein. Notwithstanding anything to the contrary contained herein, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for utilities and services. (e) Notwithstanding anything to the contrary contained herein, Landlord and Tenant agree that Landlord's obligation to furnish heat, electricity, air conditioning and hot and cold water to the Leased Premises shall be subject to and limited by all laws, rules and regulations of any covenant governmental authority affecting the supply, distribution, availability, conservation or agreement consumption of energy, including, but not limited to, heat, electricity, gas, oil or water. Landlord shall abide by all such governmental laws, rules and regulations and, in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectso doing, Landlord shall diligently attempt to cause service to not 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, in default in any manner whatsoever under the cost, as determined by Landlord, terms 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)this Lease, and Landlord's compliance therewith shall not affect in either case, any manner whatsoever Tenant's obligation to pay the cost of electrical power delivered to rentable space full rental set forth in the Building and Project shall be excluded from Operating Expenses. “this Lease.

Utilities and Services. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. 16.2 Landlord agrees may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to furnish or cause reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. Tenant shall not be furnished liable for the cost of utilities supplied 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 attributable to the conditions and in accordance with time period prior to 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. Term Commencement Date. 16.3 Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility 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 whether or not such failure is caused by Force Majeure (as defined below) or, to the utility supplied less suitable for Tenantextent permitted by Applicable Laws, Landlord’s needs, or for any failure, interruption, stoppage, or defect in any utility servicenegligence. In additionthe event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, no eviction of nor shall Tenant shall result from and Tenant shall not be relieved from the performance operation of any covenant or agreement of this Lease. Notwithstanding anything to the contrary in this Lease, if, for more than seven (7) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent) shall thereafter be abated until the Premises are again usable by reason Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then Base Rent shall not be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such change, failure, interruption, stoppage or defectMaterial Service Failure. In the event of any such failureinterruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, interruption, stoppage or defectregardless of the cause, Landlord shall diligently attempt pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to cause service the contrary, but subject to Article 23 (which shall govern in the event of a casualty), the provisions of this Section shall be resumed promptly. If Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises. 16.4 Tenant requires shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or utilizes more water or electrical power than is considered reasonable or normal earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, Landlord mayincluding telephone, at its optioninternet service, require cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to pay, as Additional Rent, the cost, as determined by Landlord, supplier of such extraordinary usage. In additionutilities or services. 16.5 Tenant shall not, Landlord may install: without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) separate meter(sincrease the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the 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 Permitted Use or (b) separate submeter(s) for the Premises at exceed Tenant’s sole cost and expense, in which case Tenant thereafter shall pay Pro Rata Share of the Building’s or Project’s (as applicable) capacity 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 provide 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 or services.

Utilities and Services. Landlord agrees to furnish or cause to be furnished (a) Tenant shall connect to, and become a direct customer of the local utility, for any utility services provided to the Premises Premises. Tenant shall pay, on or before the utilities due date, all charges imposed by such utility. (i) At Landlord's sole option, it may provide any utility service directly to Tenant, and services described charge Tenant for the costs of such service at a rate no greater than that which Tenant would pay if it were a direct customer of such utility. In such event, such sum shall be due and payable as additional rent hereunder. (ii) Tenant's usage of any utility shall be measured either by separate meter, or, if no separate meter is available, by an alternative means determined by Landlord. The cost of any meter(s) as well as the cost of installation and repair and replacement of any meter(s) shall be borne by Tenant which shall reimburse Landlord for the cost thereof within thirty days after receipt of written demand therefor. (c) Landlord reserves the right to stop the supply of water, sewage, electrical current, parking, and other services, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the Standards for Utilities and Services which are attached hereto judgment of Landlord desirable or necessary, or when prevented from supplying such services by strikes, lockouts, difficulty of obtaining materials, accidents or any other cause beyond Landlord's control, or by laws, orders or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of Rent or other compensation shall or will be claimed by Tenant as Exhibit “E”a result of, and incorporated herein by nor shall 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 Lease or cause to be furnished any of the foregoing items shall not result in obligations of Tenant be affected or reduced by reason of, any liability of Landlordsuch interruption, curtailment or suspension. Landlord shall not be responsible However, if such interruption, curtailment or liable suspension continues for either three consecutive days or any lossten days within a thirty-day period, 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 Rent 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. “xxxxx.

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 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 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 Expenses. “soon as possible.

Utilities and Services. It is the intention of the parties that Tenant be entitled to receive, with respect to Premises, the benefit of any services, utilities (including water and heating) repairs, maintenance, facilities and other ongoing services from Prime Landlord agrees to furnish or cause to be furnished that Landlord, as tenant, receives with respect to the Premises under the utilities Prime Lease and to the extent the foregoing are applicable to the Premises leased hereunder, subject in all cases to the terms of the Prime Lease. In connection with the foregoing, Tenant acknowledges and agrees that the foregoing described services described can only be provided by Prime Landlord and that Landlord has no right or ability to control the same. As a result, to the extent Prime Landlord has agreed in the Standards for Utilities Prime Lease to provide services, utilities, repairs, facilities and Services which other services to Landlord, as tenant, including the services under Sections 3.5, 4.1 and 4.3 of the Prime Lease and provided such services are attached hereto as Exhibit “E”applicable to the Premises, Landlord agrees, on behalf of Tenant, to enforce, in a reasonable manner and at Tenant's direction and cost, its rights against Prime Landlord under the Prime Lease. Tenant hereby releases and holds Landlord harmless from, and incorporated herein currently waives any claims arising in the future relating to, any damages, interference, costs and expenses incurred or suffered 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 (i) the failure of utility servicePrime Landlord to properly maintain, including any change that makes repair or operate the utility supplied less suitable for Tenant’s needsPremises and Building systems, or for any failure, interruption, stoppage, or defect in and (ii) the failure of Prime Landlord to supply any utility serviceand other services to be provided to Landlord, as tenant, under the Prime Lease. In addition, The payment of Fixed Basic Rent and Additional Rent by Tenant pursuant to this Lease is an absolute and independent covenant and shall not be entitled affected in any way by the failure of Prime Landlord to any abatement so maintain, repair or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant operate or agreement in this Lease by reason of to supply any such changeutility or services except if and to the extent Landlord's rental obligations to Prime Landlord under the Prime Lease are abated, failurereduced, interruption, stoppage suspended 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 offset with respect to the Premises directly to as a result of 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. “foregoing.

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. 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. 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 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. 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”)"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 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. 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. 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 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. 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 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. Landlord agrees 16.1 Tenant shall pay for all water (including the cost to furnish or cause service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to be furnished the Premises, together with any fees, surcharges and taxes thereon. Tenant, as part of the Tenant Improvements, shall install meters to measure Tenant’s use of such utilities supplied to the Premises and Tenant shall pay the utilities cost of such use (along with any monitoring costs) to Landlord as Additional Rent. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Share (as defined in Section 9.1(c)) of all charges of such utility jointly metered with other premises as Additional Rent. In the event that the Building, the North Campus or Project is less than fully occupied, Tenant acknowledges that Landlord may extrapolate utility usage that vary depending on the occupancy of the Building, the North Campus or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building, North Campus or Project (as applicable) that is occupied, then multiplying (y) the resulting quotient by (z) ninety-five percent (95%) of the total Rentable Area of the Building, North Campus or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) 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”z), 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 adjustment based on actual usage as reasonably determined by Landlord. In no event shall Landlord recover more than one hundred percent (100%) of such utility costs. 16.2 Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or liable for any lossservice, damagewhether or not such failure is caused by accident; breakage; repair; strike, lockout or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; act of utility serviceterrorism; shortage of materials, including any change that makes which shortage is not unique to Landlord or Tenant, as the utility supplied less suitable for Tenantcase may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s needscontrol (collectively, “Force Majeure”) or for any failure, interruption, stoppage, or defect in any utility serviceLandlord’s negligence. In additionthe event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, no eviction of nor shall Tenant shall result from and Tenant shall not be relieved from the performance operation of any covenant or agreement of this Lease. Notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord and either (a) as a direct result of Landlord’s gross negligence or willful misconduct or (b) as a direct result of an event that is insured against under Landlord’s business interruption insurance, the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by reason Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of any such changeHVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., failuresupplying potable water or portable air conditioning equipment), interruption, stoppage or defectthen neither Base Rent nor Operating Expenses shall be abated. In the event of any such failureinterruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, interruption, stoppage or defectregardless of the cause, Landlord shall diligently attempt pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to cause service the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be resumed promptly. If Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises. 16.3 Tenant requires shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or utilizes more water or electrical power than is considered reasonable or normal earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, Landlord mayincluding telephone, at its optioninternet service, require Tenant to paycable television and other telecommunications, as Additional Renttogether with any fees, the costsurcharges and taxes thereon. Upon Landlord’s demand, 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 services provided to the Premises that are separately metered shall be paid by Tenant directly to the purveyor thereof supplier of such utilities or services. 16.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building or Project as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share of the Building or (b) separate submeter(s) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. As of the Execution Date, the Building capacities are as set forth in Exhibit L attached hereto. In the event Tenant shall require utilities or services in excess of its allocated amount (as described above), Tenant shall first procure Landlord’s consent for the Premises at Tenant’s sole cost use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and expense, in which case Tenant thereafter shall pay to Landlord upon demand, as Additional Rent 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 providing such excess utilities and Project shall be excluded from Operating Expenses. “services.

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 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.