Common use of UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED Clause in Contracts

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional ----------------------------------------------------------- Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (telephone, telex, facsimile telex and other electronic communications service, if applicable) sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning airconditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation occupation, of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning airconditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning airconditioning system, Landlord shall have the right to install supplementary air conditioning airconditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning airconditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of Of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4.D of this Lease, Lease Tenant shall pay its proportionate share Proportionate Share, (or if the Building in which the Premises is located is not one hundred percent (100%) leased, said Proportionate Share for utilities shall be calculated based on a (i) Tenant’s Premises square footage as a percentage of the total square footage leased to Tenant and any other third party tenants in the Building or (ii) other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (and telephone, telex, facsimile telex and other electronic communications service, if applicable), sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building Building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Notwithstanding anything to the contrary herein, in the event any utility charges apply only to the Premises leased by Tenant, Tenant shall place such utilities in Tenant’s name and shall pay the related costs directly to the utility company(ies). Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance Multi Tenant/Single Parcel Page 16 of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, 55 Initial: /S/ JA; RP; VP Landlord shall furnish to the Premises: Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (iholidays excepted) at all timesand subject to the Rules and Regulations of the Common Area hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the PremisesPremises for such purposes. Landlord The HVAC units servicing the Premises shall furnish additional heatingbe exclusive to said Premises and Tenant shall control its usage of said non-common area units. Tenant may, ventilation from time to time, have its staff and air conditioning outside equipment operate on a twenty-four (24) hour-a-day, seven (7) day-a-week schedule, and Tenant shall pay for extra consumption of Standard Business Hours upon such utilities attributable to such after-hours occupancy, if any, used by Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building Building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air Building air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current voltage in excess of 110 120 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. Landlord acknowledges that Tenant may use electrical current up to 220 Volts subject to the terms and conditions of this Paragraph. If (i) Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises Premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and withheld, or (ii) if Tenant is found to be using water, gas and/or electrical current in excess of its Proportionate Share (as such excess usage is confirmed by a study conducted by Landlord’s contractor(s), Landlord may (a) adjust the Proportionate Share allocated to Tenant based on Tenant’s actual or estimated use or (b) cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. In the event Landlord questions Tenant’s usage, Landlord shall employ the services of a licensed electrical or plumbing contractor to determine what Tenant’s actual use is and Tenant shall be responsible for paying the cost related to said investigation by the licensed contractor or any other qualified third party vendor that Landlord may employ to provide such service. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon following demand by Landlord. Landlord shall use commercially reasonable efforts to avoid directly causing any interruption in utilities to the Premises and the Common Areas. Tenant understands the area shown in Green cross hatch on Exhibit B attached hereto is a Common Area for the Building where the electrical room is located. Access to the electrical room is only available on the first floor from the exterior door to said electrical room.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4D of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) Landlord of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of or any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 AM and 6:00 PM, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation heat and air conditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation of the PremisesPremises for such purposes. Landlord Tenant may, from time to time, have its staff and equipment operate on a twenty-four (24) hour-a-day, seven (7) day-a-week schedule, and Tenant shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon pay for any extra utilities used by Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, . Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning usually furnished or supplied to premises being used as general office space, space or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, . Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (telephone, telex, facsimile telex and other electronic communications service, if applicable) sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air air- conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As ----------------------------------------------------------- Additional Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating Initial: /s/ [ILLEGIBLE] --------------- Multi Tenant/Complex Page 9 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional ----------------------------------------------------------- Page 10 Initial: /s/ JHN /s/ JA -------------- Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (telephone, telex, facsimile telex and other electronic communications service, if applicable) sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning airconditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning airconditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning airconditioning system, Landlord shall have the right to install supplementary air conditioning airconditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning airconditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis promptly, as calculated by Landlord) of the cost of same become due, all utility charges such as for separately metered water, gas, electricity, telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which or used by Tenant on or about the Premises are locatedduring the term of this Lease, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. In addition, for any Premises not separately metered, Tenant shall pay, as Additional Rent, its pro rata share of the cost of any utility service not so separately metered, such pro rata share shall be determined by dividing the rentable square footage of the portion of the Premises included in the utility bxxx by the total rentable square footage of all rentable space included in such utility bxxx, and the pro-rata share not reimbursable by Tenant hereunder shall not be reimbursable to Landlord under the other expense reimbursement provisions of this Lease. If, however, Landlord determines that any tenant (including Tenant) is using a disproportionate amount of any utility service not separately metered, then Landlord shall charge that tenant the amount estimated by Landlord to be the disproportionate amount and such payment by such other tenant shall not be charged to the other tenants. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent Charleston Intuit Lease Phase 2-Buildings A-F August 4, 2003-Final by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in Notwithstanding the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office spaceforegoing, Tenant shall first obtain be entitled to an abatement of rent for any interruption or failure of utility services to the written consent of LandlordPremises when such interruption or failure is caused by Landlord or its employees, agents or contractors, which consent abatement shall not be unreasonably withheld and Landlord may cause an electric currentbased on the degree to which Tenant is unable to utilize the Premises due to such interruption or failure. In addition, gas, or water meter to be installed in the Premises event there is any interruption in order to measure the amount of electric currentany utility service, gas or water consumed for any Landlord will cooperate with Tenant in having such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (utility service restored as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlordquickly as possible.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) paragraph 4D of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or of services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall xxxxxxx to the Premises between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning airconditioning required in Landlord’s reasonable judgment judgement for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning airconditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning airconditioning system, Landlord shall have the right right, upon reasonable advance notice to Tenant, to install supplementary air conditioning airconditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning airconditioning usually furnished or supplied supplies to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4.D of this Lease, Lease Tenant shall pay its proportionate share Proportionate Share, (or if the Building in which the Premises is located is not one hundred percent (100%) leased, said Proportionate Share for utilities shall be calculated based on a (i) Tenant’s Premises square footage as a percentage of the total square footage leased to Tenant and any other third party tenants in the Building or (ii) other equitable basis as calculated by Landlord) Landlord of the cost of all utility charges such as water, gas, electricity, (and telephone, telex, facsimile telex and other electronic communications service, if applicable), sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building Building in which the Premises are is located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Notwithstanding anything to the contrary herein, in the event any utility charges apply only to the Premises leased by Tenant, Tenant shall place such utilities in Tenant’s name and shall pay the related costs directly to the utility company(ies). Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any Initial: JDK nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (iholidays excepted) at all timesand subject to the Rules and Regulations of the Common Area hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the PremisesPremises for such purposes. Tenant may, from time to time, have its staff and equipment operate on a twenty-four (24) hour-a-day, seven (7) day-a-week schedule, and Tenant shall pay for extra consumption of such utilities attributable to such after-hours occupancy, if any, used by Tenant, but Tenant shall not be subject to any after-hours charge by Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for other than the additional operation cost of the heating, ventilation extra consumption of such utilities attributable to such after-hours use and air conditioning systemsafter hours charge or premium as reflected on PG&E statements. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building Building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current voltage in excess of 110 120 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. Landlord acknowledges that Tenant may use electrical current up to 220 Volts subject to the terms and conditions of this Paragraph. If (i) Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises Premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and withheld, or (ii) if Tenant is found to be using water, gas and/or electrical current in excess of its Proportionate Share (as such excess usage is confirmed by a study conducted by Landlord’s contractor(s) and/or licensed electrician(s), Landlord may (a) adjust the Proportionate Share allocated to Tenant based on Tenant’s actual or estimated use or (b) cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. In the event Landlord questions Tenant’s usage, Landlord shall employ the services of a licensed electrical or plumbing contractor to determine what Tenant’s actual use is and Tenant shall be responsible for paying the cost related to said investigation by the licensed contractor or any other qualified third party vendor that Landlord may employ to provide such service. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon following demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent Effective June 1, 2005, Tenant shall be responsible for paying, directly to the service provider, for all utilities servicing the Premises. Prior to June 1, 2005, Landlord shall notify utility companies servicing the Premises and request that Landlord’s accounts be closed as of the date which is thirty days following Landlord’s notification (“Account Closure Date”), and Landlord concurrently shall notify Tenant of the Account Closure Date. Tenant shall be responsible for contacting the service provider and having all utilities servicing the Premises transferred into Tenant’s name prior to the Account Closure Date in accordance with Paragraph 4(D) of this Leaseorder to avoid the utilities to the Premises being terminated. Tenant understands and acknowledges that Landlord shall not be liable to Tenant if the utilities to the Premises are disconnected and/or terminated. Thereafter, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis promptly, as calculated by Landlord) of the cost of same become due, all utility charges such as for water, gas, electricity, telephone, telex, facsimile telex and other electronic communications communication service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which or used by Tenant on or about the Premises are locatedduring the Term of this Lease, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. In the event the above charges apply to any other tenant(s) of Landlord (i.e. for utilities servicing the Common Areas of the Complex), Landlord shall pay for such services related to the Common Areas, and such charges shall be allocated to the Premises by square footage or other equitable basis as calculated and determined by Landlord. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent Rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by (i) Tenant’s failure (a) to transfer said utilities into its name and/or (b) to pay the respective utility bills by the respective due dates and/or (ii) accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours.”) heating, ventilation and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) Proportionate Share of the cost of all utility charges such as water, gas, electricity, (telephone, telex, facsimile telex and other electronic communications service, if applicable) sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) paragraph 4D of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) Proportionate Share of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or of services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall xxxxxxx to the Premises and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. a.m. and 6:00 P.M.p.m., Mondays through Friday’s Fridays (holidays excepted) (“Standard Normal Business Hours”) heatingheat, ventilation and air conditioning required in Landlord’s reasonable judgment judgement for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way materially increase the amount of electricity, gas, water or air conditioning usually furnished or supplied supplies to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord. If Tenant requests, and if Landlord is able to furnish, heating, ventilation or air conditioning outside of Normal Business Hours, Tenant shall pay Landlord’s reasonable charge for such supplemental services.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4D of this Lease, Lease Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (telephone, telex, facsimile telex and other electronic communications service, if applicable) sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it. Landlord shall furnish to the Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning airconditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning airconditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning airconditioning system, Landlord shall have the right to install supplementary air conditioning airconditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and Initials: Initials: maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning airconditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office office, space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor therefore promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) paragraph 4D of this Lease, Tenant shall pay its proportionate share Proportionate Share (calculated on a square footage or other equitable basis as calculated by Landlord in Landlord's reasonable judgment and in no event more than Tenant's fair share) of the cost of all utility charges such as water, gas, electricity, telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or of services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Tenant shall have the right to request overtime/after-hours heating and air conditioning (HVAC) for Tenant's space at Landlord's standard rates. Landlord's rate for overtime/after-hours heating and air conditioning for Calendar year 2003 shall be as follows: HVAC $185.00 per hour (2 hour minimum during weekdays and a 4 hour minimum during weekends) FANS $75.00 per hour (2 hour minimum during weekdays and a 4 hour minimum during weekends) Landlord agrees that the above hourly rates reflect Landlord's actual costs for HVAC and fan services, plus accelerated depreciation and reserves for major repairs (which reserves constitute 50% of the hourly rates charged for after-hours HVAC and fan services) and do not reflect any Landlord profits. In the event that Landlord upgrades or improves the HVAC system in the Complex, such that zones are established, or any other cost-savings are established, such cost-savings will be passed on to Tenant through adjusted after-hour HVAC and Fan Charges. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall xxxxxxx to the Premises between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation heat and air conditioning required in Landlord’s 's reasonable judgment (and consistent with the practices of owners of similar first (1st) class buildings in the San Mateo/Xxxxxx City/Redwood Shores market area) for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes in a Class-A office. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning system, Landlord shall have the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air conditioning usually furnished or supplied supplies to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas or water. If Tenant shall require water, gas or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any actual and commercially reasonable additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4.D of this Lease, Lease Tenant shall pay its proportionate share Proportionate Share, (or if the Building in which the Premises is located is not one hundred percent (100%) leased, said Proportionate Share for utilities shall be calculated based on a (i) Tenant’s Premises square footage as a percentage of the total square footage leased to Tenant and any other third party tenants in the Building or (ii) other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (and telephone, telex, facsimile telex and other electronic communications service, if applicable), sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building Building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Notwithstanding anything to the contrary herein, in the event any utility charges apply only to the Premises leased by Tenant, Tenant shall place such utilities in Tenant’s name and shall pay the related costs directly to the utility company(ies). Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in monetary default or a material non-monetary default (and if in default, Tenant’s right to cure said default has not expired) in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (iholidays excepted) at all timesand subject to the Rules and Regulations of the Common Area hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the PremisesPremises for such purposes. Landlord Tenant may, from time to time, have its staff and equipment operate on a twenty-four (24) hour-a-day, seven (7) day-a-week schedule, and Tenant shall furnish additional heatingpay for extra consumption of such utilities attributable to such after-hours occupancy, ventilation and air conditioning outside of Standard Business Hours upon if any, used by Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building Building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises Premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. Landlord acknowledges that Tenant may use electrical current up to 220 Volts subject to the terms and conditions of this Paragraph. If (i) Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises Premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and withheld, or (ii) if Tenant is found to be using water, gas and/or electrical current in excess of its Proportionate. Share (as such excess usage is confirmed by a study conducted by Landlord’s contractor(s), Landlord may (a) adjust the Proportionate Share allocated to Tenant based on Tenant’s actual or estimated use or (b) cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. In the event Landlord questions Tenant’s usage, Landlord shall employ the services of a licensed electrical or plumbing contractor to determine what Tenant’s actual use is and, if Tenant’s use is determined to be excessive, Tenant shall be responsible for paying the cost related to said investigation by the licensed contractor or any other qualified third party vendor that Landlord may employ to provide such service. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4.D of this Lease, Lease Tenant shall pay its proportionate share Proportionate Share, (or if the Building in which the Premises is located is not one hundred percent (100%) leased, said Proportionate Share for utilities shall be calculated based on a (i) Tenant’s Premises square footage as a percentage of the total square footage leased to Tenant and any other third party tenants in the Building or (ii) other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (and telephone, telex, facsimile telex and other electronic communications service, if applicable), sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building Building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Notwithstanding anything to the contrary herein, in the event any utility charges apply only to the Premises leased by Tenant, Tenant shall place such utilities in Tenant’s name and shall pay the related costs directly to the utility company(ies). Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: Premises between the hours of 8:00 am and 6:00 pm, Mondays through Fridays (iholidays excepted) at all timesand subject to the Rules and Regulations of the Common Area hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the PremisesPremises for such purposes. Landlord Tenant may, from time to time, have its staff and equipment operate on a twenty-four (24) hour-a-day, seven (7) day-a-week schedule, and Tenant shall furnish additional heatingpay for extra consumption of such utilities attributable to such after-hours occupancy, ventilation and air conditioning outside of Standard Business Hours upon if any, used by Tenant’s written notice provided that Tenant reimburses Landlord for its actual costs for the additional operation of the heating, ventilation and air conditioning systems. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and arid protection of the building Building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current voltage in excess of 110 120 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises Premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. Landlord acknowledges that Tenant may use electrical current up to 220 Volts subject to the terms and conditions of this Paragraph. If (i) Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises Premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and withheld, or (ii) if Tenant is found to be using water, gas and/or electrical current in excess of its Proportionate Share (as such excess usage is confirmed by a study conducted by Landlord’s contractor(s), Landlord may (a) adjust the Proportionate Share allocated to Tenant based on Tenant’s actual or estimated use or (b) cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. In the event Landlord questions Tenant’s usage, Landlord shall employ the services of a licensed electrical or BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 plumbing contractor to determine what Tenant’s actual use is and Tenant shall be responsible for paying the cost related to said investigation by the licensed contractor or any other qualified third party vendor that Landlord may employ to provide such service. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor therefore promptly upon demand by Landlord.. BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) 4.D of this Lease, Lease Tenant shall pay its proportionate share Proportionate Share (calculated based on a (i) Tenant’s Premises square footage as a percentage of the total square footage leased to Tenant and any other third party tenants in the Building or (ii) other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricity, (and telephone, telex, facsimile telex and other electronic communications service, if applicable), sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building Building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Notwithstanding anything to the contrary herein, in the event any utility charges apply only to the Premises leased by Tenant, Tenant shall place such utilities in Tenant’s name and shall pay the related costs directly to the utility company(ies). Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in Landlord shall furnish to the performance or observance Premises between the hours of any of the terms8:00 am and 6:00 pm, covenants or conditions of this Lease to be performed or observed by it, Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex Common Area hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air air-conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building Building heating, ventilating and air air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air air-conditioning system, Landlord shall have the right to install supplementary air air-conditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts which will in any way increase the amount of electricity, gas, water or air air-conditioning usually furnished or supplied to premises Premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If (i) Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises Premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld and withheld, or (ii) if Tenant is found to be using water, gas and/or electrical current in excess of its Proportionate Share (as such excess usage is confirmed by a study conducted by Landlord’s contractor(s), Landlord may (a) adjust the Proportionate Share allocated to Tenant based on Tenant’s actual or estimated use or (b) cause an electric current, gas, gas or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. In the event Landlord questions Tenant’s usage, Landlord shall employ the services of a licensed electrical or plumbing contractor to determine what Tenant’s actual use is and Tenant shall be responsible for paying the cost related to said investigation by the licensed contractor or any other qualified third party vendor that Landlord may employ to provide such service. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

UTILITIES OF THE BUILDING IN WHICH THE PREMISES ARE LOCATED. As Additional Rent and in accordance with Paragraph 4(D) paragraph 4D of this Lease, Tenant shall pay its the proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, electricityelectricity , telephone, telex, facsimile telex and other electronic communications service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to the building in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Provided that Tenant is not in default in the performance or observance of any of the terms, covenants or conditions of this Lease to be performed or observed by it, Landlord shall furnish to the Premises between the hours of 8:00 AM and 6:00 PM. Mondays through Fridays (holidays excepted) and subject to the rules and regulations of the Complex hereinbefore referred to, Landlord shall furnish to the Premises: (i) at all times, reasonable quantities of water, gas and electricity suitable for the intended use of the Premises and (ii) between the hours of 8:00 A.M. heat and 6:00 P.M., Mondays through Friday’s (holidays excepted) (“Standard Business Hours”) heating, ventilation and air conditioning airconditioning required in Landlord’s reasonable 's judgment for the comfortable use and occupation of the Premises. Landlord shall furnish additional heating, ventilation and air conditioning outside of Standard Business Hours upon Tenant’s written notice provided that Tenant reimburses Landlord Premises for its actual costs for the additional operation of the heating, ventilation and air conditioning systemssuch purposes. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air conditioning systemsairconditioning system. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature or otherwise maintained by the air conditioning airconditioning system, Landlord shall have the right to install supplementary air conditioning airconditioning units in the Premises and the costs cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises (including, without limitation), electronic data processing machines or machines using current in excess of 110 Volts volts which will in any way way, increase the amount of electricity, gas, water or air conditioning airconditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for the purposes of using electric current, gas gas, or water. If Tenant shall require water, gas gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld withheld, and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.