Common use of Utilities, Services, Maintenance and Repairs Clause in Contracts

Utilities, Services, Maintenance and Repairs. 8.1 The Landlord shall provide or arrange for the provision of: 8.1.1 such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systems, any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ furniture, furnishings, equipment and other property; 8.2.3 the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 such building standard heat, ventilation and air conditioning for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours; and 8.2.5 heated water to the Building (except the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floor. 8.3 Except as specifically set forth in subsections 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systemssystems (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not), any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such 8.1.2. maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 8.1.3. such maintenance garbage removal from the Building and repair of the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ furniture, furnishings, equipment and other property; 8.2.3 8.1.4. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.1.5. such building standard heat, ventilation and air conditioning (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not) for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours. (Customary cooling shall be determined without reference to the existence of such supplemental cooling units.); 8.1.6. water (including heated water) to the Building and, if the appropriate plumbing has been installed therein, to the Leased Premises; 8.1.7. sewage disposal for the Building; 8.1.8. passenger elevator service for the Building; 8.1.9. snow clearance from, and sweeping of, Parking Facilities and private access roads which are part of the Property or the Common Facilities; and 8.2.5 heated water to 8.1.10. the Building (except maintenance of landscaping which is part of the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday Property or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floorCommon Facilities. 8.3 8.2. Except as specifically set forth in subsections subsection 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 The Landlord shall provide or arrange for the provision of: 8.1.1 such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systems, any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty twenty-four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty twenty-four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ furniture, furnishings, equipment and other property; 8.2.3 the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 such building standard heat, ventilation and air conditioning for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours; and 8.2.5 heated water to the Building (except the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 [***] per hour or partial hour of use per floor. 8.3 Except as specifically set forth in subsections 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 The Landlord shall provide or arrange for the provision of: 8.1.1 such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common common Facilities; and the building standard heating, ventilation and air conditioning systems, any plumbing systems and the electrical systems in the Building, the Common common Facilities, the Leased Premises and Other other Leased Premises as is customarily provided for first class office buildings necessary to keep the same in the immediate areagood order and operational condition; 8.1.2 such garbage removal from the Building and the Common Facilities; and such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities Facilities, sidewalks and driveways private access roads which are part of the Property or the Common Facilities;; and 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s 's furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ ' furniture, furnishings, equipment and other property; 8.2.3 the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, ; and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 such building standard heat, ventilation and air conditioning for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours; and 8.2.5 heated water to the Building (except the Leased Premises and Other other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floor. 8.3 Except as specifically set forth in subsections 8.1 and 8.2.1 8. 2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 9 ALLOCATION OF THE EXPENSES OF UTILITIES, SERVICES, MAINTENANCE, REPAIRS AND TAXES. 8.4 Notwithstanding anything contained in this Agreement to 9.1 Tenant Electric Charges for periods other than Regular Business Hours shall be borne by the contrary, if the Landlord or Tenant. 9.2 The Tenant shall not bear any Affiliate portion of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by operational Expenses and Taxes incurred during the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such serviceTerm.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systemssystems (but not including supplemental cooling installed by or at the request of Tenant), any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises all as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such 8.1.2. maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ 's furniture, furnishings, equipment and other property; 8.2.3 8.1.3. such garbage removal from the Building and the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area including, without limitation, removal of trash and properly prepared recycling from the Leased Premises; 8.1.4. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.1.5. such building standard heat, ventilation and air conditioning (but not including supplemental cooling installed by or at the request of Tenant) for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours. Except as otherwise provided, so long as the outside conditions are no worse than those listed below, the heating and cooling systems shall perform to the following specifications: Inside Conditions Outside Conditions ----------------- ------------------ Cooling Season: 78(Degree)F dry bulb 94(Degree)F dry bulb +/-2(Degree) RH 50% +/-5% 73(Degree)F wet bulb Heating Season: 70(Degree)F +/-2(Degree) dry bulb:maximum 13(Degree)F dry bulb; 8.1.6. water (including heated water) to the Building and, if the appropriate plumbing has been installed therein, to the Leased Premises; 8.1.7. sewage disposal for the Building; 8.1.8. passenger elevator service for the Building, 24 hours, 365 days per year; 8.1.0. xxxx clearance from, and sweeping of, Parking Facilities and private access roads which are part of the Property or the Common Facilities; 8.1.10. the maintenance of landscaping which is part of the Property or the Common Facilities; and 8.2.5 heated water 8.1.11. Landlord shall use commercially reasonable efforts to provide full cafeteria service on the first floor of the Building serving five (except 5) days each week and seating not fewer than 90 patrons at any given time in its adjacent seating area. If the Leased Premises and Other Leased Premises, unless cafeteria is reduced in size or eliminated then the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided Basic Rent per foot shall be adjusted downward by the Landlord, or (ii) faxed same amount by which the Base Year Operating Expenses is reduced. The Basic Rent shall be re-determined by multiplying the adjusted Gross Footage by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 adjusted Basic Rent per hour or partial hour of use per floorfoot. 8.3 8.2. Except as specifically set forth in subsections subsection 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systemssystems (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not), any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such 8.1.2. maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 8.1.3. such maintenance garbage removal from the Building and repair of the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ furniture, furnishings, equipment and other property; 8.2.3 8.1.4. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.1.5. such building standard heat, ventilation and air conditioning (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not) for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours; and. The heating and air conditioning shall have the capacity to maintain, and shall be operated to maintain without material variation, maximum and minimum temperature standards throughout the entire building according to the following: the system shall maintain a maximum of 75 degrees F. dry bulb temperature with not more than 50% relative humidity when the outside air is a dry bulb temperature of 95 degrees F. and a wet bulb temperature of 75 degrees F., assuming heat loads generated by one (1) person per 200 usable square foot, three (3) xxxxx per usable square foot for lighting and four (4) xxxxx per usable square foot for other electric devices (inclusive of supplemental cooling). The system shall maintain a minimum temperature of 72 degrees F. when the outside temperature is 0 degrees F. The Building was designed and constructed in accordance with applicable ASHRAE guidelines for office buildings. The Leased Premises shall have ventilation which meets the minimum ventilation requirements of local building codes (Customary cooling shall be determined without reference to the existence of supplemental cooling units.); 8.2.5 8.1.6. water (including heated water water) to the Building (except the Leased Premises and Other Leased Premisesand, unless if the appropriate plumbing, fixtures and hot water heating units have plumbing has been installed therein, to the Leased Premises; 8.1.7. sewage disposal for the Building; 8.1.8. passenger elevator service for the Building; 8.1.9. snow clearance from, and sweeping of, Parking Facilities and private access roads which are part of the Property or the Common Facilities; 8.1.10. the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.11. a security guard to be stationed at the security desk in the main lobby during Regular Business Hours; 8.1.12. food service to be available from 6:30 A.M. to 2:00 P.M. on Monday through Friday (except for Legal Holidays); and; 8.2.6 8.1.13. a fitness center to be open during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlordthat, or (ii) faxed by the Tenant at all hours, Tenant’s employees shall have access to the Landlord or submitted to fitness center by key card; 8.1.14. the Landlord using the Landlord’s Internet based service request system, janitorial services specified in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of Exhibit F which is attached hereto and made a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floorpart hereof. 8.3 8.2. Except as specifically set forth in subsections subsection 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systemssystems (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not), any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for . Provided that Tenant complies with the Building, the Leased Premises and Other Leased Premises as are use limitations set forth in Exhibit this Agreement and provided further that no law or regulation prohibits the same, the heating and cooling system shall maintain inside occupied space conditions of 70 degrees F attached hereto when the outside air temperature is 13 degrees F dry bulb and such garbage removal from the Building 78 degrees F dry bulb and the Common Facilities as is customarily provided for first class office buildings in the immediate area50% relative humidity when outside conditions are 90 degrees F dry bulb and 75 degrees F wet bulb; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such 8.1.2. maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ 's furniture, furnishings, equipment and other property; 8.2.3 8.1.3. such garbage removal from the Building and the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area including on-site day xxxxxx; 8.1.4. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.1.5. such building standard heat, ventilation and air conditioning (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not) for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours. (Customary cooling shall be determined without reference to the existence of such supplemental cooling units.); 8.1.6. water (including heated water) to the Building and, if the appropriate plumbing has been installed therein, to the Leased Premises; 8.1.7. sewage disposal for the Building; 8.1.8. passenger elevator service for the Building; 8.1.9. snow clearance from, and sweeping of, Parking Facilities and private access roads which are part of the Property or the Common Facilities and adequate lighting of the Parking Facilities until 11:00 P.M., Monday through Friday; and 8.2.5 heated water to 8.1.10. the Building (except maintenance of landscaping which is part of the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday Property or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floorCommon Facilities. 8.3 8.2. Except as specifically set forth in subsections subsection 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systemssystems (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not), any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 sewage disposal for the Building; 8.1.5 passenger elevator service for the Building; 8.1.6 snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities; 8.1.7 the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basis. 8.2 The Landlord shall provide or arrange for the provision of: 8.2.1 such 8.1.2. maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate area, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ 's furniture, furnishings, equipment and other property; 8.2.3 8.1.3. such garbage removal from the Building and the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.4. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.1.5. such building standard heat, ventilation and air conditioning (but not including supplemental cooling, whether supplemental cooling units are found in the Leased Premises or not) for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours. (Customary cooling shall be determined without reference to the existence of such supplemental cooling units.); 8.1.6. water (including heated water) to the Building and, if the appropriate plumbing has been installed therein, to the Leased Premises; 8.1.7. sewage disposal for the Building; 8.1.8. passenger elevator service for the Building; 8.1.9. snow clearance from, and sweeping of, Parking Facilities and private access roads which are part of the Property or the Common Facilities; and 8.2.5 heated water to 8.1.10. the Building (except maintenance of landscaping which is part of the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday Property or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floorCommon Facilities. 8.3 8.2. Except as specifically set forth in subsections subsection 8.1 and 8.2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.

Utilities, Services, Maintenance and Repairs. 8.1 8.1. The Landlord shall provide or arrange for the provision of: 8.1.1 8.1.1. such maintenance and repair of the Building (except the Leased Premises and Other Leased Premises); the Common Facilities; and the building standard heating, ventilation and air conditioning systems, any plumbing systems and the electrical systems in the Building, the Common Facilities, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area; 8.1.2 8.1.2. such garbage removal from the Building and the Common Facilities and such janitorial services for the Building, the Leased Premises and Other Leased Premises as are set forth in Exhibit F attached hereto and such garbage removal from the Building and the Common Facilities as is customarily provided for first class office buildings in the immediate area; 8.1.3 8.1.3. water to the Building and, if the appropriate plumbing has been installed therein, the Leased Premises and Other Leased Premises; 8.1.4 8.1.4. sewage disposal for the Building; 8.1.5 8.1.5. passenger elevator service for the Building; 8.1.6 8.1.6. snow and ice clearance from, and sweeping of, Parking Facilities and driveways which are part of the Property or the Common Facilities;Property; and 8.1.7 8.1.7. the maintenance of landscaping which is part of the Property or the Common Facilities; 8.1.8 a perimeter card reader system which permits entry to the Building on a twenty four hour, seven day a week basis; and 8.1.9 a roving security guard for the Carnegie Center Complex on a twenty four hour, seven day a week basisProperty. 8.2 8.2. The Landlord shall provide or arrange for the provision of: 8.2.1 8.2.1. such maintenance and repair of the Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the Tenant’s 's furniture, furnishings, equipment including, without limiting the generality of the foregoing, any supplemental air conditioning equipment installed by or at the request of the Tenant at any time, and other property; 8.2.2 8.2.2. such maintenance and repair of the Other Leased Premises as is customarily provided for leased premises in first class office buildings in the immediate areaPremises, except for refinishing walls and wall treatments, base, ceilings, floor treatments and doors in general from time to time or for gouges, spots, marks, damage or defacement caused by anyone other than the Landlord, its employees and other agents, and except for the respective tenants’ ' furniture, furnishings, equipment and other property; 8.2.3 8.2.3. the electricity required for the operation of the Building, the Property and the Common Facilities during Regular Business Hours and, on a reduced service basis, during other than Regular Business Hours, and, at all times, the electricity required for the Leased Premises and Other Leased Premises; 8.2.4 8.2.4. such building standard heat, ventilation and air conditioning for the Building, the Leased Premises and Other Leased Premises as is customarily provided for first class office buildings in the immediate area for the comfortable use of the Building during Regular Business Hours; and 8.2.5 8.2.5. heated water to the Building (except the Leased Premises and Other Leased Premises, unless the appropriate plumbing, fixtures and hot water heating units have been installed therein); and 8.2.6 during other than Regular Business Hours, upon request either (i) using a dial-up procedure provided by the Landlord, or (ii) faxed by the Tenant to the Landlord or submitted to the Landlord using the Landlord’s Internet based service request system, in either case, by (a) 3:00 p.m. on the business day in question, or (b) in the case of any weekend day, Legal Holiday or the morning hours of a business day immediately following a weekend or Legal Holiday, the Tenant shall submit its request by 3:00 p.m. on the business day immediately prior to such day(s) in question, the Landlord shall provide heat, ventilation and air conditioning on a full service basis on such day(s) in question at a cost to the Tenant of $100.00 per hour or partial hour of use per floor. 8.3 8.3. Except as specifically set forth in subsections 8.1 and 8.2.1 8. 2.1 of this Agreement, the Tenant shall maintain and repair the Leased Premises and any equipment above building standard installed by, or at the request of, the Tenant and keep the Leased Premises and the foregoing in as good condition and repair, reasonable wear and use excepted, as the Leased Premises are upon the respective completion of any improvements contemplated by sections section 5 or 12 of this Agreement. 8.4 Notwithstanding anything contained in this Agreement to the contrary, if the Landlord or any Affiliate of the Landlord has elected to qualify as a real estate investment trust (“REIT”), any service required or permitted to be performed by the Landlord pursuant to this Agreement, the charge or cost of which may be treated as impermissible tenant service income under the laws governing a REIT, may be performed by a taxable REIT subsidiary that is affiliated with either the Landlord or the Landlord’s property manager, an independent contractor of the Landlord or the Landlord’s property manager (the “Service Provider”). If the Tenant is subject to a charge under this Agreement for any such service, then, at the Landlord’s direction, the Tenant shall pay such charge either to the Landlord for further payment to the Service Provider or directly to the Service Provider, and, in either case, (i) the Landlord shall credit such payment against Additional Rent due from the Tenant under this Agreement for such service, and (ii) such payment to the Service Provider shall not relieve the Landlord from any obligation under this Agreement concerning the provisions of such service.