Common use of Utilities, Services Clause in Contracts

Utilities, Services. Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service

Utilities, Services. Tenant Landlord shall contract directly with utility providers be responsible for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers the payment of the following utilities/services to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for obtaining the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and paying shall be due for its own janitorial services reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Notwithstanding anything Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) rent payment. No keys will be issued to Tenant until the Premises shall occur appropriate services are put in Tenant’s name and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond verified by Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service.

Utilities, Services. Tenant Tenant, at Tenant’s sole cost and expense, shall contract directly with utility providers pay for all water, electricity, sewage, gas, heat, lightventilation, powerand air conditioning charges, sewerelectricity, telephone, fire protection sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties (including gas unless the penalties arise out of Landlord’s negligence or willful misconduct), and fire sprinklers surcharges or the like pertaining to, and any maintenance charges for utilities, in all cases with no markup in cost by Landlord. Such services (other than Tenant’s telephone services) shall be separately metered by Landlord at its sole expense (and without any indirect reimbursement by Tenant as Additional Rent) and billed to Tenant. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises except to the extent caused by Landlord’s negligence or willful misconduct or that of its agents, employees, or contractors. As part of its obligations hereunder, Tenant will regularly and frequently remove and dispose of trash and debris from the Project is plumbed for such services)Premises, and refuse shall keep the Premises and trash collection (“Utilities”) required by Tenant during the Termsurrounding areas outside of the Premises in a clean and sanitary condition, free from any debris, rodents or other pests, at Tenant’s sole cost and expense. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to TenantIf Landlord so elects, Landlord shall, as part may provide and maintain trash receptacles in the Common Areas of Operating Expenses, pay the Property for the use and convenience of all maintenance charges for Utilitiestenants in the Property, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlordin such event, Tenant shall reimburse Landlord for Tenant’s Proportionate Share of the Common Area Maintenance Expenses for the cost of maintaining and removing trash from such costs receptacles as Operating Expensesa Common Area Maintenance Expense of the Property. No interruption or failure of UtilitiesUnless Tenant receives written notice from Landlord to the contrary, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant it shall be responsible for obtaining Tenant’s sole responsibility to provide general cleaning and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlordat Tenant’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicesole cost and

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide to the Common Areas and the Premises, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas and the Shared Suite Area only, refuse and trash collection and janitorial services (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any UtilitiesLandlord may cause, maintenance charges for Utilitiesat Landlord’s expense, any storm sewer charges Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Upon written notice to Landlord, Tenant may elect, at any time during the Term, to retain a third party reasonably acceptable to Landlord to provide janitorial services to the Premises, in which case Tenant shall be responsible pay such third party directly for obtaining such janitorial services. Tenant agrees to limit use of water and paying sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for its own janitorial services for the Premises. Notwithstanding anything either providing emergency generators or providing emergency back-up power to the contrary set forth herein, if Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a stoppage third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an Essential Service (as defined below) alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of when needed. Net Multi-Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceLaboratory 75 Shoreway/Allakos - Page 11

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any If Tenant’s use of a Utility materially exceeds Tenant’s Share of Utilities, maintenance charges for UtilitiesLandlord may cause, at Tenant’s expense, any storm sewer charges such Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority the provider. If Landlord otherwise decides to install separate meters or submeters, the cost of such installation will be paid by Landlord outside of Operating Expenses. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceService Interruption”), and (ii) such Service Interruption

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all waterprovide, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers subject to the extent terms of this Section, hot and cold water for restrooms, drinking and office kitchen purposes, sewer connection, heated and chilled water for the Project is plumbed HVAC system serving the Premises, electricity in an amount at least equal to 12 xxxxx per usable square foot, gas service for such services)the HVAC system and water for sprinklers (collectively, and refuse and trash collection (“Utilities”) required by Tenant during as more particularly set forth in the TermBase Building Specifications. Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To Utilities will be separately metered or charged directly to Tenant by the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or provider as provided in the Landlord/Tenant Matrix attached hereto as Exhibit F. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for supply its own janitorial services cleaning and rubbish removal service. Landlord at Landlord’s cost shall supply a dumpster or compactor at the loading dock for Tenant’s use for the Premises. Notwithstanding anything to the contrary set forth hereindisposal of non-hazardous, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicenon-controlled substances.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, natural gas and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services)utilities, and refuse and trash collection and janitorial services (collectively, “Utilities”) required by Tenant during to the TermBuilding. Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any UtilitiesLandlord may cause, maintenance charges for Utilitiesat Tenant’s expense, any storm sewer charges Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, as except as provided for in connection with a Service Interruption (as defined the paragraph below), the abatement of Rent. In the event of an interruption or failure of Utilities, Tenant shall be responsible have the self-help rights provided for obtaining in Section 31. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall contract directly and pay for telephone, internet, date and telecommunication services to the Premises. Notwithstanding the foregoing, Tenant shall have the right from time to time, upon 30 days prior written notice to Landlord, to elect to contract directly and pay for janitorial services to the Premises in which case, during such periods where Tenant is contracting directly and paying for its own janitorial services for to the Premises, (i) Landlord shall not be required to provide any janitorial services to the Premises and (ii) Tenant shall not be charged for janitorial services to the Premises or other tenants’ premises as part of Operating Expenses. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (as hereinafter defined) (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceService Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal

Utilities, Services. Tenant Sublandlord shall have no obligation to provide to the Subleased Premises any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) the amounts necessary to reimburse Sublandlord for the actual costs of providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless Sublandlord receives such an abatement from Master Landlord, in which case such abatement shall be passed through to Subtenant, or such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to delinquency for all such Utilities furnished pay to Tenant or the Project during the Term. Unless billed directly to Tenant, Master Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection associated with a Service Interruption (as defined belowafter-hours HVAC usage and over-standard electrical charges), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth hereinin this Sublease or the Master Lease, if (i) a stoppage Subtenant agrees that Sublandlord shall not be required to perform any of an Essential Service (the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as defined below) any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Premises shall occur Master Lease by Master Landlord thereunder, Subtenant acknowledges and such stoppage is due agrees that Subtenant will look solely to the gross negligence or willful misconduct of Master Landlord and not due in any part for such performance, subject to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceSection 13.2.

Utilities, Services. Tenant shall contract be solely responsible for and promptly pay directly with utility providers to the companies providing same, all charges for all waterheat, water and sewer, gas, electricity, heatair conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the Premises are delivered to Tenant, lightand, power, except for the water and sewer, and other Landlord represents to Tenant that, all such utilities (including gas and fire sprinklers for Tenant are currently separately metered to the extent Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the Project is plumbed for such services)utility services shall never exceed the capacity of the mains, ducts and refuse and trash collection (“Utilities”) required by Tenant during conduits bringing utility services to the TermBuilding and/or the Premises. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all any necessary maintenance charges for Utilitiesutility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from utility services and/or any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of building services for Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary set forth hereincontrary, if in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (icollectively, a “Service Failure”) as a stoppage result of an Essential Service (Landlord’s negligent acts or omissions, other than as defined below) a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than an five (5) business days, Tenant shall occur and such stoppage be entitled to proportionate abatement of rent for the period Tenant is due solely reasonably unable to use or conduct its operations in part or all of the gross negligence or willful misconduct Premises. If the Service Failure is a result of Landlord and not due in any part to any Landlord’s negligent act or omission on omission, Tenant shall have the right to terminate this Lease if Landlord fails or is unable to restore such services within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in a substantial part or all of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicethe Premises.

Utilities, Services. Tenant Landlord shall contract directly with utility providers be responsible for all waterthe payment of the following utilities and services that serve the Premises, electricity, heat, light, power, sewer, and other utilities subject to reimbursement of same as provided for herein (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent check those that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a apply): Electricity Gas Water/Sewer Telephone & Data Service Interruption (as defined below), the abatement of Rent. Trash Security Alarm Monitoring Janitorial Service & Supplies Tenant shall be responsible for obtaining the direct payment or reimbursement to Landlord of the following utilities and paying services that serve the Premises (check those that apply): Electricity Gas Water/Sewer Telephone & Data Service Trash Security Alarm Monitoring Janitorial Service & Supplies In the event any of Tenant's afore-mentioned utilities are not separately metered to the Premises, Tenant shall pay at Landlord's option, either Xxxxxx's Share or a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises in the Building. Said services and utilities shall be provided during generally accepted business days and hours or such other days or hours as may hereafter be set forth. Utilities and services required at other times shall be subject to advance request and reimbursement by Tenant to Landlord of the cost thereof. Tenant shall not make connection to the utilities except by or through existing outlets and shall not install or use machinery or equipment in or about the Premises that uses excess water, lighting, or power, or suffer or permit any act that causes extra burden upon the utilities or services. Landlord shall require Tenant reimburse Landlord for any excess expenses or costs that may arise out of a breach of this subparagraph by Tenant at actual cost or at a predetermined rate of $50.00 per hour of usage. Landlord may, in its own janitorial services sole discretion, install at Tenant's expense supplemental equipment and/or separate metering applicable to Tenant's excess usage or loading. There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever for the Premisesinadequacy, stoppage, interruption, or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair, or other cause beyond Landlord's reasonable control or in cooperation with governmental request or directions. Notwithstanding anything Promptly upon request from Landlord,, Tenant shall provide monthly electricity and other utility usage data for the Premises to Landlord for the contrary set forth hereinperiod of time requested by Landlord in electronic or paper format, if (i) a stoppage of an Essential Service (as defined below) or, at Landlord’s sole option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant’s electricity and other utility usage data with respect to the Premises shall occur and such stoppage is due solely to directly from the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceappropriate utility company.

Utilities, Services. Tenant agrees to put the following utilities in Tenant’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall contract directly pay a monthly flat fee of $ 50.00 , which shall be payable with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Termmonthly rent payment beginning _08/03/2019_. Tenant shall pay directly a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such Utility providers as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted, at Landlord’s sole discretion, to delinquency remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for all cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such Utilities furnished location would impair the signal strength, the satellite dish may be installed at such location as is necessary to Tenant avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the Project during placement of any screws into the Termsiding or the roof, without the prior written consent of Landlord. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges No other antenna or other similar charges device for Utilities imposed the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereonLandlord. To the extent that the application of this provision would violate any Utilitiesprovision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, maintenance charges this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for Utilitieswhich Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on 08/03/2019, any storm sewer charges and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for notice received by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilitiespayable to Landlord, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), addition to the abatement of Rentutility xxxx and related charges. Tenant shall be responsible for obtaining and paying any damages arising from the disconnection of the utilities that are Tenant’s responsibility, including any disconnect or reconnect fees. Landlord shall not be liable for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage any disruption of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct service of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceutility.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all waterprovide, subject to the terms of this Section 11, potable water (within 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection and janitorial services (collectively, “Utilities”) required ). Any use by Tenant during of Utilities shall be allocated to and paid by Tenant on such basis as Landlord shall determine for the TermProject. Tenant shall pay directly be entitled to such Utility providers prior use its pro rata share of Utilities. Landlord shall pay, as Operating Expenses or subject to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any UtilitiesLandlord may cause, maintenance charges for Utilitiesat Tenant’s expense, any storm sewer charges Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay the cost of any taxes, penalties, surcharges or similar charges are paid for after hours Utilities allocated to it by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. If there is any interruption, failure, stoppage or interference of the utilities, services or access to the Premises or the Premises cannot be used due to the presence of any Hazardous Materials on or about the Building or the Project (except to the extent released or emitted in violation of Section 30 hereof), and such interruption continues for seven (7) consecutive calendar days, then Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything entitled to an equitable abatement of Rent to the contrary set forth herein, if extent of the interference with Tenant’ s use of the Premises occasioned thereby. Landlord’s sole obligation for either providing emergency generators or providing emergency backup power to Tenant shall be: (i) a stoppage to provide emergency generators with not less than the capacity of an Essential Service the emergency generators located in the Building as of the Commencement Date, and (as defined belowii) to contract with a third party to maintain the Premises emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall occur and such stoppage have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due solely to the gross negligence inability to obtain parts or willful misconduct replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceback-up power.

Utilities, Services. Tenant Landlord shall contract directly with utility providers be responsible for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers the payment of the following utilities/services to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for obtaining the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and paying shall be due for its own janitorial services reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Notwithstanding anything Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Xxxxxx. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) rent payment. No keys will be issued to Tenant until the Premises shall occur appropriate services are put in Tenant’s name and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond verified by Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service. a. HVAC filter / maintenance reduction program

Utilities, Services. Tenant {RECYCLING} {TOTAL INTERNET} {INTERNET} A. XXXXXX acknowledges responsibility for paying all utility charges billed during this lease term. LESSEE shall contract directly with keep the heat high enough to prevent pipes from freezing. Xxxxxx agrees that Xxxxxx has not included any amount of the stated rent to be used toward utilities. Lessor will pay utilities described above on behalf of the Lessee and will bill each Lessee"s account on a monthly basis, and Lessee shall pay such bill within 10 days from Lessor posting such bill to Lessee?s account. Further, in consideration for the administrative and other services provided herein by Xxxxxx, Xxxxxx agrees to pay Lessor an annual Utility Tracking Fee.Each LESSEE shall be charged for this separate administrative and service fee for the administrative and other services provided herein by LESSOR.This fee shall be due at the time of the Lessee?s first monthly payment and is in addition to the monthly utility providers charges. Information shall be available to any Lessee upon request. For those utilities that are direct-metered by the utility company to Premises, the utility charges will be divided by the total number of individuals who have signed as a Lessee on a lease for the premises, based on the number of days within the utility bill period that are included in the lease period. For those utilities that are sub-metered by the Lessor to the Premises, LESSOR shall first allocate the utility charges for the master building meter to the Premises based on a percentage calculated as the usage recorded by the sub-meter divided by the total usage for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers building sub-meters. The LESSOR shall then divide the utility charges for the Premises as calculated above by the total number of individuals who have signed as a Lessee on a lease for the premises. It will then be based on the total number of days within the utility bill period that are included in the lease period. In addition to the extent the Project above-mentioned utilities, , Lessee will pay a {TOTAL RECYCLING} /monthly installment for internet service for a total of and a /monthly installment for recycling service for a total of . B. The private Internet Network provided by XXXXXX is plumbed a privilege that is reserved for those LESSEES who totally comply with their Lease provisions. Any failure to comply with any such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, provisions shall result in eviction or constructive eviction the revocation of Tenant, termination of this said privilege until such time as LESSEES become compliant with their Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceprovisions once again.

Utilities, Services. Tenant Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to delinquency for all such Utilities furnished pay to Tenant or the Project during the Term. Unless billed directly to Tenant, Master Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection associated with a Service Interruption (as defined belowafter-hours HVAC usage and over-standard electrical charges), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth hereinin this Sublease or the Master Lease, if (i) a stoppage Subtenant agrees that Sublandlord shall not be required to perform any of an Essential Service (the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as defined below) any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Premises shall occur Master Lease by Master Landlord thereunder, Subtenant acknowledges and such stoppage is due agrees that Subtenant will look solely to the gross negligence or willful misconduct of Master Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any for such stoppage of an Essential Service being hereinafter referred to as a “Serviceperformance.

Utilities, Services. Tenant shall contract directly with utility providers We’ll pay for all waterthe following items, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, if checked: «cb_utility_water» Water «cb_utility_gas» Gas «cb_utility_electricity» Electricity «cb_utility_trash» Trash «cb_utility_cable» Cable Television «cb_utility_internet» Internet You’ll pay for all maintenance charges for Utilitiesother utilities, related deposits, and any storm sewer charges charges, fees, or other similar charges services on such utilities. You must not allow utilities to be disconnected- including disconnection for not paying your bills-until the lease term or renewal period ends. Utilities imposed may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. If any utilities are sub metered for the unit, or prorated by an allocation formula, they will be sub-metered or allocated as set forth below. If you are required to pay any Governmental Authority utility and you fail to have your account turned on in your name by lease commencement or Utility if it is transferred back into our name before you surrender or abandon the unit, you’ll be liable for a $20.00 charge (not to exceed $50), plus the actual or estimated cost of the utilities used while the utility should have been connected in your name. This amount shall be due and payable as additional rent under the terms of this Lease Agreement on or before the first day of the month following notice to you of such charges. 1) Water Service to your dwelling and costs will be paid by you as follows: a. Water service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 2) Sewer Service to your dwelling and costs will be paid by you as follows: a. Sewer service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 3) Trash Service to your dwelling and costs will be paid by you as follows: a. Trash service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 4) Electric Service to your dwelling and costs will be paid by you directly to the electric service provider. 5) Cable Service to your dwelling and costs will be paid by you directly to the service provider. 6) Internet Technology Service to your dwelling and costs will paid by you as follows: a. Internet service will be billed by the service provider to us and then allocated to you based on a flat rate of $45.00 per month. Resident required to provide own modem/router. 7) Amenity Fee for your dwelling will be billed to you at the flat rate of $8.00 per month. When billed by us directly or through our billing company, your payment of utility and/or services must be received with monthly rent and any taxesconsidered late on the 5th day of the month. If a payment is late, penalties, surcharges or similar charges thereonyou will be responsible for a late fee as outline in paragraph 6. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with there is a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services billing fee for the Premisesproduction of any services bill or a set up charge by us or our billing company, you shall pay such billing fee in the amount of $3.50 per billing period and a set-up/initiation fee of $3.50. Notwithstanding anything to the contrary set forth hereinUpon move-out, if (i) you will be charged a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission $17 account transfer fee for OPPD electric on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceyour Final Account Statement.

Utilities, Services. Tenant shall contract directly If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric (all meters) Oven Drip Pans Water (all meters) Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 1 Month Locks/Keys Adding Vinegar to A/C Drain Tube Monthly Water Softener Salt Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with utility providers for all their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, electricity, heat, light, power, sewer, trash, guarded security gate or other services and other utilities (the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including gas and fire sprinklers but not limited to the extent the Project is plumbed for such services)water, and refuse sewer and trash collection (“Utilities”) required if the association no longer provides these services. The discontinuation of any such services by Tenant during the Termassociation shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. Tenant shall pay directly The failure of TENANT to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, retain and pay for all maintenance charges for Utilitiesessential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, and any storm sewer charges if the municipality or other similar charges for Utilities imposed by any Governmental Authority or Utility providercounty decides to connect the premises to city/municipality water, and any taxes, penalties, surcharges or similar charges thereon. To the extent TENANT agrees that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant TENANT shall be responsible for obtaining and paying for its own janitorial services the monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the Premisesresponsibility of the TENANT under the lease. Notwithstanding anything TENANT is responsible for any cost related to the contrary set forth hereininstallation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if (i) a stoppage of an Essential Service (as defined below) TENANT chooses to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicehave phone land line service and/or cable service.

Utilities, Services. Tenant Landlord shall contract directly with utility providers be responsible for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers the payment of the following utilities/services to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for obtaining the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and paying shall be due for its own janitorial services reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Landlord reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Notwithstanding anything Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Tenant. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) rent payment. No keys will be issued to Tenant until the Premises shall occur appropriate services are put in Tenant’s name and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond verified by Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service.

Utilities, Services. Tenant shall contract promptly pay directly with to the appropriate utility providers or service provider, as the same become due, all charges for all water, gas, electricity, heattelephone, lightsewer service, powerwaste pick-up and any other utilities, sewermaterials and services furnished directly to or used by Tenant on or about the Premises during the Lease Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and other utilities (including gas and fire sprinklers b) penalties for discontinued or interrupted service. Tenant’s use of electricity shall never exceed the capacity of the feeders to the extent Building or the Project is plumbed for such services)risers or wiring installation, and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant not install or use or permit the installation or use of any “Lines” in the Premises, except in accordance with Paragraph 24 below or the Project during the TermTenant Improvement Agreement. Unless billed directly Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilitiesthis Lease, and any storm sewer charges renovation, redecoration or other similar charges rehabilitation of any area of the Project, shall not render Landlord liable for Utilities imposed by any Governmental Authority damages to either person or Utility provider, and any taxes, penalties, surcharges property or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilitiesloss to Tenant’s business, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rental, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other Applicable Laws permitting the termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premisesdue to such failure or interruption. Notwithstanding the foregoing or anything to the contrary set forth hereincontained in this Lease, if Tenant is prevented from using, and does not use, the Premises or any material portion thereof as a consequence of a cessation of utilities (i) a stoppage not caused by Tenant or any Tenant Party and either within the reasonable control of an Essential Service Landlord to correct or covered by rental interruption insurance then carried by Landlord or (as defined belowii) to caused by the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of any Landlord Indemnitee (each, a “Utility Cessation Event”), then Tenant shall give Landlord notice of such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive business days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be abated after expiration of the Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not due in any part to any act or omission on use, the part of Tenant Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant Party is prevented from using, and does not use, bears to the total rentable area of the Premises. Such right to xxxxx Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be Tenant’s sole and exclusive remedy at law or any matter beyond in equity for a Utility Cessation Event; provided, however, that if a Utility Cessation Event continues for nine (9) months after Landlord’s reasonable control receipt of notice thereof from Tenant, then Tenant shall thereafter have the right to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to cessation of the Utility Cessation Event. Except in the event the Utility Cessation Event results from a default by Landlord under this Lease, (any 1) Tenant’s termination shall constitute an election of remedies, and (2) Landlord shall have no liability to Tenant in connection with such stoppage Utility Cessation Event. The provisions of an Essential Service being hereinafter referred to as a “Servicethis Paragraph 10.1 shall survive the expiration or earlier termination of this Lease until all claims within the scope of this Paragraph 10.1 are fully, finally and absolutely barred by the applicable statutes of limitations.

Utilities, Services. Tenant agrees to put the following utilities in their name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric , Gas X . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric X , Gas . For utilities that are in the Landlord’s name, Tenant shall contract directly pay a monthly flat fee of $ 100.00 , which shall be payable with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent monthly rent payment beginning with the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the TermCommencement Date. Tenant shall pay directly a monthly flat fee of $ 25.00 , for trash service which shall include one trash bin ( X 65 gallon or 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion) which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash such Utility providers as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted at Landlord’s sole discretion to delinquency for all such Utilities furnished to Tenant or remove any item which prohibits routine and timely trash removal by the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility trash service provider, or violates any taxesCity Ordinance, penaltiesthe cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, surcharges disposing of, or similar hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers whether or not the Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are paid optional at Tenant’s expense. Satellite dishes may never be installed anywhere on Premises without prior written consent by Landlord and may never be placed on the roof or siding of any structure. Landlord reserves the right to remove and dispose of immediately and without notice, without recourse, any satellite dish found installed without prior written authorization. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on the Commencement Date, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilitiespayable to Landlord, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), addition to the abatement of Rentutility xxxx and related charges. Tenant shall be responsible for obtaining and paying any damages arising from the disconnection of the utilities that are their responsibility including any disconnect or reconnect fees. Landlord shall not be liable for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage any disruption of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct service of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceutility.

Utilities, Services. 24.1 The Premises shall be serviced by Landlord's heating, air-conditioning and ventilating system during regular business hours without additional cost to Tenant. If Tenant requires heat, air conditioning or ventilation before 7:00 a.m. or after 7:00 p.m. on a weekday, or before 8:00 a.m. or after 1:00 p.m. on Saturdays, or at any time on Sundays or holidays, Landlord shall furnish such additional services at rates to be determined by Landlord from time to time to be charged to Tenant as additional rent. 24.2 Landlord shall also furnish electricity and water to the Premises. The cost of such services is included in Landlord's Operating Expenses for the Building. In the event Landlord determines that Tenant uses or consumes water or electricity in unusual quantities, Landlord may install a meter measuring the consumption of such service in the Premises, which Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewermaintain in good working order and repair, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay for the cost of such service directly to such Utility providers prior the utility company. 24.3 Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to delinquency for all such Utilities furnished to Tenant the Building or the Project during risers or wiring installation and Tenant may not use any electrical equipment which, in Landlord's opinion, reasonably exercised, will overload such installations or interfere with the Termuse thereof by other tenants of the Building. Unless billed directly The change at any time of the character of electric service shall in no wise make Landlord liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain. 24.4 Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall not be responsible for obtaining and paying for its own janitorial services for if the Premises. Notwithstanding anything normal operation of the air-conditioning system shall fail to the contrary set forth hereinprovide condi tioned air at reasonable temperatures, if (i) a stoppage pressures or degrees of an Essential Service (as defined below) to humidity or in reasonable volumes or velocities, in any portions of the Premises shall occur and such stoppage is due solely to the gross negligence (a) which by reason of any machinery installed by or willful misconduct of Landlord and not due in any part to any act or omission on the part behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of the load, or which shall have a human occupancy factor in excess of the human occupancy factor for which the air-conditioning system is designed; or (b) because of any rearrangement of partitioning or other alterations made or performed by or on behalf of Tenant. Whenever said air-conditioning system is in operation, Tenant Party agrees to cause all windows in the Premises to be kept closed. Tenant shall cooperate fully with Landlord at all times and abide by all regula tions and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-conditioning and heating systems. 24.5 If it is necessary to discontinue the supply of water, heat, electrical energy, air conditioning, or any matter other service or services furnished to the Premises by reason of emergency or for the purpose of necessary alterations, repairs or improvements to the Premises, the Building, or any portion thereof, or if any of the foregoing services cannot be furnished by reason of an order of any governmental department, board or commission, or any person exercising authority thereunder, or by reason of inability to secure fuel or labor, or by reason of strikes, or any other reason beyond Landlord’s 's control, Tenant shall not be entitled to any compensation from Landlord or to any abatement or diminution of the Base Rent or additional rent. Landlord shall provide reasonable control (any such stoppage notice for non-emergency interruption of an Essential Service being hereinafter referred services to as a “Servicethe Premises.

Utilities, Services. Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, Utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) supplied to the Premises shall occur be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such stoppage is amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants. a) One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $150.00 per occupant, due solely with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the gross term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated. b) Landlord shall be reasonably diligent in Landlord’s effort to restore and maintain any utility service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all utilities, other than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord. c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice. d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss. e) Neither Landlord nor its agent (regardless of the negligence or willful misconduct of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, electrical, water, sewer, telephone, cable TV, Internet, or any other utility services, or for the malfunction of machinery or appliances serving f) Resident will be responsible for any utility expenses in, and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond specifically laid out in, this section as Landlord’s responsibility for the full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Resident agrees to pay for all charges billed in accordance with this agreement before the Lease End Date. Resident will be required to provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in. g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease. h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are properly heated and do not freeze, and no organic growth occurs, even when they are not in the Unit. If Resident fails to do so Resident will be fully responsible for all damages. i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and shall entitle Landlord to immediately exercise all remedies available. j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms. k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such matter within a reasonable control (any such stoppage time after receipt of an Essential Service being hereinafter referred to as a “Serviceyour notice.

Utilities, Services. Tenant Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to delinquency for all such Utilities furnished pay to Tenant or the Project during the Term. Unless billed directly to Tenant, Master Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection associated with a Service Interruption (as defined belowafter-hours HVAC usage and over-standard electrical charges), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth hereinin this Sublease or the Master Lease, if (i) a stoppage Subtenant agrees that Sublandlord shall not be required to perform any of an Essential Service (the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as defined below) any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Premises shall occur Master Lease by Master Landlord thereunder, Subtenant acknowledges and such stoppage is due agrees that Subtenant will look solely to the gross negligence or willful misconduct of Master Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any for such stoppage of an Essential Service being hereinafter referred to as a “Serviceperformance.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not add any surcharge or other internal charge to such amounts. To Notwithstanding the extent foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that any Tenant is using more than its pro rata share of jointly metered Utilities, maintenance charges for UtilitiesLandlord may cause, any storm sewer charges at Tenant’s expense, such Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service.

Utilities, Services. Tenant The hours of operation of the Building are 6:00 a.m. to 6:00 p.m., Monday through Friday, legal holidays excepted. During such periods, Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heatHVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection and janitorial services (collectively, “Utilities”) required by ). Upon reasonable advance notice from Tenant during to Landlord, Landlord shall make available after hours HVAC or ventilation. Commencing on the Term. Commencement Date, Tenant shall be required to pay directly to Landlord a fee at the rate of $266.97 per operating hour for providing such Utility providers prior after-hours HVAC and $126.63 per operating hour for providing such after-hours ventilation, which fees may be amended by Landlord from time to delinquency time upon reasonable advance written notice to Tenant. The minimum use of after-hours HVAC shall be determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon reasonable advance notice to Tenant. Landlord shall pay, as Operating Expenses or subject to Xxxxxx’s reimbursement obligation below, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any UtilitiesLandlord may cause, maintenance charges for Utilitiesat Tenant’s expense, any storm sewer charges Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Excess Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconductwhatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as expressly provided in connection with a Service Interruption (as defined below)the immediately following paragraph, the abatement of Rent. Tenant shall be responsible for obtaining agrees to limit use of water and paying for its own janitorial services for the Premisessewer with respect to Common Areas to normal restroom use. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceService Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal Net Multi-Tenant Office/Laboratory 611 Gateway – Suite 740/Spruce Bio - Page 12

Utilities, Services. Tenant shall contract be solely responsible for and promptly pay directly with utility providers to the companies providing same, all charges for all waterheat, water and sewer, gas, electricity, heatair conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the Premises are delivered to Tenant, lightand, power, except for the water and sewer, and other Landlord represents to Tenant that, all such utilities (including gas and fire sprinklers for Tenant are currently separately metered to the extent Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the Project is plumbed for such services)utility services shall never exceed the capacity of the mains, ducts and refuse and trash collection (“Utilities”) required by Tenant during conduits bringing utility services to the TermBuilding and/or the Premises. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all any necessary maintenance charges for Utilitiesutility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from utility services and/or any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of building services for Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary set forth hereincontrary, if in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (icollectively, a “Service Failure”) as a stoppage result of an Essential Service (Landlord’s negligent acts or omissions, other than as defined below) a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than five (5) business days, Tenant shall occur and such stoppage be entitled to proportionate abatement of rent for the period Tenant is due solely reasonably unable to use or conduct its operations in part or all of the gross negligence or willful misconduct Premises. If the Service Failure is a result of Landlord and not due in any part to any Landlord’s negligent act or omission on omission, Tenant shall have the right to terminate this Lease if Landlord fails or is unable to restore such services within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in a substantial part or all of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicethe Premises.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection and janitorial services (consistent with similar laboratory/office buildings in the Cambridge, Massachusetts area) for the Premises and the Common Areas of the Building (collectively, “Utilities”) required by in compliance with the schedule of services attached hereto as Exhibit H. As part of the Tenant during Improvements, Tenant shall cause the TermPremises to be separately metered or submetered for electricity and, commencing on the date of Tenant’s installation of such meter or submeter which shall occur no later than the Rent Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such meter or submeter. Tenant shall pay directly to such the Utility providers provider, prior to delinquency for all such delinquency, the cost of separately metered electricity or other Utilities furnished to Tenant or the Project Premises during the Term. Unless billed directly If electricity to Tenantthe Premises is submetered, Tenant shall pay to Landlord shallthe cost of electricity furnished to the Premises based on the submeter as Additional Rent. With the exception only of electricity (or any other Utilities) separately metered or submetered to the Premises as provided above, Tenant shall pay, as part of Excess Operating ExpensesExpenses (except to the extent expressly excluded from Operating Expenses pursuant to Section 5), pay for its share of all maintenance charges for Utilitiesjointly metered Utilities based upon consumption, and any storm sewer charges or as reasonably determined by Landlord taking into consideration the use of the Premises for office purposes as compared to the use of other similar charges portions of the Building for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenseslaboratory purposes. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in connection with a Service Interruption (as defined below)the immediately following paragraph, the abatement of Rent). Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord shall be responsible not charge Tenant any xxxx-up or premium over the actual costs incurred by Landlord in connection with the Building’s heating, ventilation and air-conditioning systems (“HVAC”) systems. Landlord’s sole obligation for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything either providing emergency generators or providing emergency back-up power to the contrary set forth herein, if Tenant shall be: (i) a stoppage to provide emergency generators with not less than the capacity of an Essential Service (the emergency generators located in the Building as defined below) of the Commencement Date, which are designed to deliver emergency back up power to the Premises of 4 xxxxx per rentable square foot of the Premises, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall occur and such stoppage have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due solely to the gross negligence inability to obtain parts or willful misconduct replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord and does not due in any part guaranty that such emergency generators will be operational at all times or that emergency power will be available to any act or omission on the part Premises when needed. Tenant agrees that its use of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage emergency back up power will not exceed 4 xxxxx per rentable square foot of an Essential Service being hereinafter referred to as a “Servicethe Premises.

Utilities, Services. Tenant shall contract directly If marked, the expense and responsibility of the following items are to be that of the Tenant. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with utility providers for all their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, electricity, heat, light, power, sewer, trash, guarded security gate or other services and other utilities (the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including gas and fire sprinklers but not limited to the extent the Project is plumbed for such services)water, and refuse sewer and trash collection (“Utilities”) required if the association no longer provides these services. The discontinuation of any such services by Tenant during the Termassociation shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. Tenant shall pay directly The failure of TENANT to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, retain and pay for all maintenance charges for Utilitiesessential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, and any storm sewer charges if the municipality or other similar charges for Utilities imposed by any Governmental Authority or Utility providercounty decides to connect the premises to city/municipality water, and any taxes, penalties, surcharges or similar charges thereon. To the extent TENANT agrees that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant TENANT shall be responsible for obtaining and paying for its own janitorial services the monthly water xxxx and monthly sewer xxxx if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the Premisesresponsibility of the TENANT under the lease. Notwithstanding anything TENANT is responsible for any cost related to the contrary set forth hereininstallation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if (i) a stoppage of an Essential Service (as defined below) TENANT chooses to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicehave phone land line service and/or cable service.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all water, cause public utilities to furnish electricity, heatgas, light, power, sewer, water and other utilities (including gas sewer utilized in operating all normal facilities serving the Premises; and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by furnish Tenant during Tenant's occupancy of the TermPremises: (1) Hot and cold water at those points of supply provided for general use of Tenant in the Building; central heating and air conditioning in season and at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for comparable buildings in the Lower Queex Xxxx xxxa. Tenant shall pay directly set operating hours for the Building, subject to such Utility providers prior the reasonable approval of Landlord. For purposes of this Lease in determining the estimated amount in Section 1(k), normal business hours for the Building, Common Areas and the Garage of the Project are estimated to delinquency be 7:00 AM to 6:00 PM Monday through Friday and 7:00 AM to 1:00 PM Saturdays, excluding holidays. Routine maintenance, painting and electric lighting service for all public areas and special service areas of the Building shall be provided as reasonably requested by Tenant. During other than normal business hours for the Building such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to services shall be provided upon request of Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlordif reasonably available, Tenant shall reimburse Landlord for such costs bear the entire cost thereof as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Additional Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) have access to the Premises twenty four (24) hours per day, seven (7) days per week, including holidays and weekends, subject to Building security systems and procedures. (2) Janitorial service on a five (5) day week basis in accordance with the janitorial specifications attached hereto as Exhibit E (which standards shall occur be subject to reasonable modification by Landlord from time to time to reflect changes in the industry). If Tenant requires janitorial service in excess of such established standards, and Landlord provides such stoppage is due solely service, Tenant shall pay any additional cost attributable thereto as Additional Rent. (3) Electrical facilities to provide sufficient capacity to serve the gross negligence or willful misconduct electrical power needs of Landlord Landlord's equipment servicing the Building and not due in any part including up to any act or omission on 3.0 wattx xxx square foot of Tenant's Premises for convenience outlet loads and Tenant's miscellaneous equipment loads. In the part of event Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control requires electrical service (any such stoppage of an Essential Service being hereinafter referred to as a “Servicee.

Utilities, Services. Tenant shall contract directly with utility providers pay for all waterutility services furnished for the operation of the Premises. Tenant shall apply to the applicable utility company or municipality for gas, electricity, heat, light, power, sewer, telephone and all other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) utility services required by Tenant during for use in the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for UtilitiesPremises, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining the connection and paying installation of same. In the event that any such utilities are provided to Tenant in common with other tenants in the Building and not metered directly to Tenant, Tenant agrees to pay Landlord for its own such utility usage based upon Landlord’s allocation of such utility usage among such tenants, including Tenant. In the event Tenant fails to pay any utility xxxx within forty-five (45) days after the due date, Landlord may but shall not be obligated to pay such bills (without any duty to investigate the validity thereof). in which event Tenant shall immediately reimburse Landlord for the amount paid by Landlord plus interest at the default interest rate set forth in this lease. Landlord shall not provide any janitorial services for service to the Premises. Notwithstanding anything to the contrary set forth hereinTenant shall be responsible, if (i) a stoppage of an Essential Service (as defined below) at its sole cost and expense, for providing janitorial service to the Premises on a daily basis, or alternatively, securing a janitorial service contract for the Premises which is reasonably acceptable to Landlord. Tenant shall occur and such stoppage is due solely have the right to 24/7 365 Day access to the gross negligence or willful misconduct Premises. Landlord shall clear sidewalks and Parking areas of snow and debris as Landlord deems reasonably necessary. Landlord shall properly maintain the exterior lighting from Premises office doors to the parking lot. Tenant agrees that Landlord and its agents shall not due be liable in damages. by abatement of Rent or otherwise, for any part failure of Tenant to secure gas, electrical or other utility services from local utilities. Tenant further agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for Landlord’s failure to furnish or delay in furnishing any service which Landlord is obligated to provide pursuant to the terms and provisions of this lease, or for Landlord’s failure to perform or delay in performing any other obligation required to be performed by Landlord under this lease or by operation of law, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by the act or omission on the part default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays, or the nonexistence of any utility, whether occasioned by Landlord or some third party, shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Premises or relieve the Tenant Party from paying Rent or performing any matter beyond of its obligations under this lease. Tenant will look to its own business interruption insurance for any losses or damages arising from such interruptions. Tenant agrees to cooperate fully. at all times, with Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. Landlord, throughout the term of this lease, shall have free access to any and all mechanical installations, and Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with the moving of the servicing equipment of Landlord to or from the enclosures containing said installations, provided that Landlord gives Tenant at least 24 hour’s advance notice of such access (except in cases of emergency), and that such access does not interfere with the conduct of Tenant’s business. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time tamper with, adjust or otherwise in any manner affect Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicemechanical installations.

Utilities, Services. Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, Utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) supplied to the Premises shall occur be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such stoppage is amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants. a) One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $135.00 per occupant, due solely with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the gross term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated. b) Landlord shall be reasonably diligent in Landlord’s effort to restore and maintain any utility service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all utilities, other than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord. c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice. d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss. e) Neither Landlord nor its agent (regardless of the negligence or willful misconduct of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, electrical, water, sewer, telephone, cable TV, Internet, or any other utility services, or for the malfunction of machinery or appliances serving f) Resident will be responsible for any utility expenses in, and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond specifically laid out in, this section as Landlord’s responsibility for the full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Resident agrees to pay for all charges billed in accordance with this agreement before the Lease End Date. Resident will be required to provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in. g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease. h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are properly heated and do not freeze, and no organic growth occurs, even when they are not in the Unit. If Resident fails to do so Resident will be fully responsible for all damages. i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and shall entitle Landlord to immediately exercise all remedies available. j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms. k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such matter within a reasonable control (any such stoppage time after receipt of an Essential Service being hereinafter referred to as a “Serviceyour notice.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heatheating, ventilation and air conditioning (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services)) to the Premises and the Common Areas, and refuse and trash collection and janitorial services to the Common Areas (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shallpay, as part of Operating ExpensesExpenses or subject to Tenant’s reimbursement obligation below, pay for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To Electricity serving the extent that any UtilitiesPremises is separately submetered and commencing on the Commencement Date, maintenance charges Tenant shall pay for Utilitieselectricity consumed in the Premises based on such submeter. Landlord may cause, at Landlord’s expense, any storm sewer charges other Utilities to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconductwhatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant shall be responsible for obtaining may elect upon delivery of written notice to Landlord to obtain and paying pay directly for its own janitorial services for the Premises. Notwithstanding anything Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the contrary set forth hereinPremises, if (i) a stoppage of an Essential Service (as defined below) Landlord shall provide janitorial services to the Premises and Landlord shall occur charge Tenant directly for such janitorial services. Tenant agrees to limit use of water and such stoppage is due solely sewer with respect to the gross negligence or willful misconduct of Landlord and not due in any part Common Areas to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Servicenormal restroom use.

Utilities, Services. Tenant Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services). Notwithstanding the foregoing, to the extent that utilities serving the Subleased Premises (excluding telephone and internet) are not separately metered, Sublandlord shall establish an account for such utilities and Subtenant shall pay to Sublandlord, as additional rent hereunder, Subtenant’s Share of the cost of such utilities (such utilities are referred to herein as “Sublandlord-Provided Utilities”). Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to delinquency for all such Utilities furnished pay to Tenant or the Project during the Term. Unless billed directly to Tenant, Master Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection associated with a Service Interruption (as defined belowafter-hours HVAC usage and over-standard electrical charges), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth hereinin this Sublease or the Master Lease, if Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord, Sublandlord’s obligation shall be to use commercially reasonable efforts to cause Master Landlord to so perform (i) but Sublandlord shall not be required to file a stoppage of an Essential Service (as defined below) legal action to so enforce such matter). Notwithstanding the Premises shall occur and such stoppage is due solely to the gross negligence foregoing, should Sublandlord’s negligent acts or willful misconduct of Landlord and not due result in any part interruption, cessation or disturbance in the provision of Subtenant-Provided Utilities to the Subleased Premises that materially impairs Subtenant’s use and occupancy of the Subleased Premises, such that Subtenant is prevented from using, and does not use the Subleased Premises or any act or omission portion thereof, for more than three (3) consecutive days, commencing on the part fourth (4th) day after the commencement of Tenant such interruption, cessation or any Tenant Party disturbance, the Rent payable hereunder by Subtenant shall xxxxx during such time that Subtenant continues to be so prevented from using, and does not use, the Subleased Premises or any a portion thereof, in the proportion that the square feet of the portion of the Subleased Premises that Subtenant is prevented from using, and does not use, bears to the total square feet of the Subleased Premises; provided, however, that Subtenant shall not be entitled to abatement or reduction of Rent to the extent the matters described in this sentence above arise out of or results from a matter beyond Landlordoutside of Sublandlord’s reasonable control (any such stoppage control. To the extent Subtenant shall be entitled to abatement of an Essential Service being hereinafter referred Rent because of a damage or destruction or a taking pursuant to as a “ServiceSection 29 below, then the terms of the immediately prior sentence shall not be applicable.

Utilities, Services. Landlord shall make available to the Building gas, electricity, water, and sewer facilities. Tenant agrees to assume all costs and expenses for gas, electricity, telephone, water and sewer, refuse removal, pest control, grease trap cleaning, and any other service needed for its use at the Premises, including any license or deposit required to establish or maintain such services, and the costs of installation, hook-up and metering. Tenant shall contract directly with utility providers promptly pay for all utility services furnished to the Premises during the Term. Landlord shall under no circumstances be liable to Tenant in damage or otherwise for any interruption in service of water, electricity, heatheating, lightair conditioning or other utilities or services caused by governmental regulation, poweremergencies, seweracts of God, by the making of any necessary repairs or improvements, or by any cause beyond Landlord’s reasonable control; provided, however, that if any such interruption results from Landlord’s willful misconduct or gross negligence, Tenant, as Tenant’s sole and exclusive remedy therefor, shall be allowed an abatement of Base Rent for each day after the fourth (4th) consecutive business day of such interruption until such service is restored. Landlord shall endeavor in good faith to give at least twenty-four (24) hours notice to Tenant when any necessary interruption in service will be made by Landlord. Landlord shall use, and other utilities shall cause any of its employees, contractors, agents, and/or representatives to use, commercially reasonable efforts to minimize any interference with Tenant’s use and enjoyment of the Premises and the operation of Tenant’s business therefrom during any such necessary service interruptions. (including gas a) Landlord shall provide unheated water at those points of supply on the Land designated by Landlord and fire sprinklers to be specified in the Approved Construction Documents (as defined in the Construction Agreement attached hereto as Exhibit “C”) to be approved by Landlord. (b) Landlord shall provide electric lighting service for all public areas and special service areas of the Project in the manner and to the extent deemed by Landlord to be in keeping with the Project is plumbed for such services)standards of a comparable office/retail project in the area of The Woodlands, and refuse and trash collection (“Utilities”) required by Tenant during the TermTexas. Tenant shall pay directly for installation of the infrastructure needed to distribute electricity from the main gutter to points specified in the Approved Construction Documents, all equipment needed to submeter such Utility providers prior electricity and the cost of all electricity used in the Premises. (c) Tenant shall provide and pay for the installation of the infrastructure (including all equipment and fixtures) related to delinquency for heating, ventilating and cooling the Premises and heating the water used in the Premises. (d) Landlord shall provide pest control services in and around the Premises. (e) Except as otherwise expressly stipulated herein, Landlord shall make, do and perform all maintenance or repairs of any kind or character on the Land, Easements, parking areas, landscaping, service and other drives, the Building and all building machinery and components necessary to maintain the Building in a condition comparable to other first-class buildings/shopping centers in the same metropolitan area as the Premises, which shall include the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the like), foundation, interior structural walls, and all structural components of the Building, the painting and repair of exterior walls, corridors, windows and other structures and equipment serving the Premises, and such Utilities furnished to Tenant repairs and maintenance thereto as may be necessary because of damage or the Project during the Term. Unless billed directly to negligence by persons other than Tenant, its agents, employees, invitees, licensees or visitors. Landlord shallshall make all repairs under this Section promptly after Landlord learns of the need for such repairs but in any event within thirty (30) days after Tenant notifies Landlord of the need for such repairs. Failure by Landlord to any extent to furnish the defined services in subparagraphs (a), as part of Operating Expenses(b), pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider(d), or (e) or any taxescessation thereof shall not render Landlord liable in any respect for damages to either person or property, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs nor be construed as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive an eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the nor work an abatement of Rent. rent, nor relieve Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth from fulfillment of any covenant or agreement herein, if (i) Tenant hereby waiving all claims against Landlord arising from service interruption. In the event of any such interruption other than a stoppage of an Essential Service (as defined below) service interruption for scheduled maintenance, tests and inspections, Landlord shall use reasonable diligence to the Premises shall occur and restore such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due service in any part to any act or omission on circumstance in which such restoration is within the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceLandlord.

Utilities, Services. Tenant Sublandlord shall have no obligation to provide to the Subleased Premises any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services (all as reasonably determined by Sublandlord). Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of rent or other charge, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to delinquency for all such Utilities furnished pay to Tenant or the Project during the Term. Unless billed directly to Tenant, Master Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection associated with a Service Interruption (as defined belowafter-hours HVAC usage and over-standard electrical charges), the abatement of Rent. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth hereinin this Sublease or the Master Lease, if (i) a stoppage Subtenant agrees that Sublandlord shall not be required to perform any of an Essential Service (the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as defined below) any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Premises shall occur Master Lease by Master Landlord thereunder, Subtenant acknowledges and such stoppage is due agrees that Subtenant will look solely to the gross negligence or willful misconduct of Master Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any for such stoppage of an Essential Service being hereinafter referred to as a “Serviceperformance.

Utilities, Services. Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, potable water, electricity, heatHVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To Landlord may cause, at Landlord’s expense (except to the extent that any necessary as a result of Tenant’s disproportionate usage of Utilities, maintenance charges for Utilities), any storm sewer charges Utilities not otherwise separately metered as part of the Tenant Improvements to be separately metered or other similar charges for Utilities imposed charged directly to Tenant by any Governmental Authority or the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Tenant shall pay, penaltiesas part of Operating Expenses, surcharges or similar its share of all charges are paid for jointly metered Utilities based upon consumption, as reasonably determined by Landlord, Tenant . Landlord’s charge(s) for utilities shall reimburse Landlord for such costs as Operating Expensesnot include any markup thereon. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in connection with a Service Interruption (as defined below)the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible during the Term for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) Utilities shall be available to the Premises shall occur and 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such stoppage is due solely to Utilities, the gross negligence or willful misconduct of performance by 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 13 Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party Utility provider of any installation, maintenance or repairs, or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceother temporary interruptions.

Utilities, Services. Tenant (a) Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, for the Common Areas and Shared Conference Facility, refuse and trash collection and janitorial services (collectively, “Utilities”) required by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Project during the Term. Unless billed directly to TenantPremises, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To Landlord shall, as part of Landlord’s Work, install an airflow checkmeter and/or submeter, as reasonably determined by Landlord, serving the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges Premises. Tenant shall pay Landlord the costs for Utilities imposed by any Governmental Authority or consumed in the Premises based on the airflow checkmeter and/or submeter. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or any taxesthe Premises during the Term. Commencing on the Commencement Date, penaltiesTenant shall pay, surcharges as part of Operating Expenses or similar charges are paid for as direct billed by Landlord, Tenant shall reimburse Landlord its share of all charges for such costs jointly metered Utilities based upon consumption, as Operating Expensesreasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. (b) Landlord shall provide Tenant with access to the acid neutralization system existing as of the date of this Lease (“Acid Neutralization System”) pursuant to the terms and conditions of this Lease. Tenant acknowledges and agrees that the Acid Neutralization System shall be shared with at least one other tenant of the Project. Tenant’s obligation to pay its share of ongoing operation costs shall be allocated among Tenant and other user tenants on a pro rata basis, with Tenant’s share based on the ratio of the Rentable Area of Premises to the sum of the rentable areas of the Premises and the premises of all other user tenants. Landlord’s sole obligations for providing the Acid Neutralization System, or any acid neutralization system facilities, to Tenant shall be (the “Acid Neutralization Obligations”) to (i) use reasonable efforts to obtain and maintain the permit required from the Massachusetts Water Resources Authority for discharge through the Acid Neutralization System (the “Discharge Permit”), provided that Tenant cooperates with Landlord and provides all information and documents necessary in connection with the Discharge Permit, and (ii) contract with a third party to maintain the Acid Neutralization System as operating as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything herein to the contrary, if the Acid Neutralization System must be replaced and the cost thereof is not included in such third party maintenance contract, then, Landlord shall replace the Acid Neutralization System, it being acknowledged, however, that Tenant shall be responsible for its share of all costs incurred in connection as an Operating Expense amortized as provided for laboratory portions of the Premises pursuant to Section 5. Tenant shall be solely responsible for the use of the Acid Neutralization System by Tenant, its employees, any sublessees, invitees or any party other than Landlord or Landlord’s contractors, and Tenant shall be jointly and severally responsible for the use of the Acid Neutralization System with the other user tenants, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Tenant shall use, and cause other parties under its control or for which it is responsible to use, the Acid Neutralization System in accordance with this Lease and in accordance with all applicable Legal Requirements, the Discharge Permit and any permits and approvals from Governmental Authorities for or applicable to Tenant’s use of the Acid Neutralization System. Tenant shall not take any action or make any omission that would result in a violation of the Discharge Permit or any other permit or Legal Requirements applicable to the Acid Neutralization System. The scope of the Surrender Plan (as defined in Section 28 of this Lease) shall include all actions for the proper cleaning, decommissioning and cessation of Tenant’s use of the Acid Neutralization System, and all requirements under this Lease for the surrender of the Premises shall also apply to Tenant’s cessation of use of the Acid Neutralization System, in each case whether at Lease expiration, termination or prior thereto (but Tenant shall not be required to complete the decommissioning of the Acid Neutralization System if other tenants or occupants will continue to use the same after the expiration or earlier termination of the Lease, nor shall Tenant be responsible for or bear any costs of decommissioning arising from the use of the Acid Neutralization System by any party other than Tenant; it being agreed that if multiple tenants use the Acid Neutralization System, then Landlord shall be responsible for completing the decommissioning thereof, and Tenant shall pay to Landlord within thirty (30) days after invoice therefor Tenant’s share of the reasonable, actual costs of decommissioning based on the ratio of the Rentable Area of the Premises to the rentable area of the Premises and the premises of all other user tenants). The obligations of Tenant under this Lease with respect to the Acid Neutralization System shall be joint and several with such other tenants as aforesaid, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Without in any way limiting the Acid Neutralization Obligations, Landlord shall have no obligation to provide Tenant with operational emergency or back-up acid neutralization facilities or to supervise, oversee or confirm that the third party maintaining the Acid Neutralization System is maintaining such system as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the Acid Neutralization System when such system is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up system or facilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such Acid Neutralization System will be operational at all times or that such system will be available to the Premises when needed. Without in any way limiting the Acid Neutralization Obligations, in no event shall Landlord be liable to Tenant or any other party for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that the Acid Neutralization System or back-up system, if any, or any replacement thereof fails or does not operate in a manner that meets Tenant’s requirements. Within a reasonable period following a written request from Tenant, Landlord shall provide to Tenant copies of Landlord’s maintenance records regarding the maintenance of the Acid Neutralization System by Landlord or third party maintenance providers engaged by Landlord during the Term. (c) Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generator is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. In no event shall Landlord be liable to Tenant or any other party for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that any emergency generator or back-up power or any replacement thereof fails or does not provide sufficient power. (d) Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “ServiceService Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one

Utilities, Services. Tenant shall contract directly with utility providers agrees at its own cost and expense, to pay for all water, electricitygas, heatsewer (and septic tank service, lightif any), powerpower and electric current, sewergarbage collection and/or compacting, and other similar utilities (including gas or services used by the Tenant on the Premises and for all connection and/or hookup fees, standby charges, service fees, whether charged before or after completion of the Premises and/or the Building, maintenance, repair, replacement and inspection service for fire sprinklers sprinkler system, drainage and sewer facilities, and all utilities from and after the delivery of possession of the Premises by Landlord. If separate meters are provided for Tenant, the cost of the meters, deposit for meters, and their installation shall be at Tenant's expense. In addition to the extent Rent specified in Article 2, Tenant shall pay as additional rent a utility charge to reimburse Landlord for utilities furnished by Landlord, if any, to the Project is plumbed Premises. If Tenant installs upon the Premises any electrical equipment which constitutes an overload on the electrical lines of the Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters and any governmental authority having jurisdiction thereover, but nothing herein contained shall be deeded to constitute Landlord's consent to such overloading. Tenant agrees at its own cost and expense to pay for such services)all lawn and yard care and maintenance and to maintain all landscaping in good repair and condition, and refuse and trash collection (“Utilities”) required by Tenant during specifically including the Termwaterfall. Tenant shall pay directly not alter or remove the landscaping, including the waterfall, without the express, written consent of the Landlord. Landlord shall be permitted to such Utility providers prior remove the waterfall and surrounding landscaping at its own election and expense. Tenant agrees at its own cost and expense to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all security and fire alarm system maintenance charges for Utilitiesand cost, including false alarm costs, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent Tenant further agrees that any Utilitieschanges, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provideralterations, or any taxesadditions to the security/alarm system are to be provided and performed by X. Xxxxxxx with Tri-City Sales, penaltiesIncorporated, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of at Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent's sole cost and expense. Tenant shall be responsible for obtaining and paying for agrees at its own janitorial services cost and expense to pay for the Premises. Notwithstanding anything all telephone system maintenance and cost and that any changes, alterations, or additions to the contrary set forth hereintelephone system are to be provided and performed by Telco Wiring & Repair, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur Inc., at Tenant's sole cost and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Serviceexpense.