Common use of Utilities Clause in Contracts

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any acknowledges that all utilities and/or services that are to be paid for by Tenant, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving Premises which are in the name of Landlord and are not being provided by Landlord under this Lease. Landlord may, at Landlord's option, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities or service termination (cutoff) slips. Tenants are responsible for turning utilities off in their name after they vacate the property. If Tenant does not turn it off the owner and Landlord are not responsible for the charges to the Tenant. Tenant's failure to pay any utility xxxx, as and when due, shall constitute an Event of Default. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises exclusively Premises. If Tenant desires to install any equipment which shall require additional utility facilities or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to sameutility facilities of a greater capacity than the facilities provided by Landlord, such payments installation shall be subject to Landlord's prior written approval, which may be madewithheld at Landlord's sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant's installation, Tenant agrees to the extent possiblepay Landlord, directly to the utility or service provider or to the appropriate party charged with collecting the sameon demand, the foregoing to include all charges cost for providing such utilities additional utility facilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereofutility facilities of greater capacity. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility company, public authority or any other person or entity (including Landlord) supplying or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or failure in sprinkler) caused by the supply making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination of this Lease or an eviction of Tenant. Should any interruption or discontinuance of utility services, result from the Landlord's action, negligent or otherwise, and the same shall continue, unabated, for a term of Thirty (30) business days and such interruption materially interferes with Tenant's ability to conduct business, then Landlord shall xxxxx the rent for the Premises until such utility service has been restored, and should such interruption continue for an additional thirty (30) business days, Tenant and Landlord shall each have the option to terminate this Agreement without further liability to one another. In the event of any such utilities or interruption of any such services to the Leased Premises. No interruption or failure of utilities shall result in the termination of as contemplated by this Lease; providedparagraph, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of use reasonable diligence to restore such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesservice.

Utilities. Tenant shall make arrangements with appropriate utility pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and all other services and utilities supplied to the Premises, including Tenant’s Share of any such services or service companies utilities which are not separately metered for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant directlyor the Premises by utility companies or third party providers shall not be included in Operating Expenses and shall be paid directly by Tenant to such utility companies or third party providers prior to delinquency, or, to the extent Landlord is billed for such utilities, to Landlord within thirty (30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord within thirty (30) days after receipt of an invoice therefor or, at Landlord’s option and in its sole discretion, Landlord may estimate such charges and include such estimate in Landlord’s Estimate, in which event they shall be payable monthly by Tenant to Landlord along with other estimated Operating Expenses, subject to reconciliation annually as described in Section 4.05(c). All other charges for utilities and services shall be recoverable by Landlord to the extent provided in Article IV. The disruption, failure, lack or shortage of any service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall promptly faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all costs with respect to sameRent due hereunder, such payments to be madeall without diminution, to the extent possible, directly to the utility credit or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Leasededuction; provided, however, that if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, within three (3) Business Days after receipt of written notice from Tenant specifying such failure, Landlord shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if (i) an any interruption or cessation of utilities shall occurresults solely from the gross negligence or intentional or willful misconduct of Landlord, except if the same is due to any act or neglect of Tenant or Tenant’s agents, its employees, contractors agents or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)contractors, and (ii) such Service Interruption occurs or continues as a result any loss of revenues resulting therefrom is not covered by business interruption insurance carried by Tenant, then, if the negligence or wrongful Premises are not usable by Tenant for the conduct of the Landlord or LandlordTenant’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptioninterruption, the conduct of Tenant’s normal and Tenant therefore actually ceases its business operations in the Leased Premises are materially Premises, Base Rent and adversely affected, then there Additional Rent shall be an abatement abated for the period that commences on the fifth (5th) consecutive Business Day after the date of one day’s Rent for each day during which such Service Interruption continues after interruption until such one (1) business day; providedutilities are restored. If the entire Premises have not been rendered untenantable by such interruption or cessation of services or utilities, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesequitably prorated.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve Commencing on the Leased Premises exclusively or directly Effective Date and that can be billed to Tenant directlycontinuing through the remainder of the Term, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for maintaining the portion of the utility lines located within the Premises and shall pay for all gas, water, electricity, telephone, and other utility services used or consumed in or about or furnished to the Premises during the Term and shall pay all sewer use fees or similar charges made or imposed with respect to or against the Premises during the Term. Tenant shall hold Landlord and the Premises harmless from all liens, charges, and costs with respect to such items. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant requires additional utility facilities, such additional utility facilities shall be installed at Tenant’s Proportionate Share thereofexpense in accordance with plans and specifications approved in writing in advance by Landlord. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any utilities to the Premises or for any damage caused either to the electrical system or to Tenant’s equipment in the Premises by any power surge. To the extent feasible, Landlord shall cooperate, at no cost to Landlord, with Tenant to cause all such utilities to be put in the name of Tenant, with all bills being sent directly to Tenant. If Tenant fails to pay any utility bills or charges, Landlord, may, at its option, upon reasonable notice to Tenant, pay the same and, in such event, the amount of such payment, together with interest thereon at the Default Rate (hereinafter defined) from the date of such payment by Landlord, will be added to Tenant’s next due payment of Base Rent, as Additional Rent. If Landlord provides any of such utility services to the Leased Premises. No interruption Tenant because they are not or failure of utilities cannot be separately metered or billed to Tenant, then Tenant shall result in the termination of this Lease; providedpay to Landlord, howeverwithin thirty (30) days after receiving a statement therefor from Landlord, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or TenantTxxxxx’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result equitable share of the negligence or wrongful conduct of billing received by Landlord for such utility service, which share shall be determined by Landlord in its reasonable discretion taking into account such factors, including but not limited to the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct nature of Tenant’s normal operations in the Leased Premises are materially and adversely affectedbusiness, then there shall as Landlord reasonably may consider to be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesappropriate.

Utilities. Tenant shall make arrangements with appropriate utility or service companies We ll pay for its own service the following utilities: You ll pay for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directlyall other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. Any utility including the water xxxx that is owed to the landlord is considered additional rent and therefore collectible in rent court. Water Payments are due within 30 days of receipt of the xxxx by the tenant. Failure to pay water invoices will result in a onetime late fee of 5% of the xxxx amount. Payments will always be applied to the oldest outstanding balance first. In the event certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon execution of this Lease, shall promptly contract with the appropriate public utility and pay all costs with respect to same, such payments to be made, charges assessed or imposed during the term hereof for all utilities supplies to the extent possible, directly to the utility Premises whether occupied or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or servicesvacant. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord for utility service xxxxxxxx incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for Tenant’s Proportionate Share thereofany liability due to disconnection or discontinuance of any such utility service. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and Landlord/Agent shall not be liable for any failure, interruption or failure stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the supply of Tenant’s tenancy if any utility service, contracted for by Tenant, such utilities as water, sewer, gas and/or electric services, are discontinued due to some act or services omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Leased Premises. No interruption or failure of utilities shall result in Tenant further agrees and acknowledges that the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if Premises came with light bulbs and fuses at the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result commencement of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, Lease term and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of not be responsible to provide such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if items to Tenant at any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisestime thereafter.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall make arrangements with appropriate utility pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or service companies other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for its own service Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any utilities and/or services failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to serve Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the Leased percentage obtained by dividing the gross leasable square footage contained in the Premises exclusively by the total gross leasable square footage located in all buildings utilizing such Services. The lack or directly and that can be billed shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant directlyhereunder, and Tenant shall promptly faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all costs with respect to sameRentals due hereunder, such payments to be madeall without diminution, credit or deduction. The immediately preceding sentence to the extent possiblecontrary notwithstanding, directly Landlord agrees that if Services are curtailed or suspended to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the acts or negligence or wrongful conduct willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord or Landlord’s agents, employees or contractors, and Tenant) following such forty-eight (iii48) hour period until such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises Services are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesrestored.

Utilities. Tenant 13.1. Sublessor shall make arrangements with appropriate bring or shall cause utility lines to be brought to the Subleased Premises at the points shown on Exhibits 2 & 3. The utility lines as shown on the Exhibit 2 & 3 Plans shall have the capacities set forth therein Term which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or service companies for its own service for any exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities and/or services that are to supplied to, distributed in or serve the Leased Premises exclusively Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or directly utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's and, if necessary, PDA's prior written approval of Sublessee's plans and that can be billed to Tenant directlyspecifications therefor, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and Sublessor's approval shall not be liable unreasonably withheld. Such approval shall be deemed granted if the Sublessor shall not respond within 15 days of receipt of Sublessee's written request therefor and shall fail again to respond 10 days after receipt of Sublessee's second written request therefor. If such installation is approved by Sublessor and PDA and if Sublessor and PDA agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor and/or PDA, in advance and on demand, the cost for any interruption providing such additional utility facilities or failure utility facilities of greater capacity. PDA under the Primary Lease also reserved the right to run such utility lines as it deems necessary in connection with the supply development of any such utilities the Airport to, from, or services to through the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; Subleased Premise, provided, however, that if PDA in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with PDA and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. PDA under the Primary Lease, at its sole discretion, shall have the right from time to time, to alter the method and source of supply of the above enumerated utilities to the Subleased Premises and Sublessee agrees to execute and deliver to PDA such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any other person, firm or corporation which are separately metered to the Subleased Premises, provided that the charges to be paid by the Sublessee shall not be greater than those charged prior to the change. PDA under the Primary Lease, shall have the option to supply any of the above-enumerated utilities to the Subleased Premises. If PDA shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by PDA, and Sublessee will pay PDA, within ten (i10) an interruption or cessation days after mailing by PDA to Sublessee of utilities statements therefor, at the applicable rates determined by PDA from time to time which shall occur, except if not be in excess of the public utility rates for the same is due service, if applicable, to other aviation tenants at the Airport or otherwise obtainable by Sublessee. If PDA so elects to supply any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptionutilities, the conduct of Tenant’s normal operations Sublessee shall execute and deliver to PDA, within ten (10) days after request therefor, any documentation reasonably required by PDA to effect such change in the Leased Premises are materially and adversely affected, then there shall be an abatement method of one day’s Rent for each day during which furnishing of such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesutilities.

Utilities. Tenant shall make arrangements not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with appropriate utility or service companies for its own service for any utilities and/or services that are all code requirements and plans and specifications which must be approved in writing by Landlord (such approval not to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and unreasonably withheld). Tenant shall be solely responsible for and promptly pay all costs with respect to samecharges for use or consumption of sewer, such payments to be madegas, electricity, water and all other utility services delivered to the extent possiblePremises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the utility or service provider or Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating ExpensesPremises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such service, and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash compactor/trash removal, cleaning, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant's expense. Tenant shall operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and set Tenant's thermostat at the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for Tenant’s Proportionate Share thereofthe installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and other components. Landlord Tenant shall operate ventilation so that the relative air pressure in the Premises will be under no obligation the same as or less than that in the adjoining mall as reasonably required by the Landlord. In the event Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for such services with one of the service providers available at the Center. In addition to furnish any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities or services to the Leased Premises, then Tenant's rent shall be abated after the expiration of the eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall not be liable for any interruption or permitted to abatx xxxt as hereinabove otherwise provided if the failure in the supply of to provide any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same Premises is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of Tenant's failure to pay for the same or due to the negligence or wrongful conduct willful misconduct of the Landlord or Landlord’s agentsTenant, employees its employees, agents or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party proper authorities charged with collecting the same, the foregoing to include collection thereof all charges for water, sewer, gas, electricity, telephone and other utilities or services used or consumed on the Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such utilities or services. All internal utilities , Tenant shall from time to time, within 20 days of receipt of Landlord's invoice therefor, pay to Landlord Tenant's Proportionate Fraction of the total of such charges for the Building and Lot provided that, at Landlord's option, all such charges shall be separately meteredpayable by Tenant in accordance with Section 4.2.5. All costs for external utilities It is understood and agreed that are not separately metered shall be included in Operating Expenses, and Tenant (i) Landlord shall be responsible for Tenant’s Proportionate Share thereof. bringing such utilities to a common switching point(s) at the Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the "Utility Switching Points") as shown on plans described in Exhibit B at Landlord's cost and expense; (ii) Tenant shall pay for any and all costs to connect such utilities from such Utility Switching Points to the Building; (iii) Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises (beyond the foregoing responsibility to bring such utilities to the Utility Switching Points and as may be shown on the plans described in Exhibit B); and (iv) subject to Section 3.2 hereof, Landlord shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption in the event such loss or cessation of utilities shall occur, except if the same failure is due to any act Landlord's negligence or neglect willful misconduct, Landlord shall be responsible for restoring the supply of Tenant or such utilities to the Premises but otherwise shall have no liability to Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result . Without limitation of the negligence foregoing, in the event of a Casualty or wrongful conduct Taking, if Landlord and Tenant reasonably determine and agree that utilities will not be repaired or restored so as to be available at the Utility Switching Points within one year after the occurrence of the Landlord such Casualty or Landlord’s agentsTaking, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord then Tenant shall have received the right to terminate this Lease by notice thereof from Tenant, and (iv) as a result given within 30 days after the date of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdetermination.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the providing utility or service provider or all water, gas, heat, light, power, telephone and other utilities supplied to the appropriate party charged with collecting Premises. Except for any damages resulting from the samenegligence, the foregoing to include all charges for such utilities willful misconduct, or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesbreach of contract by Landlord, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. or its agents, or contractors Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for a loss of or injury to property, however occurring, through or in connection with or incidental to furnishing or failure to furnish any utilities to the Premises and Tenant shall not be entitled to abatement or reduction of any portion of the Base Monthly Rent so long as any failure to provide and furnish the utilities to the Premises is due to a cause beyond the Landlord's reasonable control, and is not the result of the negligence, willful misconduct, or breach of contract by Landlord, or its agents, or contractors. In the event of any interruption or failure in the supply of any such utilities or services to be provided to the Leased Premises. No interruption or failure of utilities , Tenant's rights and remedies shall result in the termination of this Lease; provided, however, that if be as follows: (i) an if such interruption or cessation of utilities shall occur, except if the same is due to any act or neglect a failure of Tenant or Tenant’s agentsto pay the providing utility when due, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Base Rent due hereunder shall not be abated and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) no liability to Tenant whatsoever as a result of such Service Interruptioninterruption; (ii) if such interruption is due to the actions of Landlord or Landlord's Parties, the conduct Base Rent hereunder shall be equitably abated as of the time such interruption commenced and Landlord shall be liable to Tenant for loss or injury to property and Tenant’s normal operations in 's business as a result thereof; (iii) if such interruption is due to the Leased failure of the providing utility to provide such utility or service to the Premises are materially and adversely affectedsuch interruption continues for more than ninety (90) continuous days, then there Tenant shall be entitled to terminate this Lease by delivery of written notice to Landlord within five (5) days following the expiration of such ninety (90) day period; and (iv) if such interruption is due to an abatement event of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provideddamage or destruction, however, that if any part the rights of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations parties hereunder shall be as described in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesSection 28 below.

Utilities. At all times throughout the Lease Term, Landlord will install and maintain or will cause to be installed and maintained systems which provide chilled and hot water to service Tenant's heating, ventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the aforesaid utilities; however, Tenant shall make arrangements with appropriate thereafter pay, no later than thirty (30) days after being billed for same, all charges during the term of this Lease for utility or service companies services used on the Premises, including, specifically and not limited to the amounts described on Exhibits D and F for its own service the chilled and hot water, provided, that Tenant shall not be obligated to pay for any utilities and/or such services an amount greater than the amount that are to serve Tenant would be charged if Tenant had contracted for such services directly with a public or private utility provider other than Landlord. Except as contemplated in Exhibit F hereto, Tenant will not install any equipment which can exceed the Leased Premises exclusively or directly capacity of any utility facilities and that can if any equipment installed by Tenant requires additional utility facilities, the same shall be billed to Tenant directly, installed at Tenant's expense in compliance with all governmental and utility company requirements and plans and specifications which must first be approved in writing by Landlord which approval shall not be unreasonably withheld. Tenant shall be solely responsible for and promptly pay all costs charges for use or consumption of sewer, gas, electricity, water, scavenger and all other utility services (the "Utilities") with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereofPremises. Landlord shall be under no obligation have the right, but not the obligation, to furnish any utilities or services to the Leased Premises furnish, and in such event Tenant shall not be liable for any interruption or failure in the supply of purchase from Landlord, any such utilities utility services as Landlord desires. If Landlord elects to supply or services contract with any other party to supply any such utility services, Tenant shall purchase and pay for the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that if said rate shall be reasonably competitive with rates which Tenant would be charged by the utility company which would otherwise furnish such service to the Premises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall deliver reasonable advance prior notice of such cessation, to the end that Tenant shall have a reasonable opportunity to connect (ior convert as the case may be) to an interruption or cessation alternate utility service. Landlord agrees to cooperate with Tenant with such connection and/or conversion. Landlord and Tenant acknowledge that at the time of utilities shall occur, except if the same is due to any act or neglect delivery of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result possession of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Premises to Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there only Landlord provided central utility system shall be an abatement the chilled water/hot water service described on Exhibit F hereof provided for purposes of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; providedheating, howeverventilating and air conditioning the Premises. Water, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptionelectric, then the amount of each daily abatement of Base Rent telephone cable, sewer and natural gas shall only be proportionate available to the nature Premises (with connections to main lines to be provided by Tenant) and extent of shall be separately metered to and controlled by Tenant and shall be billed directly to Tenant by the interruption of Tenant’s normal operations or ability to use the Leased Premisesapplicable public utility.

Utilities. Throughout the term of this Lease Tenant shall make arrangements with appropriate agrees to pay for all water natural gas electricity and other utility services furnished to or service companies for its own service for any utilities and/or services that are to serve consumed by Tenant in the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs due with respect to same, such payments to be made, the Property prior to the extent possibleCommencement Date. Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable to Tenant or any other person or entity for any interruption loss, damage or failure in expense which may be sustained if the supply quality or character of any such utilities or services electric service other utility service furnished to the Leased PremisesPremises is changed, or such service is no longer available or suitable for Tenant's requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of God the making of necessary repairs or Improvements or by any causes beyond Landlord's control. No interruption or failure of utilities shall result Notwithstanding anything to the contrary set forth in the termination of this Lease; providedSection 12, however, Landlord hereby agrees that if (i) there is an interruption or cessation discontinuance of gas, water, sewer or electric utilities shall occurto the Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as described in, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Section 14 hereof) and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for a period of two (2) or more than one (1) full consecutive business day days after Landlord shall have received receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), Tenant, 's minimum annual rent shall abate commxxxxxg at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (iv) as a or has failed to commence to cure such cause or remediate such interruption if it cannot be fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption is the result of such Service Interruptionany misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the conduct provisions hereof. Tenant's rent shall not abate excexx xx the extent of Tenant’s normal operations in Landlord's recovery with regard to the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption under its rental insurance if Tenant continues after such one (1) business day; provided, however, that if to nonetheless use any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of conducting its operations in any portion of business, the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent rent shall abate only be proportionate xx xroportion to the nature part rendered untenantable and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesnot so used.

Utilities. Tenant Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases, for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall make arrangements with appropriate arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, the Seller shall pay such xxxx on or service companies for its own service for any utilities and/or services that are before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to serve the Leased Premises exclusively or directly and that can be billed period prior to Tenant directlythe Closing, and Tenant the Buyer shall promptly pay all costs such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to sameany Property for cable, such payments to be made, to the extent possible, directly to the utility internet or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges phone services for such utilities or services. All internal utilities Property shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to prorated as of the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Leaseapplicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), shall not be prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) an interruption or cessation conduit access from the street to the data communication closets of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), applicable Property and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, phone and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result coaxial wiring in each unit of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate Property back to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisescentral media panel in such unit.

Utilities. Tenant shall make arrangements with appropriate utility or service companies pay directly for its own service for any all utilities and/or and services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, supplied to the extent possiblePremises, directly to including, without limitation, electricity, telephone, security, gas, water, trash removal and cleaning of the utility or service provider or to the appropriate party charged Premises, together with collecting the same, the foregoing to include all charges for such utilities or servicesany taxes thereon. All internal utilities There shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, no abatement of rent and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable in any respect whatsoever for any the inadequacy, stoppage, interruption or discontinuance of any utility or service. Upon Landlord’s request, Tenant shall deliver to Landlord copies of all bills for separately metered utilities supplied to the Premises for the past twelve (12) month period within ten (10) days of Landlord’s request. At Landlord’s option, Landlord may maintain a telephone line or lines in Landlord’s name for a security alarm system and/or fire-life/safety system for the Premises, the cost of which shall be reimbursed by Tenant within ten (10) days of demand or estimated monthly and paid as part of Operating Expenses under Paragraph 3.2. Under no circumstances shall any public safety power shutoff (“PSPS”), planned maintenance outage or other power shutoff by SDG&E or any other utility provider render Landlord liable to Tenant for abatement of Rent. Notwithstanding anything to the contrary contained in this Lease, if the Premises are rendered unusable for the normal conduct of Tenant’s business and Tenant, in fact, ceases to use and occupy such portion of the Premises for the normal conduct of its business as a result of (a) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord under this Lease), or which Landlord failed to perform, after the Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, the Building parking facility or the Premises, or (b) the failure or interruption of any essential utility service that is caused by the active negligence or willful misconduct or Landlord or any Landlord Parties and where restoration of such utility service is within the reasonable control of Landlord (in the supply either case under subparagraph (a) or subparagraph (b) above, an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such utilities notice (the “Eligibility Period”), then the Base Rent and Tenant’s Share of Operating Expenses shall be abated or services reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the Leased total rentable area of the Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if (i) an interruption or cessation Tenant does not conduct its business from such remaining portion, then for such time after expiration of utilities shall occurthe Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, except if the same is due to any act or neglect of Tenant or Base Rent and Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Share of Operating Expenses for the entire Premises shall be abated for such time as Tenant (a “Service Interruption”)continues to be so prevented from using, and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptiondoes not use, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; providedPremises. If, however, that if any part of the Leased Premises is reasonably useable for Tenant’s Tenant reoccupies and conducts normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding during such Service Interruptionperiod, then the amount Rent allocable to such reoccupied portion, based on the proportion that the rentable area of each daily abatement such reoccupied portion of Base Rent shall only be proportionate the Premises bears to the nature and extent total rentable area of the interruption Premises, shall be payable by Tenant from the date Tenant reoccupies and conducts normal business operations in such portion of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Landlord shall provide mains and conduits to supply water, gas, electricity and sanitary sewage to the Property. Tenant shall pay, when due, directly to the appropriate provider, all charges for sewer usage or rental, garbage disposal, trash or refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or energy source separately metered and furnished to the Premises during the Term of this Lease Agreement, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If additional costs are required to separately meter the Premises it will be at Landlord’s sole cost and expense. If any services or utilities furnished to the Premises are jointly metered with other premises, Landlord will make arrangements with appropriate a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within ten (10) business days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service companies for its own service for company furnishing any of the foregoing utilities and/or services that are to serve the Leased Premises exclusively or directly and that can services. The charges thereof shall be billed to Tenant directlydeemed Additional Rent in accordance with Article 3. Landlord shall not be liable for, and Tenant shall promptly pay all costs with respect not be entitled to same, such payments to be made, to the extent possible, directly to the utility any abatement or service provider reduction of Base Rent or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for TenantAdditional Rent by reason of Landlord’s Proportionate Share thereof. Landlord shall be under no obligation failure to furnish any utilities of the foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or services to the Leased Premises and shall not be liable other labor disturbances or labor disputes of any character, or for any interruption or failure in the supply of any such utilities or services other causes not attributable to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any acknowledges that Rent does not include the cost of supplying utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly Premises and agrees to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include pay all charges for such heat, electricity and other utilities (whether they are used for furnishing heat or services. All internal utilities shall be other purposes) that are furnished to the Premises and presently separately metered. All costs , except for external utilities water and sewer; provided, however, that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for all wastewater inspection charges pertaining to Tenant’s Proportionate Share thereofuse of the Building’s wastewater discharge system. Landlord agrees to provide (and shall include such provision in its Operating Costs) all other utility service and to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises, the hallways, stairways, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining electricity, service, or supplies from the sources from which they are usually obtained for the Building, or to any other cause beyond the Landlord’s control. HVAC shall be separately metered and available at all times of the day and night for Tenant’s use. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of the Service Failure and ending on the day the service has been restored and if the Service Failure continues for a period in excess of ninety (90) consecutive business days, Tenant may terminate this Lease upon written notice to Landlord at any time thereafter before Landlord cures such Service Failure. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment. For the avoidance of doubt, except for the express remedies set forth in this paragraph under no circumstances will Landlord be liable to Tenant for any damages, costs, expenses, lost profits, or consequential damages as a result of a Service Failure irrespective of the cause. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date of this Lease. In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be subject to the prior written consent of the Landlord and shall be Tenant’s sole cost and responsibility, including, without limitation, compliance with all applicable legal requirements. Except as otherwise provided in Article 5, it is understood and agreed that Tenant shall make its own arrangements for the installation or provision of all such utilities and that Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant Licensor covenants and agrees to maintain public utilities to furnish any electricity and water utilized in operating any and all of the facilities serving the Premises. Licensor and Licensee shall make arrangements with appropriate utility undertake to determine if separate metering of utilities at the Premises is commercially feasible and, if mutually agreed that one or service companies for its own service for any more utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered, Licensee shall bear the cost to provide for separate metering and pay for all water, gas, heat, light, power, telephone and other such utilities separately metered to the Premises. All costs for external If any utilities that and services are not supplied and separately metered to the Premises, Licensee shall be included in Operating Expenses, and Tenant shall be responsible for Tenantpay Licensee’s Proportionate Share thereof. Landlord shall be under no obligation (as defined pursuant to furnish any Article 5(b)) of all utilities or and services to serving the Leased Premises and shall not be liable for any interruption or failure Property in common with other occupants of the supply of any such utilities or services to the Leased PremisesProperty. No interruption or failure of utilities shall result in the termination of this Lease; providedAgreement or the abatement of rent, howeverexcept as expressly provided below. Notwithstanding anything contained herein to the contrary, in the event that if (i) an such interruption or cessation of utilities shall occur, except if is the same is due to any result of Licensor’s negligent or willful act or neglect omission and such interruption or cessation of Tenant utilities continues beyond three (3) business days from the date of such interruption or Tenantcessation, then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will xxxxx, commencing on the fourth (4th) day of such interruption or cessation, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as hereinabove described will apply to the extent such interruption of utilities is the result of Licensee’s agentsalterations to the Premises or Capital Improvements, employees, contractors or invitees or any person claiming bynegligent act or omission of Licensee, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s its agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part cause other than the negligent or willful act or omission of Licensor or its operations in any portion employees, agents or contractors. In the event that Licensor has advance knowledge of, or otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisescircumstance.

Utilities. Tenant shall make arrangements with appropriate utility or service companies pay for its own service for any all water, gas, heat, light, power, telephone, trash and other utilities and/or and services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, supplied to the extent possiblePremises, directly to the utility or service provider or to the appropriate party charged together with collecting the same, the foregoing to include all charges for such utilities or servicesany taxes. All internal utilities shall be separately metered. All costs for external utilities that If any of those services are not separately metered shall to Tenant, Tenant will pay a reasonable proportion to be included in Operating Expensesdetermined by Landlord of all charges jointly metered with other portions of the Premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following Tenant’s receipt of written notice thereof from Landlord, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. in default and Landlord shall be under no obligation may exercise all remedies available to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure Landlord as provided in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination Article 12 of this Lease. Landlord agrees to pay for all other standard utilities necessary to operate the Premises, as determined by Landlord in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall have no liability, whatsoever, in the event of any interruption, failure or curtailment of any utilities nor shall such interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Landlord, Tenant shall make no change in the conduct of business in the Premises from the manner of the conduct of business in the Premises as of the Effective Date of this Lease, or install additional equipment not located on the Premises as of the Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as determined by Landlord in Landlord’s sole and absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the Premises as Tenant desires; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof not be liable to Tenant in the event of any failure of or damage to such power devices or for any damage or consequences resulting from Tenant, and (iv) as a result or in any way related to the use of such Service Interruptionpower devices in the Premises. Tenant shall assume all costs associated with installing and using such UPS power devices, including, but not limited to, the conduct costs of Tenant’s normal operations any increase in costs to utilities serving the Leased Premises are materially resulting from the use and adversely affected, then there shall be an abatement operation of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdevices.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party proper authorities charged with collecting the same, the foregoing to include collection thereof all charges for water, sewer, gas, electricity, telephone and other utilities or services used or consumed on the Premises, whether designated as a charge, tax, assessment fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereoffrom time to time, within ten (10) days of receipt of Landlord's reasonably documented invoice therefor, pay to Landlord such charges. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that such failure or interruption does not arise out of any willful act of Landlord or any of Landlord's employees, servants, licensees, invitees, contractors, affiliates, agents, or consultants (together, the "Landlord's Parties"). Notwithstanding the foregoing, Tenant shall have the right to terminate this Lease upon notice to Landlord if (i) an any interruption or cessation failure in the supply of any utilities to the Premises shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues continue for more than one hundred eighty (1180) full business day after consecutive days. If Landlord receives any proceeds from a loss of rents insurance policy due to the interruption or failure to provide utilities to the Premises, Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, xxxxx the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Annual Fixed Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption insurance proceeds received by Landlord. In addition, Landlord shall use its best efforts to restore any interrupted utility service affecting Tenant's use of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements pay for all separately metered water, gas, heat, light, telephone, telecommunication, sewer and sprinkler charges and for other utilities and services used on or from the Premises, together with appropriate utility any taxes, penalties, surcharges or service companies the like pertaining thereto and any maintenance charges for its own service for utilities, and shall furnish all electric light bulbs and tubes. If any utilities and/or services that are to serve serving the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesmetered, and Tenant shall be responsible for Tenant’s Proportionate Share thereofpay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall be under in no obligation to furnish any utilities or services to the Leased Premises and shall not event be liable for any interruption damages directly or failure in indirectly resulting from or arising out of the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities utility services on the Premises. Tenant shall have no right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Notwithstanding the foregoing, if any Essential Service (as hereinafter defined) which Landlord is required to provide to the Premises pursuant to the terms of this Section is interrupted due to the negligence or willful misconduct of Landlord (a "Service Interruption") and such Service Interruption causes all or a material portion of the Premises to be untenantable (the "Affected Space") for a period of five (5) or more consecutive business days after written notice thereof from Tenant to Landlord (the "Interruption Notice"), then, provided that Tenant shall have ceased operating in the termination Affected Space, the Rent (including, without limitation, Base Rent and Additional Rent) shall xxxxx in the proportion that the rentable square footage of this Lease; providedthe Affected Space in which Tenant shall have ceased to operate its business bears to the rentable square footage of the Premises, howeverwhich abatement shall commence on the sixth (6th) business day following Landlord's receipt of the Interruption Notice and expire on the earlier of Tenant's recommencement of business operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, that if (i) an interruption in no event shall Tenant be entitled to abatement or cessation of utilities shall occur, except any other remedy if the same interruption of any Essential Service is due to any act caused in whole or neglect in part by the negligence of Tenant or Tenant’s , its agents, employees, contractors contractors, licensees or invitees or any person claiming byinvitees. Tenant agrees that, through or under Tenant (except as expressly set forth herein, the rental abatement described herein shall be Tenant's sole remedy in the event of a “Service Interruption”), and (ii) such Service Interruption occurs and Tenant hereby waives any other rights against Landlord, at law or continues as a result of in equity, in connection therewith, including, without limitation, any right to terminate this Lease, to claim an actual or constructive eviction, or to bring an action for money damages. Notwithstanding the negligence or wrongful conduct of foregoing, in the Landlord or Landlord’s agents, employees or contractors, and (iii) such event that the Service Interruption continues for more than one a period of ninety (190) full business day days after Landlord Landlord's receipt of the Interruption Notice and provided that Tenant shall have received ceased operating in the Affected Space, Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice thereof from Tenant, and to Landlord given within thirty (iv30) as a result days after the expiration of such ninety (90) day period (but in any event prior to the date that the Service InterruptionInterruption is remedied). For purposes of this Section, an "Essential Service" shall mean the conduct of service provided by the HVAC systems, plumbing and waste disposal systems and electrical systems (to the extent supplied by Landlord). Nothing contained herein shall limit Tenant’s normal operations 's right to abatement in the Leased Premises are materially case of a fire or other casualty or condemnation as provided in the "Fire and adversely affected, then there shall be an abatement Casualty Damage" or "Condemnation" Sections of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesthis Lease. 11.

Utilities. During the Lease Term, Landlord shall provide and maintain necessary mains, ducts, conduits, cables and lines in order to bring heating and air conditioning, water, electricity and sewer to the Premises. The installation of telephone service and of all means of distribution of other utilities within the Premises, shall be performed at Tenant's expense. If any utility service is separately metered, Tenant shall make arrangements pay the utility company directly for the cost of such service to the Premises, including minimum service charges, whether or not the Premises are in use by Tenant at the time of the furnishing of such service. If any utility service is metered in common with appropriate other tenants, Landlord shall pay directly for the cost of the utility or service companies services, Tenant shall reimburse Landlord for its own service for any utilities and/or pro rata share of such costs (based on the rentable area of the Premises and the rentable area of the other showrooms using the common utility services that are to serve during the Leased Premises exclusively or directly and that can be billed to Tenant directlyperiod being invoiced), and as Additional Rent, within twenty (20) days after written demand therefor by Landlord, accompanied by appropriate invoices from the utility company. Tenant shall promptly pay comply with all costs with respect to same, such payments to be made, to instructions received from Landlord concerning the extent possible, directly to use of the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereofsystems. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable to Tenant for any damages resulting from interruption or failure in termination of utility service by reason of necessary repairs or improvements or for any cause beyond the supply reasonable control of Landlord; nor shall any such utilities or services to the Leased Premises. No interruption or failure termination relieve Tenant from the performance of utilities shall result in the termination of its obligations under this Lease; providedLease Agreement. Landlord agrees, however, that if (i) an interruption Tenant suffers any loss or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues damage as a result of the negligence or wrongful conduct a loss of the utilities, Landlord or Landlord’s agents, employees or contractors, will make reasonable efforts to assign and transfer to Tenant (iii) such Service Interruption continues for more than one at Tenant's expense): (1) full business day after any right or claim which Landlord shall have received notice thereof from Tenant, has against a third party for such loss or damage; and (iv2) as a result any insurance proceeds received by Landlord on account of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptionrelated loss or damage, then the amount of each daily abatement of Base Rent shall but only be proportionate to the nature extent that such claim(s) or insurance proceeds remain after and extent exceed full payment of the interruption of Tenant’s normal operations any loss or ability to use the Leased Premisesdamage suffered by Landlord.

Utilities. Tenant shall make arrangements pay for all water, gas, electricity, heat, telephone, sewer, sprinkler charges and other utilities and services used at the Premises, together with appropriate utility or service companies for its own service for any utilities and/or services that all taxes, penalties, surcharges, and maintenance charges pertaining thereto pursuant to the terms and conditions of this Lease. Water, gas and electricity servicing the Premises are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, separately metered and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the for same. Except as otherwise expressly set forth herein, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure of utility service to the Premises, and in no event shall the unavailability of such services or any other services (or any diminution in the supply quality thereof) render Landlord liable to Tenant or any entity claiming through Tenant for any damages caused thereby, constitute a constructive eviction of Tenant, constitute a breach of any such utilities implied warranty by Landlord, or services entitle Tenant to any abatement of Tenant’s obligations hereunder. If Tenant is prevented from using, and does not use, the Premises because of the unavailability of utility service to the Leased Premises for a period of 10 consecutive business days or 15 non-consecutive days in any 12 month period following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the cure of which is within Landlord’s reasonable control, and such unavailability was not caused by a Tenant Party, a governmental directive or cause beyond Landlord’s control, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 10 business day period or 15 non-consecutive day period, as applicable) that Tenant is so prevented from using, and does not use, the Premises. No interruption Any amounts payable by Tenant under this Section shall be due within 10 days after Landlord has invoiced Tenant therefor. Tenant shall not install any electrical equipment requiring special wiring or failure requiring voltage in excess of utilities 110 volts unless approved in advance by Landlord, which approval shall result not be unreasonably withheld, conditioned or delayed. Tenant shall not install any electrical equipment requiring voltage in excess of Building capacity unless approved in advance by Landlord, which approval will not be unreasonably withheld if Tenant increases the termination Building capacity in compliance with all Laws and the terms of this Lease; provided. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s electrical requirements shall, howeverupon Tenant’s written request, that if (i) an interruption or cessation of utilities shall occurbe installed by Landlord, except if at Tenant’s cost, if, in Landlord’s judgment, the same is due are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, or interfere with or disturb any act other tenants of the Building. If Tenant uses machines or neglect of Tenant equipment in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant’s agentsotherwise overload any utility, employees, contractors Landlord may install supplemental air conditioning units or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)other supplemental equipment in the Premises, and (ii) such Service Interruption occurs or continues as a result the cost thereof, including the cost of the negligence or wrongful conduct of the Landlord or Landlord’s agentsinstallation, employees or contractorsoperation, use, and (iii) such Service Interruption continues for more than one (1) full business day maintenance, shall be paid by Tenant to Landlord within 30 days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be has delivered to Tenant an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesinvoice therefor.

Utilities. Tenant shall make arrangements contract directly with appropriate public utility or service companies providers for its own service for any all utilities and/or services that which are separately metered to serve the Leased Premises exclusively or and shall pay such utility providers directly and that can promptly when due. If any utility, including electricity, is not separately metered to the Premises, the cost of such utility consumed on the Premises, as reasonably determined by Landlord, shall be billed paid by Tenant as Additional Rent. Tenant's obligation to Tenant directly, and pay for utilities provided to the Premises during the Term shall survive the expiration or earlier termination of the Lease. Tenant shall promptly pay all costs with respect to same, such payments to be made, not utilize an alternative provider for a utility service other than the public utility provider servicing the Property unless Tenant shall first obtain the written consent of Landlord. Except to the extent possibleattributable to any gross negligence or willful misconduct of Landlord or its agents, directly Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interruption, or defect in the supply or character of the electric energy furnished to the Premises or Building. To ensure the proper functioning and protection of all utilities, Tenant agrees to abide by all reasonable regulations and requirements which Landlord may prescribe and to allow Landlord and its utility or service provider or providers access to the appropriate party charged with collecting the sameall electric lines, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesfeeders, risers, wiring, and Tenant shall be responsible for Tenant’s Proportionate Share thereofany other machinery within the Premises. Landlord shall be under no obligation to furnish any utilities or services to Notwithstanding the Leased Premises and shall not be liable for foregoing, if any interruption or failure in the supply discontinuance of any such utilities or services service to be provided to the Leased Premises. No interruption or failure Premises by Landlord pursuant to the terms of utilities shall result in the termination of this Lease; provided, however, that if : (i) an interruption renders the entire Premises or cessation of utilities shall occura material portion thereof unusable for the Permitted Use, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result for more than five (5) consecutive business days without being cured by Landlord following Landlord's receipt of written notice from Tenant advising Landlord of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractorssame, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenantis attributable to the willful neglect or negligence of Landlord, and (iv) as a result of such Service Interruptionthen, provided that Tenant does not use the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any affected portion of the Leased Premises notwithstanding for the entire period of interruption, as Tenant's sole and exclusive remedy in connection with such Service Interruptioninterruption or discontinuance, then Tenant shall be entitled to an equitable abatement of Base Rent, Operating Expenses Excess, and Tax Excess based on the relationship of the rentable area of the affected ·portion to the total rentable area of the Premises, which abatement shall commence on the sixth (6th) business day of the interruption and shall continue until Landlord has restored service; provided that the amount of each daily any such abatement shall be reduced by the amount of Base Rent shall only be proportionate to the nature and extent of the any proceeds Tenant receives from its business interruption of Tenant’s normal operations or ability to use the Leased Premisesinsurance policy in connection with such interruption.

Utilities. Tenant shall make arrangements with appropriate utility The parties acknowledge that as of the Commencement Date, the utilities serving all or service companies for its own service for any utilities and/or services that are to serve a portion of the Leased Premises exclusively or directly and that can be billed to Tenant directlysome of the improvements located thereon, being electricity, water, and Tenant septic system (the “Utilities”) are interconnected to Landlord’s utility infrastructure at the Refinery. The provisions of this Article 5 shall promptly pay all costs with respect to same, such payments to be made, subject to the extent possibleterms of that certain Amended and Restated Operational Services Agreement dated as of the date hereof by and among Tesoro Corporation, directly Tesoro Companies, Inc., Landlord, Tesoro Alaska Company, Tesoro Logistics GP, LLC, Tesoro Logistics LP and Tenant, as amended, restated, modified or supplemented from time to time (the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service InterruptionOperational Services Agreement”), and for so long as the Operational Services Agreement is in effect between the parties, the provisions of that agreement shall control in the event that its terms and the terms of this Article 5 are inconsistent with one another. In the event that the Operational Services Agreement is no longer in effect, the terms of this Article 5 shall control. The parties agree that the Premises shall be separately metered for electricity as soon as reasonably practicable following the Commencement Date hereof. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay all charges for electricity serving the Premises directly to the Utility provider. Until such time as electricity is separately metered to the Premises, electricity to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other Utilities are provided to Tenant. With regard to electricity until it is separately metered and with regard to all other Utilities, Tenant shall pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing only water and petroleum products may be discharged therein, (ii) such Service Interruption occurs or continues as a result of only wastewaters generated from Tenant’s operations on the negligence or wrongful conduct of the Landlord or Landlord’s agentsPremises may be discharged therein, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord Tenant shall have received notice comply with all applicable laws, rules and regulations regarding the use thereof from Tenantand the discharge of substances therein, and (iv) as a result the daily volume of such Service Interruption, oily water discharged therein may not materially exceed the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part volume of the Leased typical daily discharge therein resulting from Landlord’s operation of the Refinery prior to the Commencement Date. Landlord shall have no obligation to provide telephone service to the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part other utility service of its operations any kind except as set forth in this paragraph. Landlord shall in no event be liable or responsible for any portion of the Leased Premises notwithstanding such Service Interruptioncessation or interruption in, then the amount of each daily abatement of Base Rent shall only be proportionate or damage caused by, any utility services provided to the nature and extent of Premises, whether by Landlord or otherwise, unless the cessation or interruption of Tenantresults from Landlord’s normal operations intentional misconduct or ability to use the Leased Premisesgross negligence.

Utilities. Tenant shall make arrangements pay the utility provider directly for all separately metered or contracted utilities serving the Premises, along with appropriate any taxes, penalties, or surcharges related thereto. Water and sewer services are included in the Monthly FOE, and Tenant agrees to use commercially reasonable efforts to limit use of water and sewer to amounts consistent with normal restroom, break room, and office use, subject to its compliance with Legal Requirements. Notwithstanding the foregoing, provided that such utilities are priced at, or below, local utility or service companies for its own service for any utilities and/or provider rates, Landlord may elect to deliver gas and electric utility services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to sameor through an intermediary, such payments to be made, to the extent possible, directly to including Landlord holding the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesaccounts, and Tenant shall be responsible reimburse Landlord for Tenant’s Proportionate Share thereofconsumption no later than thirty (30) days from receipt of demand. In the event Tenant’s use of water and sewer services materially exceeds the foregoing, Landlord may separately meter the water and sewer services, at Tenant’s expense, and may require Tenant to pay the service provider directly. Landlord shall be under have no obligation liability to furnish Tenant with respect to any utilities interruptions or services failures of utilities. Notwithstanding anything contained herein to the Leased Premises and shall not be liable for any interruption or failure contrary, in the supply of any event that such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any results from Landlord’s negligent or willful act or neglect omission, and continues beyond five (5) consecutive business days from the date of such interruption or cessation, then, provided Tenant or has delivered Landlord with prompt notice of such interruption, the rent under this Lease will xxxxx, commencing on the sixth (6th) consecutive business day the Premises remain untenantable, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as hereinabove described will apply in the event such interruption of utilities is the result of Tenant’s agents's alterations to the Premises, employees, contractors or invitees or any person claiming bynegligent act or omission of Tenant, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s its agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part cause other than the negligent or willful act or omission of Landlord or its operations in any portion of the Leased Premises notwithstanding such Service Interruptionemployees, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations agents or ability to use the Leased Premisescontractors.

Utilities. (a) Tenant shall make arrangements with appropriate utility or service companies pay for its own service water, sewer, gas, electricity, heat, power, telephone and other communication services and any other utilities supplied to the Premises. Except for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered (for which Landlord shall be included invoice Tenant for the cost or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and timely pay all charges directly to the provider. In the event that any meter serving the Premises is not functioning properly or during the period that such meter is being repaired, Tenant shall be responsible for its pro rata share of utility usage based upon Landlord’s reasonable estimate. Notwithstanding anything to the contrary in this Lease, in the event that an interruption in utilities or services that Landlord is required to provide ("Interruption") is directly caused by the sole negligence or willful misconduct of Landlord or its Agents, such that it renders the whole or any material portion of the Premises untenantable for the purposes intended hereunder and Tenant actually vacates such untenantable portion then after a period of five (5) consecutive business days after receipt by Landlord of written notice of such untenantability from Tenant, the Monthly Rent shall xxxxx (as to the proportion that the square footage of the Premises actually vacated by Xxxxxx as a result of an Interruption bears to the total square footage of the Premises) starting on the sixth (6th) business day until the earlier to occur of the date that Tenant re-enters the Premises or the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or in part by Tenant or Tenant’s Proportionate Share thereofAgents. Xxxxxx agrees that the rental abatement described in this Section shall be Xxxxxx’s sole remedy in the event of an Interruption. Notwithstanding anything to the contrary, Tenant shall waive and release Landlord from and against, all claims of rental abatement as provided above to the extent covered by Xxxxxx’s business interruption insurance. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or failure in validity of this Lease. Landlord shall have the supply of any exclusive right to select, and to change, the companies providing such utilities or services to the Leased 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 Building or Premises. No interruption Any wiring, cabling or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due other equipment necessary to any act or neglect of Tenant or connect Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)telecommunications equipment shall be Tenant’s responsibility, and (ii) such Service Interruption occurs shall be installed in a manner reasonably approved by Landlord. In the event Tenant’s consumption of any utility or continues as a result other service included in Operating Expenses is excessive when compared with other occupants of the negligence or wrongful conduct of the Property, Landlord or Landlord’s agents, employees or contractorsmay invoice Tenant separately for, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord Tenant shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptionpay on demand, the conduct cost of Tenant’s normal operations in the Leased Premises are materially and adversely affectedexcessive consumption, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is as reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdetermined by Landlord.

Utilities. Tenant acknowledges that Rent does not include the cost of supplying utilities to the Premises and agrees to pay all charges for heat, electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises and presently separately metered, except for water and sewer. Landlord agrees to provide (and shall include such provision in its Operating Costs) all other utility service and to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises, the hallways, stairways, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining electricity, service, or supplies from the sources from which they are usually obtained for the Building, or to any other cause beyond the Landlord's control. Landlord's failure to furnish, or any interruption or termination of, services due to the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of the Service Failure and ending on the day the service has been restored and if the Service Failure continues for a period in excess of ninety (90) consecutive business days, Tenant may terminate this Lease upon written notice to Landlord at any time thereafter before Landlord cures such Service Failure. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's property, arising out of or in connection with the failure of any security services, personnel or equipment. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date of this Lease. In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be subject to the prior written consent of the Landlord and shall be Tenant's sole cost and responsibility. Except as otherwise provided in Article 5, it is understood and agreed that Tenant shall make arrangements with appropriate utility or service companies for its own service arrangements for any the installation or provision of all such utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies We ll pay for its own service the following utilities: You ll pay for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directlyall other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. Any utility including the water xxxx that is owed to the landlord is considered additional rent and therefore collectible in rent court. Water Payments are due within 30 days of receipt of the xxxx by the tenant. Failure to pay water invoices will result in a onetime late fee of 5% of the xxxx amount. Payments will always be applied to the oldest outstanding balance first. In the event certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon execution of this Lease, shall promptly contract with the appropriate public utility and pay all costs with respect to same, such payments to be made, charges assessed or imposed during the term hereof for all utilities supplies to the extent possible, directly to the utility Premises whether occupied or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or servicesvacant. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord for utility service xxxxxxxx incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for Tenant’s Proportionate Share thereofany liability due to disconnection or discontinuance of any such utility service. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and Landlord/Agent shall not be liable for any failure, interruption or failure stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in the supply of any such utilities or services to the Leased Premisesconnection therewith. No interruption or failure of utilities It shall result in the termination be a material breach of this Lease; providedLease and the Tenant’s tenancy if any utility service, howevercontracted for by Tenant, that if (i) an interruption or cessation of utilities shall occursuch as water, except if the same is sewer, gas and/or electric services, are discontinued due to any some act or neglect of omission by the Tenant. Tenant or Tenant’s agentsfurther agrees that when the outside temperature falls below 40 degrees Fahrenheit, employees, contractors or invitees or any person claiming by, through or under Tenant (shall maintain a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of temperature within the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations Premises not below 55 degrees Fahrenheit in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate order to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.avoid

Utilities. Landlord agrees to provide to the Premises running water, sanitary sewer, gas and electricity service and telephone service conduits and pull boxes from the boundary of the Property. Tenant shall make arrangements pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or at the Premises, together with appropriate utility any taxes, penalties, surcharges or service companies for its own service for any the like pertaining to such services and utilities and/or services that are to serve used in connection with the Leased Premises exclusively or directly and that can be billed to Tenant directlyPremises, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all any maintenance charges for such utilities or servicesutilities. All internal utilities Such services shall be separately meteredmetered as provided in the Work Letter. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services Except as hereinafter expressly provided to the Leased Premises and contrary, Landlord shall not be liable for any interruption or failure in of utility service on the supply Premises and Tenant shall have no rights or claims as a result of any such failure. However, notwithstanding the foregoing, if Tenant is prevented from carrying on its normal business operations within the Premises as a direct result of an interruption of any of the utilities or services serving the Premises that is caused by either (i) damage to the Leased Premises. No interruption or failure of utilities utility systems, pipes or transmission lines that are controlled by Landlord and situated within the Project, but outside of the Premises, or (ii) damage to utility systems, pipes or transmission lines that are situated within the Project which is caused by the negligence of Landlord or Landlord's employees or agents, then if such interruption continues for ten (10) consecutive days after written notice of the same to Landlord, Tenant's obligation for Base Rental shall result in be abated after such ten day period until the termination cessation of this Lease; such interruption (provided, however, that if (i) an such interruption or cessation of utilities affects less than the entirety of the Premises, then Tenant's obligation for Base Rental shall occurbe abated only by an amount equal to the product of (A) a fraction, except if the same numerator of which is due the Rentable Area of the portion of the Premises in which Tenant is unable to any act or neglect carry on its normal business operations and the denominator of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)which is the Rentable Area of the Premises, and (iiB) the then applicable Base Rental). If such Service Interruption occurs or interruption continues as a result for thirty (30) consecutive days after written notice of the negligence or wrongful conduct of same to Landlord, then Tenant may terminate this Lease upon written notice to Landlord at any time before the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result cessation of such Service Interruption, interruption. To the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesany conflict between this paragraph 8 and paragraph 10, paragraph 10 shall control.

Utilities. Tenant shall make arrangements pay for all water, gas, electricity, heat, telephone, sewer, sprinkler charges and other utilities and services used at the Premises, together with appropriate any taxes, penalties, surcharges, connection charges, maintenance charges, and the like pertaining to Tenant's use of the Premises. To the extent any utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively is submetered, the meter shall be read by Landlord or directly and that can be billed to Tenant directlyLandlord's designee, and Tenant shall promptly pay to Landlord, within 30 days after receipt of an invoice therefor, the cost of such service based on rates charged for such service by the utility company furnishing such service, including all costs with respect to samefuel adjustment charges, such payments to be made, to demand charges and taxes. To the extent possible, directly to the that any particular utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are is not separately metered shall be included in Operating Expensesor submetered as provided above (e.g., water or sewer charges), Landlord shall, using its good-faith, reasonable judgment, allocate the expenses for such utility among the existing tenants of the Premises based upon density, usage, and Tenant other factors in Landlord's reasonable judgment. Tenant, at its expense, shall be responsible obtain all utility services for Tenant’s Proportionate Share thereofthe Premises (other than a utility that is submetered or otherwise provided to the Premises by Landlord), including making all applications therefor, obtaining meters and other related equipment, and paying all deposits and connection charges. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services utility service to the Leased Premises. No , and such interruption or failure of utilities utility service shall result not be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the termination next sentence, entitle Tenant to any abatement of this Lease; providedTenant's obligations hereunder. If, however, that if (i) an interruption or cessation of utilities shall occur, except if Tenant is prevented from using the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues Premises for more than one (1) full 5 consecutive business day after days because of the unavailability of any such service and such unavailability was caused by Landlord shall have received notice thereof from Tenant, and (iv) as a result restoration of such Service Interruption, service is within the conduct reasonable control of Tenant’s normal operations in the Leased Premises are materially and adversely affectedLandlord, then there shall Tenant shall, as its exclusive remedy be an entitled to a reasonable abatement of one day’s Rent for each consecutive day during which such Service Interruption continues (after such one (15-day period) business day; provided, however, that if any part Tenant is so prevented from using the Premises. Rent shall not xxxxx by reason of the Leased Premises interruption, insufficiency, unavailability or discontinuance of such service if such unavailability or discontinuance was not caused by Landlord and restoration of such service is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part not within the reasonable control of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesLandlord.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service arrangements for any the installation and provision of all utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to samethe Premises, such payments including, without limitation, electricity (including electricity to be made, to operate the extent possible, directly to heating ventilation and air-conditioning (“HVAC”) equipment serving the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating ExpensesPremises), and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to install any utility system in addition to those existing as of the Date of this Lease or to furnish any utilities or services to the Leased Premises. All utilities furnished to the Premises shall be separately metered, and the cost of installing, maintaining and repairing each separate metering device shall be borne by Tenant. Tenant shall contract directly for each utility service furnished to the Premises and shall not be liable pay all charges for any interruption or failure in the supply of any such said utilities or services to the Leased Premiseswhen due. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or If Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations electricity consumption is not separately metered in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding during all or any portion of the term, Tenant shall reimburse Landlord for the costs incurred by Landlord (including any associated fees and expenses) in supplying electricity to those portions of the Premises which are not separately metered, within thirty (30) days of Landlord’s written invoice therefor. Except as otherwise expressly set forth herein, Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of electricity, water or any other utility, or if the quantity or character of any utility is no longer available from the utility company or suitable for Tenant’s requirements, and no such Service Interruptionchange, then failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent or relieve Tenant from any of its obligations under this Lease. Tenant acknowledges that Annual Fixed Rent does not include the amount cost of each daily abatement of Base Rent shall only be proportionate providing such utilities and services to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Commencing on the earlier of the Commencement Date or the date Landlord delivers possession of the Premises to Tenant, Tenant shall make arrangements with appropriate also pay when due, without demand, offset or deduction, as additional rent during the Lease Term, all charges for utilities furnished to or for the use or benefit of Tenant or the Premises. Consumption charges for all utilities for the Premises that have been separately metered by Landlord or the utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can provider shall be billed to paid by Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all when due. Consumption charges for such any utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered to a particular tenant in the Building shall be included within the definition of Operating Expenses and recoverable by Landlord as provided in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this LeaseSection 7 above; provided, however, that if (i) an interruption if Tenant and one or cessation more (but less than all) other tenants of utilities the Project share a utility meter, then Tenant shall occur, except if the same is due to any act or neglect pay Landlord monthly one-twelfth (1/12) of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)annual estimated pro-rata share of consumption charges for such shared utility service as equitably determined by Landlord, and (ii) such Service Interruption occurs or continues to the extent Tenant uses a disproportionate amount of water and sewer service as a result of the negligence or wrongful conduct of the Landlord or reasonably determined by Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof the right to submeter Tenant’s usage of water and sewer service and collect from TenantTenant monthly, in advance, one-twelfth (1/12th) of the annual estimated consumption charges for such services, which amounts shall be reconciled annually together with Landlord’s reconciliation of Operating Expenses. Except to the extent of Landlord’s negligence (unless waived pursuant to Section 15.C. herein), Landlord shall not be liable for damages or otherwise, and (iv) as a result Tenant shall have no right of such Service Interruptiondemand, offset, abatement or deduction, if any utility provider’s service to the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the conduct making of Tenant’s normal operations necessary repairs or improvements, or any other causes beyond the reasonable control of Landlord. If any public authorities require a reduction in energy consumption in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part use or operation of the Leased Premises is reasonably useable for Tenant’s normal business operations Building or if Project, Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding agrees to conform to such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesrequirements.

Utilities. Tenant Landlord shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or supply all ordinary and necessary water, gas, electrical, and sewage services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities services at the same rates charged by the local public utility companies providing such utility, or servicesat such discounted rate as may be available to Tenant or Landlord within thirty (30) days of Tenant's receipt of a bill for the same. In addition, such services that have not been separately metered (water and sewer) may be separately metered by Landlord and Xxxxxx agrees to pay for such services in accordance with such metering as set forth above. Should Landlord decide to separately meter the Premises, the installation, maintenance and/or repair of such meters shall be Landlord's sole responsibility and at Landlord's sole cost and expense. Tenant may avail itself of other campus services at established third-party rates. The parties acknowledge that Tenant is eligible for discounts on such services as set forth under the Excelsior contract with New York State. All internal utilities shall activities of the Tenant involving the facilities and services of SBU will be separately meteredconsistent with applicable policies and guidelines of SBU. All costs for external utilities that are not separately metered shall be included Except as otherwise expressly provided in Operating Expensesthis Lease, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable to Tenant for any interruption loss or damage or expense which Tenant may sustain or incur by reason of any failure, inadequacy or defect in the character, quantity, quality or supply of electric current furnished to the Premises for any cause beyond Landlord's reasonable control. No diminution or abatement of Rent, Additional Rent, or other compensation shall be or will be claimed by Tenant, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of such interruptions, stoppages or curtailments, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial eviction from the Premises, unless such interruptions, stoppages or curtailments have been due to the arbitrary, willful or negligent act, or failure in the supply to act, of any such utilities or services to the Leased PremisesLandlord. No interruption or failure of utilities shall result in the termination of this Lease; providedLONG ISLAND HIGH TECHNOLOGY INCUBATOR, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.INC. LIHTI1

Utilities. (a) Tenant shall make arrangements with appropriate utility or service companies pay for its own service water, sewer, gas, electricity, heat, power, telephone and other communication services and any other utilities supplied to the Premises. Except for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered (for which Landlord shall be included invoice Tenant for the cost or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and timely pay all charges directly to the provider. In the event that any meter serving the Premises is not functioning properly or during the period that such meter is being repaired, Tenant shall be responsible for Tenant’s Proportionate Share thereofits pro rata share of utility usage based upon Landlord's reasonable estimate. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or failure validity of this Lease. Notwithstanding anything to the contrary in this Lease, in the supply of any such event that an interruption in utilities or services that Landlord is required to provide ("Interruption") is directly caused by the sole negligence or willful misconduct of Landlord or its Agents, such that it renders the whole or any material portion of the Premises untenantable for the purposes intended hereunder and Tenant is unable to utilize such untenantable portion then after a period of five (5) consecutive business days after receipt by Landlord of written notice of such untenantability from Tenant, the Monthly Rent shall axxxx (as to the Leased Premises. No interruption or failure proportion that the square footage of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Premises actually untenantable by Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of an Interruption bears to the negligence or wrongful conduct total square footage of the Landlord or Landlord’s agents, employees or contractors, and Premises) starting on the sixth (iii6th) such Service Interruption continues for more than one (1) full business day after until the earlier to occur of the date that Tenant re-enters the Premises or the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or in part by Tenant or Tenant's Agents. Tenant agrees that the rental abatement described in this Section shall be Tenant's sole remedy in the event of an Interruption. Notwithstanding anything to the contrary, Tenant shall waive and release Landlord from and against, all claims of rental abatement as provided above to the extent covered by Tenant's business interruption insurance. Landlord shall have received notice thereof from Tenantthe exclusive right to select, and (iv) as a result of such Service Interruptionto change, the conduct companies providing such services to the Building or Premises. Any wiring, cabling or other equipment necessary to connect Tenant's telecommunications equipment shall be Tenant's responsibility, and shall be installed in a manner approved by Landlord. In the event Tenant's consumption of any utility or other service included in Operating Expenses is excessive when compared with other occupants of the Property, Landlord may invoice Tenant separately for, and Tenant shall pay on demand, the cost of Tenant’s normal operations in the Leased Premises are materially and adversely affected's excessive consumption, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is as reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdetermined by Landlord.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for obtain in its own service for any name and pay directly to the appropriate supplier the cost of all utilities and/or and services that are to serve serving the Leased Premises exclusively Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly and that can be billed to Tenant directly, by the utilities or services providers) and Tenant shall promptly pay all costs with respect such share to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for TenantLandlord within fifteen (15) days after receipt of Landlord’s Proportionate Share thereofwritten statement. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure in the supply of or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder, provided that, (a) if any such utilities or services to are interrupted, discontinued or diminished as a result of the Leased Premises. No interruption negligence or failure intentional misconduct of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption Landlord or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s its agents, employees, contractors or invitees or any person claiming by, through or under Tenant such that the Leased Premises are untenantable (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of meaning that Tenant’s normal operations business in the Leased Premises are materially and for the Permitted Use has been adversely affectedaffected thereby) for more than five (5) consecutive business days, then there Tenant shall be an abatement notify Landlord in writing that Tenant intends to xxxxx rent, and (b) if such utilities or services have not been restored within five (5) days of one dayLandlord’s receipt of Tenant’s notice, without extension for force majeure and without regard to Section 13.03 below, then Base Rent and Additional Rent shall xxxxx proportionately on a per diem basis for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises was so untenantable and, if such interruption, diminution, delay or discontinuance of such utilities or services is reasonably useable material and continues beyond thirty (30) days, without extension for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate force majeure and without regard to the nature provisions of Section 13.03 below, Tenant shall be entitled to terminate this Lease at any time thereafter upon notice to Landlord. Landlord agrees to cooperate reasonably with Tenant to restore any such interrupted, diminished or discontinued service as soon as reasonably practicable. Tenant shall obtain in its own name and extent pay directly to the appropriate supplier the cost of the interruption of Tenant’s normal operations or ability to use all janitorial/cleaning services for the Leased Premises.

Utilities. Landlord and Tenant each hereby agree that, inasmuch as Tenant will ultimately occupy 100% of the Building and the Leased Premises, Tenant shall make arrangements with appropriate utility or service companies be responsible, at its sole cost and expense and as Additional Rent, for its own service for any payment of all utilities and/or services that are to serve used and consumed by the Building, the Leased Premises exclusively or directly and that can be billed the Property, including but not limited to Tenant directlygas, propane, electricity, water and sewer. Tenant shall promptly pay the costs for all costs with respect to same, such payments to be made, to the extent possible, utilities directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensescompanies, and Tenant agrees to contract with utilities providers directly and to bear sole responsibility for the payment of such utilities xxxxxxxx in its own name. Landlord hereby represents and warrants that the Building and the Property are separately metered for all such utilities, thereby enabling Tenant to pay directly for all such utilities consumed by the Building, the Leased Premises and the Property. In addition to the foregoing, following the Hexokee Transaction, Tenant shall be responsible for obligated to pay Tenant’s Proportionate 's Pro-Rata Project Common Area Share thereofof utilities provided to the Common Area portions of the Project as described above. Tenant shall, at all time during the Lease Term, keep all such meters and installation equipment servicing the Building in good working order and repair at Tenant's sole cost and expense. Landlord does not warrant or guarantee the continued availability of any or all of the utility services necessary or desirable for the use of the Leased Premises by Tenant. In no event shall the interruption, diminution or cessation of such availability be construed as an actual or constructive eviction of Tenant, nor shall Tenant be entitled to any abatement of its rent obligations under no obligation this Lease on account thereof, except to furnish any utilities the extent the same results from Landlord's negligence, willful misconduct or breach of its obligations under this Lease. Notwithstanding the foregoing, Landlord and Tenant have each agreed that, in the event there is a loss of utility services to the Leased Premises and shall not be liable which continues for any interruption or failure an uninterrupted period of one hundred twenty (120) days, which loss of utility services precludes Tenant from operating its business in the supply Leased Premises in the manner contemplated by this Lease, and without regard to force majeure or fault on the part of Landlord, then Tenant shall have the right to terminate this Lease upon written notice to Landlord given within ten (10) business days following the expiration of such one hundred twenty (120) day period. In the event that a deposit is required by a public or quasi-public organization in order to furnish or agree to furnish any such utilities or services service to the Leased Premises, Tenant agrees and covenants to pay such charge or deposit. No interruption Any money so paid shall not entitle Tenant to an offset or failure reduction of its rent liability under this Lease, nor shall Landlord be obligated to return, repay or credit Tenant for any money so paid, except to the extent Landlord receives a return, repayment or credit from the public or quasi-public organization collecting such deposit. Landlord reserves the right to stop the service of any or all of the utilities herein above described upon reasonable written notice to Tenant when, in Landlord's sole discretion, such stoppage is necessitated by reason of accident, repairs, inspections, alterations or improvements, until any of the same have been completed. In such event, Landlord shall result in the termination not be deemed guilty of a breach of this Lease; provided, howevernor shall Tenant be entitled to any abatement of its rent obligations under this Lease on account thereof. Notwithstanding the foregoing, that if (i) an interruption or cessation of utilities shall occurLandlord hereby agrees to provide the forgoing notice, except if and to use commercially reasonable efforts to conduct all such repairs, inspections, alterations and improvements, and to perform the same is due in a manner so as to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of minimize the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from impact on Tenant, Tenant's business and (iv) as a result Tenant's use of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve From and after the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Possession Date Tenant shall be responsible liable for Tenant’s Proportionate Share thereofand shall pay directly all charges, rents and fees (together with any applicable taxes or assessments thereon) when due for water, gas, electricity, air conditioning, heat, septic, sewer, refuse collection, telephone and any other utility charges or similar items in connection with the use or occupancy of the Premises during the Term of this Lease. From and after the Possession Date Landlord shall not be under no obligation to furnish responsible or liable in any utilities way whatsoever for the impairment, interruption, stoppage, or other interference with any utility services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; providedcaused by Landlord, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s its agents, employees, contractors or invitees licensees. In any event no interruption, termination or cessation of utility services to the Premises shall relieve Tenant of its duties and obligations pursuant to this Lease, including, without limitation, its obligation to pay all Rent as and when the same shall be due hereunder. Notwithstanding the foregoing, if: (i) any person claiming by, through or under Essential Service (as defined in the following sentence) is discontinued to the Premises for more than 15 consecutive business days following notice thereof from Tenant (a “Service Interruption”), and to Landlord; (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or discontinuance results solely from Landlord’s agentsnegligent or willful act or omission, employees and does not also result in whole or contractors, in part from any unavoidable delay or Legal Requirement; and (iii) such Service Interruption continues discontinuance renders all or any significant portion of the Premises untenantable and all or such portion of the Premises is not used by Tenant for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affectedits business, then there shall be an abatement Rent (except to the extent any Additional Rent relates to any of one dayLandlord’s Rent for each day during which services performed in such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service InterruptionPremises) shall thereupon xxxxx, then based upon the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent portion of the interruption Premises so rendered untenantable and not used by Tenant until such discontinuance is remedied. Essential Service means any of Tenant’s normal operations the following: heating or ability air-conditioning (as seasonally required), office electricity, water, or plumbing. The abatement provided for in this subsection shall not apply to use the Leased Premisesany discontinuance of an Essential Service caused by casualty or condemnation.

Utilities. Landlord shall provide interior janitorial services in the Premises five days per week, except holidays, pursuant to the Schedule attached as Exhibit E, and the costs therefor shall be paid for by Tenant as additional rent. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services within ten days after receipt of the xxxx for such services. All internal utilities Janitorial services to any tenant space in the Building shall not be separately meteredincluded in Operating Charges. All costs Landlord shall furnish water, sanitary sewer, heating, air conditioning and ventilating for external utilities that are not separately metered the permitted use of the Premises to maintain comfortable temperatures and the cost of such services shall be included in Operating ExpensesCharges. Heating, and ventilating and, from May 1 through September 15 of each year, air conditioning service, shall be provided seven days a week, 24 hours a day. Landlord shall cause at Landlord's expense electricity for the Premises to be separately metered. It is understood that Operating Charges shall not include electricity charges for any tenant space. Tenant shall be responsible for Tenant’s Proportionate Share thereofobtaining its own telephone service, and Tenant shall timely pay for its separately metered electricity and telephone service as and when payment are due. In no event shall Landlord be liable for damages, nor shall the rental herein reserved be under no obligation abated or subject to offset or deduction for failure to furnish or any delay in furnishing any utility services nor shall the temporary failure to furnish any utilities of such services be construed as an eviction of Tenant or services to relieve Tenant from the Leased Premises duty of observing and shall not be liable for any interruption or failure in performing all of the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination provisions of this Lease; , provided, however, that if (i) Landlord shall make all reasonable efforts to promptly restore such service to the Premises, and in the event of an interruption or cessation of utilities shall occur, except if the same an essential service which is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), in Landlord's reasonable control which continues for 72 consecutive hours and (ii) such Service Interruption occurs or continues as a result of said interruption, Tenant is not able to operate its business from the negligence Premises, then all Rent shall xxxxx from the date of said interruption until the essential service is restored. Tenant shall not use any apparatus or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations device in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations will in any portion of the Leased Premises notwithstanding such Service Interruption, then way increase the amount of each daily abatement water or sewer usually furnished, consumed or supplied for use of Base Rent the Premises as general office and warehouse space. In the event that Tenant requires water or sewer use in excess of that usually supplied for use of the Premises as general office and warehouse space, then Tenant shall only first procure the written consent of Landlord for such use, which consent Landlord may grant or withhold in its sole discretion, and Tenant shall pay additional rent for such services at a rate to be proportionate determined by Landlord in its reasonable discretion or Landlord may require Tenant to install a submeter, at Tenant's cost, to measure such usage. In the event that Tenant desires air conditioning during times in addition to those set forth above, Landlord shall provide the same and Tenant shall pay therefor as additional rent at a rate to be determined by Landlord in its sole discretion. Tenant agrees not to connect any apparatus or device to the nature and extent cooling or heating system of the interruption Building for the purpose of using additional or unusual amounts of such air conditioning and heating services without the prior written consent of Landlord. Landlord agrees that Landlord shall not change the electric service provider for the Premises without first consulting with and addressing any reasonable service concerns of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Beginning on the date by which the Delivery Condition Work is complete, Tenant shall make arrangements with appropriate utility or service companies pay for water, sewer, gas, electricity, heat, power, telephone and other communication services and any other utilities supplied to the Premises. Tenant shall obtain such utilities and services directly and in its own service name and timely pay all charges directly to the provider. Tenant acknowledges its understanding and awareness that utility services to the Premises are provided by third parties that are not owned or controlled by Landlord and agrees that Landlord shall not be liable to Tenant for any utilities and/or loss, injury, damage, disruption of business or any other harm resulting from any interruption of utility services to the Premises. Notwithstanding anything to the contrary in this Lease, in the event that an interruption in utility services that are Landlord is required to serve provide (“Interruption”) is due to the Leased acts or omissions (where there is a duty to act) of Landlord or its Agents, such that it renders the whole or any material portion of the Premises exclusively untenantable for the purposes intended hereunder then after a period of five (5) consecutive business days after receipt by Landlord of written notice of such untenantability from Tenant, the Monthly Rent shall xxxxx (as to the proportion that the square footage of the Premises untenantable for the purposes intended hereunder as a result of an Interruption bears to the total square footage of the Premises) starting on the sixth (6th) business day until the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or directly and in part by Tenant or Tenant’s Agents. Tenant agrees that can the rental abatement described in this Section shall be billed Tenant’s sole remedy in the event of an Interruption. Notwithstanding anything to Tenant directlythe contrary, and Tenant shall promptly pay waive and release Landlord from and against, all costs with respect to same, such payments to be made, claims of rental abatement as provided above to the extent possibleactually covered by Tenant’s business interruption insurance. Tenant shall have the exclusive right to select, directly and to change, the companies providing such services to the utility Building or Premises (provided, however, any such service provider contract or agreement which extends beyond the Term must be cancellable upon (a) thirty (30) days’ notice without payment of a termination fee or (b) the sale of the Premises). Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, and shall be installed in a manner approved by Landlord. Landlord represents and warrants that, as of the appropriate party charged with collecting the sameCommencement Date, the foregoing to include (i) all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate utility connections to the nature Premises shall serve only the Premises and extent of the interruption of Tenant’s normal operations such connections shall not serve any neighboring land or ability to use the Leased Premisesbuildings.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party proper authorities charged with collecting the same, the foregoing to include collection thereof all charges for water, sewer, gas, electricity, telephone and other utilities or services used or consumed on the Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. Upon Tenant's request, Landlord shall install separate meters to measure Tenant's consumption of any utility servicing the Premises. If Tenant is not charged directly by the respective utility for any of such utilities or services, Tenant shall from time to time, within 20 days of receipt of Landlord's invoice therefor, pay to Landlord the total of such charges for the Building and Lot, provided that if said utilities or services are provided to less than all of the rentable space on the Lot , Tenant shall pay its share of said charges based upon the actual consumption shown on any separate meter for such utility or service, and, in the event there is no such separate meter, based upon the area of the Premises relative to the area of the entire space to which utilities are provided, or such greater or lesser amount required, in Landlord's reasonable judgment, by Tenant's disproportionate use of utilities, and provided further that, at Landlord's option, all such charges shall be payable by Tenant in accordance with Section 4.2.5. Without limitation of the foregoing, in the event of a Casualty or Taking, if Landlord's Architect and Tenant's Architect reasonably determines that the Base Building utilities as shown in Exhibit B hereto will not be repaired or restored so as to be available within ninety (90) days after the occurrence of such Casualty or Taking, then Tenant shall have the right to terminate this Lease by notice given within 30 days after the date of such determination. All internal of the utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure installed in the supply of any such utilities or services to Building and the Leased Premises. No interruption or failure of utilities shall result Premises in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesaccordance with Exhibit B attached hereto.

Utilities. Tenant As part of the Landlord’s Work, Landlord shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve procure and pay the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possiblecost of, directly to the appropriate utility or service provider or supplier, bringing to and the connection to the appropriate party charged with collecting Leased Premises of all natural gas, heat, light, power, sewer service, telephone, cable, water, refuse disposal and other utilities and services supplied to the sameLeased Premises, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesincluding without limitation, any connection and servicing fees, permit fees, inspection fees, and fees to reserve utility capacity. From and after the Commencement Date, Tenant shall be responsible for the payment of the cost of, directly to the appropriate utility service supplier, all monthly service charges for all such utilities for such utilities consumed by Tenant during the Lease Term. Landlord shall cause electrical service reasonably sufficient for Tenant to commence Tenant’s Proportionate Share thereofFinish Work to be available to the Leased Premises on or before the Early Access Date and Tenant shall reimburse Landlord, as Additional Rent hereunder, for the cost of any such electrical service used by Tenant, as reasonably determined by Landlord (with due consideration to electrical service that may be utilized by Landlord in connection with Landlord’s Work then being completed). It is understood and agreed that, except for the foregoing as part of Landlord’s Work and except as otherwise provided herein, Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises, unless such interruption is caused by the gross negligence or willful misconduct of Landlord, its employees or agents. No interruption or failure of utilities shall result in Notwithstanding the termination of this Lease; providedforegoing, however, that if if: (i) an interruption or cessation such utility service is interrupted because of utilities shall occurthe acts of Landlord, except if the same is due to any act or neglect of Tenant or Tenant’s agents, its employees, contractors agents or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and contractors; (ii) Tenant notifies Landlord of such Service interruption in writing (the “Interruption occurs Notice”); (iii) such interruption does not arise in whole or continues in part as a result of the negligence an act or wrongful conduct omission of the Landlord Tenant or Landlord’s any of its employees, agents, employees or contractors, invitees, or licensees; (iv) such interruption is not caused by a fire or other casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (ivvi) as a result of such Service Interruptioninterruption, the conduct Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there sole remedy for such interruption shall be as follows: on the twentieth (20th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an abatement of one day’s Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day during which such Service Interruption continues after such one twenty (120) business day; provided, however, that if any part day period based upon the percentage of the Leased Premises is reasonably useable for so rendered untenantable and not used by Tenant’s normal business operations or if , and such abatement shall continue until the date the Premises become tenantable again. If any equipment installed by Tenant conducts all or any part requires additional utility facilities, the costs of its operations in any portion of the Leased Premises notwithstanding installing such Service Interruption, then the amount of each daily abatement of Base Rent additional facilities shall only be proportionate to the nature and extent of the interruption of borne by Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant Subtenant shall make its own arrangements with appropriate the applicable utility or service companies for its own service for any the provision of all utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directlyservices, including, without limitation, water, sewer, electricity, gas, heating fuels, and Tenant telephone service, which are required for the use of the Sublet Premises for the Permitted Uses, and shall promptly pay when due all costs with respect to same, such payments to be made, to the extent possible, charges therefor directly to the company which provides such service. If Sublandlord is notified that a lien will be placed upon the Sublet Premises as a result of Subtenant's non-payment of any such utility or service provider or to the appropriate party charged with collecting the samecharge, the foregoing to include all then Sublandlord may pay such charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesand notify Subtenant thereof, and Tenant Subtenant shall pay the same to Sublandlord as Additional Rent with the next installment of Base Rent becoming due. In no event shall Sublandlord be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish charges for any utilities or services to consumed by Subtenant at the Leased Premises and shall not be liable Sublet Premises. If, for any interruption reason whatsoever other than a negligent act or failure omission or a WMI act or omission of Subtenant, its officers, directors, employees, contractors, servants or agents, or a default by Subtenant hereunder, any utilities or services which are required for Subtenant's use of the Sublet Premises for the Permitted Uses are interrupted, Tenant shall promptly so notify Sublandlord in the supply writing. If resumption of any such utilities or services does not occur within sixty (60) days after the commencement of such interruption, and the lack of such utilities or services continues to materially impair Subtenant's then-current use of the Sublet Premises or a material portion thereof, Subtenant shall have the right to terminate this Sublease at any time thereafter while such interruption continues by giving to Sublandlord a written notice of termination stating the date on which this Sublease shall terminate. If the unavailability of such utilities or services materially impairs Subtenant's then-current use of the Premises or a material portion thereof for a period of more than ten (10) consecutive days, Rent shall be abated proportionately according to the Leased Premises. No interruption or failure of utilities shall result in extent to which the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Subtenant's use and (ii) such Service Interruption occurs or continues as a result occupancy of the negligence Sublet Premises are so affected, for the period commencing on the date such utilities or wrongful conduct services became unavailable and ending on the date on which such -condition is cured or this Sublease terminates, as the case may be. Subtenant shall not connect to the Building's electrical system any equipment which operates in excess of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result current capacity of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisessystem without Sublandlord's prior written consent.

Utilities. Tenant (a) Landlord shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly supply tempered water, electricity and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, gas to the extent possiblePremises . Tenant will pay for all electrical, water and gas usage at the Premises directly to the applicable utility company, or service provider if Tenant's usage is not separately metered, Tenant will pay an allocated portion of utility costs for the building based on Tenant's rentable square footage of the building . No cap on utilities if Premises is separately metered . Tenant hereby agrees that its use of water, electricity and gas shall not exceed or place a load in excess of the capability of existing leaders, pipes or wiring in or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities Building or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, Premises and Tenant shall be responsible for Tenant’s Proportionate Share thereofmay not use any equipment which, in Landlord's reasonable discretion, will overload said services . Landlord shall be under no obligation to furnish any utilities or represents that the use of the Premises for the Permitted Use in the ordinary course will not overload said services to the Leased Premises and . 9. INTERRUPTION OF SERVICES AND UTILITIES . Landlord shall not be liable for any interruption the interruption, curtailment, stoppage or failure suspension of services and utilities to the Building pursuant to Sections 7 and 8 above when necessary by reason of accident or emergency or suspension of utility services to the Building or when necessary for repairs, alterations, replacements or improvements necessary in the supply reasonable judgment of Landlord or for any cause beyond the control of Landlord . In the event of any such utilities interruption, curtailment, stoppage or services suspension, there shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to the Leased Premises. No interruption Landlord hereunder, Tenant's obligations hereunder shall not be affected or failure of utilities reduced, and Landlord shall result in the termination of this Leasehave no responsibility or liability for any such interruption, curtailment, stoppage or suspension ; provided, however, Landlord shall exercise reasonable diligence to restore any services or utilities so interrupted, curtailed, stopped or suspended and notwithstandingany of the foregoing, in the event any services or utilities are interrupted, curtailed, stopped or suspended for longer that if (iseven ( 7 ) an interruption consecutive business days, the Base Rent payable hereunder shall be abated commencing on the eighth ( 8 th ) business day until such time that the service or cessation of utilities shall occurutility is restored, except if the same utility interruption is due affecting other Buildings in the market and is outside control of Landlord . 10. HVAC SERVICES . Landlord shall install and maintain the HVAC to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)the Premises which shall include separate thermostat control for heat and air conditioning, and (ii) such Service Interruption occurs or continues as a result keep in good working order for comfortable occupancy of the negligence or wrongful conduct Premises at all times of year, consistent with the standards of a first class building in Westport, Connecticut . All utility costs to operate the HVAC system in the Premises shall be subject to the utilities cost provisions in Section 8 of the Landlord or Landlord’s agents, employees or contractorsLease, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there common area utilities shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations included in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesCAM . 11.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve Beginning on the Leased Premises exclusively or directly Commencement Date and that can be billed to Tenant directlycontinuing through the day before the Rent Commencement Date, Landlord and Tenant shall promptly pay all costs with respect to same, such payments to be made, both contribute to the extent possible, directly to payment of the utility or service provider or charges at the Original Premises, if such charges are higher than would customarily be the case for contractors performing Landlord's Work in the absence of such Tenant activities. The parties shall cooperate to arrive at an equitable allocation of any such charges. Such allocation shall be generally designed to result in Landlord's paying that portion of the appropriate party charged with collecting utility charges attributable to Landlord's and Contractor's construction activities and in Tenant's paying that portion of such utility charges attributable to Tenant's activities at the sameOriginal Premises. Commencing on the Rent Commencement Date, Tenant shall pay for all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the foregoing to include Premises, all maintenance charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesutilities, and Tenant shall be responsible any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the like pertaining to Tenant’s Proportionate Share thereof's use of the Premises. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any No interruption or failure of utilities shall result in the supply abatement of any rent unless (a) such utilities occurred because of the negligent or services to the Leased Premiseswillful acts or omissions of Landlord or Landlord's agents, employees or contractors and (b) continues for five (5) days time. No interruption or failure of utilities shall result in the termination of this LeaseLease unless (a) such occurred because of the negligent or willful acts or omissions of Landlord or Landlord's agents, employees or contractors and (b) continues for thirty (30) days time; provided, however, that if (i) an interruption or cessation the repair and restoration of utilities any utility service requires the performance of any work by the utility provider, Tenant shall occurnot be entitled to terminate this Lease if Landlord makes all requests, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)pays all funds, and performs all other acts required of Landlord by such utility provider as conditions precedent to such utility provider restoring such utilities within thirty (ii30) such Service Interruption occurs or continues as a result of days after the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result date of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesinterruption.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve From and after the Leased Premises exclusively or directly and that can be billed to Tenant directlyCommencement Date, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share contracting directly with all suppliers of utility services. In the event that any charge or fee is required by the State of South Carolina, or by any agency, subdivision or instrumentality thereof. Landlord shall be under no obligation , or by any utility company or other entity furnishing services or utilities to the Premises, as a condition precedent to furnishing or continuing to furnish any utilities or services to the Leased Premises and Premises, such charge or fee shall be deemed to be a utility charge payable by Tenant. The inability of Tenant to obtain, or any stoppage of, the utility services referred to in this Section resulting from any cause shall not be make Landlord liable in any respect for damages to any interruption person, property or failure in the supply business, or entitle Tenant to any abatement of Rent or other relief from any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of Tenant’s obligations under this Lease; provided, however, in the event that if any of the essential services to the Premises (iconsisting of electricity, HVAC, water and sewer service) are interrupted and such interruption results in any material portion of the Premises being unusable for the Principal Intended Use and is caused by a matter within Landlord’s control and continues for five (5) or more consecutive business days after Tenant notifies Landlord, Tenant shall be entitled to an interruption or cessation abatement of utilities shall occurBase Rent accruing from and after the expiration of such 5-day period, except if based on the same proportion of the Premises which is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)not reasonably usable, and (ii) such Service Interruption occurs or continues is in fact not used, as a result of the negligence or wrongful conduct such interruption. As part of the Landlord or LandlordTenant’s agents, employees or contractorsExtra Work, and (iii) such Service Interruption continues for more than at Tenant’s sole cost and expense, Tenant shall have the right to install one (1) full business day after emergency generator on any portion of the Premises outside the Building together with associated fuel tanks, pumping systems and required vertical or other risers to connect the generator to the Premises, provided (i) the location of such generator is approved by Landlord, which approval Landlord may not unreasonably withhold, condition or delay, (ii) Tenant obtains and maintains all applicable governmental permits and approvals, (iii) the generator shall have received notice thereof from Tenantbe powered by a diesel or natural gas engine with a self-contained, above-ground fuel tank, with Tenant being responsible for the clean-up and remediation of any spills of diesel fuel, lubricating oils and other hazardous materials, and (iv) as the generator shall utilize a result of such Service Interruptionhospital grade muffler system, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be enclosed with an abatement enclosure of one day’s Rent for each day during a design and color approved by Landlord, which such Service Interruption continues after such one enclosure shall achieve sound attenuation which limits noise to not more than 50 decibels at seven (17) business day; providedmeters. If installed, howeverTenant will maintain and repair the generator and all related equipment in good working condition, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent which maintenance shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesinclude periodic testing.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve To notify the Leased Premises exclusively or directly suppliers of gas, water, electricity, other fuels and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or telephone services to the Leased Premises and shall not Property that this Tenancy has started; To apply for the accounts for the provision of those services to be liable for put into the name of the Tenant; Not to tamper, interfere with, alter, or add to, or allow any interruption other person to tamper interfere with, alter, or failure in add to the installations or meters relating to the supply of any such utilities or utility services to the Leased Premises. No interruption Property; To agree not to install any pre-payment meter; To inform the Landlord or failure the Agent within a reasonable time of utilities shall result a utility being transferred to a new supplier; To provide the name, address and account number of the new supplier within a reasonable time of transfer; To pay any costs incurred by the Landlord or the Agent in transferring the account back to the original supplier at the end of the Tenancy; To pay to the Landlord all costs incurred in the reconnection of any service (including any arrears of payment) following disconnection of any service whether caused by the Tenant’s failure to comply with this Agreement or by anything done or not done by the Tenant; To arrange for the reading of the gas, electricity and water meter, if applicable, at the end of the Tenancy and the departure of the Tenant from the Property; To pay all outstanding accounts with the utility service providers during and at the end of the Tenancy; To permit the Landlord or the Agent at the termination or earlier ending of the Tenancy to give the forwarding address of the Tenant to the suppliers of the service providers set out in this Agreement and to the local authority. To forward notices To send to the Landlord or the Agent promptly all correspondence for the Landlord including notices, orders or proposals affecting the Property and served there by any person, body or authority other than the Landlord or the Agent. Insurance and leaving the Property empty To notify the Landlord before leaving the Property vacant for any continuous period of [insert period] days or more during the Tenancy; To comply with any conditions set out in the Landlord’s policy of insurance relating to empty Property provided a copy of the policy and schedule of insurance has been attached at Schedule 2. This provision shall apply whether or not the Landlord has been or should have been notified of the absence under clause 3.13.1 of this LeaseAgreement; providedTo pay to the Landlord all reasonable sums paid by the Landlord for any increase in the insurance premium for the policy, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues necessary expenses incurred as a result of a failure by the negligence Tenant, his family, or wrongful conduct visitors, to comply with clause 3.13.1 and 3.13.2 of this Agreement; To inform the Landlord or his Agent of any loss or damage to the Property and the Contents, promptly upon the damage coming to the attention of the Tenant; To provide the Landlord or his Agent with details of any loss or damage, under clause 3.13.4 above, within a reasonable time of that loss or damage having come to the attention of the Tenant; The Tenant is warned that the Landlord’s agentspolicy does not cover his possessions and is strongly advised to insure his belongings with a reputable insurer. Superior lease To comply with the obligations of the Superior Lease, employees a copy of which is shown at Schedule 3. Energy Performance Certificate (‘EPC’) To confirm that the Tenant has been provided with a Certificate which satisfies the requirements of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 prior to the signing of this Agreement. End of the Tenancy At the end or contractors, earlier termination of the Tenancy to give up the Property and all additions to it and all the Contents (iiiapart from those the Tenant shall be entitled by law to remove) such Service Interruption continues specified in Schedule 1 or the articles substituted for more than one them in as good a state of repair and condition as they were at the beginning of the Tenancy (as detailed in Schedule 1) full business with the exception of fair wear and tear; To leave the Contents at the end of the Tenancy in the rooms or places in which they were at the beginning of the Tenancy; To attend or be represented at the inventory check-out which will be arranged for the last day after of the Tenancy or by agreement on a day that is convenient to both parties; To pay any cancellation fee incurred by the Landlord shall if an inventory clerk is used to prepare the check-out report of the Inventory and Schedule of Condition (if applicable) if 24 hours notice in writing is not given by the Tenant to cancel the Inventory check-out appointment; To accept that the report of the inventory clerk or the Agent will be prepared at the second appointment if the Tenant or his agent fails to attend a second appointment; To pay an additional charge to check the Inventory and Schedule of Condition (if applicable) if an inventory clerk or the Agent is used by the Landlord to prepare the check-out report, if the inventory check-out has to be rearranged because the Contents have received not been returned to the places noted in the Inventory and Schedule of Condition at the commencement of the Tenancy; To remove or pay for the removal of all refuse and rubbish belonging to the Tenant at the end of the Tenancy and dispose of it in the receptacle provided or arrange and pay for its disposal by the local authority at the end of the Tenancy; To remove all belongings, personal effects, foodstuffs or equipment of the Tenant from the Property at the end of the Tenancy; To vacate the Property during normal office hours at a time agreed with the Landlord or the Agent; To provide a forwarding address to the Landlord or the Agent by the last day of the Tenancy; To ensure that the oil tank (if applicable) is filled to the same level as at the start of the Tenancy or pay to have it filled to the same level; To pay a sum equal to the Rent if the Property is incapable of being re-let or of beneficial use to the Landlord because the Tenant has left substantial goods in the Property, until such goods have been removed from the Property. The Landlord shall, upon proper notice thereof from to the Tenant, be entitled to remove and (iv) as a result dispose of such Service Interruption, any goods left by the conduct of Tenant’s normal operations Tenant in the Leased Premises Property and to recover the costs of storage and sale from the proceeds, with any balance to be paid to the Tenant; To be responsible for meeting all reasonable removal and/or storage charges, when small items are materially left in the Property which can be easily moved and adversely affected, then there shall stored; and the Landlord removes them from the Property and stores them for a maximum of [insert period]. Charges will only be an abatement incurred when the Landlord has given the Tenant written notice addressed to the Tenant at the forwarding address provided by the Tenant; or in the absence of one day’s Rent for each day during which such Service Interruption continues any address after such one (1) business daymaking reasonable efforts to contact the Tenant to inform that items have not been cleared; provided, however, that if any part and the Tenant has failed to collect the items promptly thereafter. If the items are not collected within [insert period] of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion being notified the Landlord may dispose of the Leased Premises notwithstanding such Service Interruptionitems and the Tenant will be liable for all reasonable costs of disposal; the costs of which may be deducted from any sale proceeds or the Deposit. If there are any remaining costs after the above deductions have been made they will remain the liability of the Tenant; To return all keys, then the amount of each daily abatement of Base Rent shall only be proportionate including any additional keys, remote controls, or security devices to the nature and extent Landlord or the Agent at the end of the interruption Tenancy (whether before or after the Term of Tenant’s normal operations this Agreement); To pay for the cost of replacement keys, remote controls or ability to use other security devices that have been lost or not returned at the Leased Premisesend of the Tenancy.

Utilities. The Landlord and the Tenant agree that the responsibility for making all of the arrangements necessary to furnish the utilities, including having billing in his or their names, shall make arrangements with appropriate utility or service companies be assigned as set forth in Schedule A. Utility bills paid for its own service for any utilities and/or services that are by Landlord on Xxxxxx’s behalf will be subject to serve the Leased Premises exclusively or directly and that can be billed to a $15 administrative fee per billing period per utility. The Tenant directly, and Tenant shall promptly will pay all costs bills as listed on Schedule A. The Tenant will furnish all other utilities and agree to make all arrangements necessary to furnish these utilities and to have the billing in their name. Failure to obtain and maintain these basic utilities will be considered a violation of this Lease and will be grounds for eviction. Any extraneous utilities such as phone, cable TV, etc., are optional and are the full responsibility of the Tenant and must be in Tenant’s name. In the case where utilities are charged to Landlord in one bill, the Tenant will be provided with respect to same, such payments to be made, to the extent possible, directly to a bill statement each month depicting the utility or service provider or amount charged to that unit. The charges are calculated based on the appropriate party charged with collecting number of Tenants in each unit divided by the same, total number of Tenants for the foregoing to include entire building. The number of Tenants is always the number of individuals signed on a lease. Water bill: Tenants whose rental unit consists of a complete house: “Tenant is totally responsible for all charges for such utilities or serviceswater, sewage disposal, and storm sewer services furnished to the premises by the City of Xxx Arbor. All internal utilities Tenant understands that no service shall be separately meteredcommenced to the above address until there has been deposited with the Utilities Department a sum sufficient to cover twice the average quarterly bill ($ minimum) and a copy of this lease including any requirement for additional deposit. All costs Xxxxxx agrees that if any quarterly bill exceeds the average bill for external utilities that are not separately metered shall quarter by 50% or more, Tenant will increase the deposit to an amount equal to twice the amount of that quarter’s bill. The increased deposit must be included in Operating Expensesprovided within 10 calendar days of the City’s mailing of the notice to Tenant. Tenant understands that payment of charges for water, sewage disposal, and Tenant shall storm sewer services including any requirement for additional deposit, may be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or enforced by discontinuing the services to the Leased Premises premises. If there is not a remote readout device, Xxxxxx agrees that lessor/owner may provide the Utilities Department with a key to the premises to have access to the water meter. Tenant further consents to entry by the Utilities Department to the premises for purposes related to access the water meter. Tenant agrees that for purposes of entry for access to the water meter, any notices for entry required from the Landlord/Owner under City Code Section 8:529 (I) may be issued by and shall not be liable for any interruption or failure in the supply name of any such utilities or services the City of Xxx Arbor Utilities Department. Xxxxxx agrees that if entry is refused, the City may immediately shutoff service to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruptionpremises.”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant The Lessee shall make arrangements with appropriate pay for all electricity, gas, water, heat, sewer and other utility or service companies for services used on the Leased Premises, and at its own service for expense shall heat the water to meet its hot water requirements. If the Master Lessor shall elect at any utilities and/or services that are time to serve the Leased Premises exclusively supply any one or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply more of any such utilities or said services to the Leased Premises. No interruption or failure , then the Lessee, upon not less than forty-five (45) days' written notice from the Lessor, shall accept and use such of utilities shall result in said services as are tendered by the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except Master Lessor and pay therefor at the rates which would be charged if the same is were purchased by the Lessee from the municipality or other service corporation which would otherwise supply such service or services. The charges for such of said services are to be furnished by the Master Lessor shall be ADDITIONAL RENT due on the first day of the calendar month following the billing thereof to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)the Lessee, and the Lessor shall have the same remedies for non-payment of said ADDITIONAL RENT as the Lessor shall have for the non-payment of other rent; and in addition to said remedies, the Lessor, upon not less than three (ii3) days' notice to the Lessee, may discontinue furnishing such Service Interruption occurs or continues of said services as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractorsare not paid for, and (iii) no such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there discontinuance shall be deemed an abatement of one day’s Rent eviction or render the Lessor or Master Lessor liable for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of damages or relieve the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts Lessee from its obligations under this Lease. If the Master Lessor should elect as aforesaid to furnish all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptionsaid services, then the amount of each daily abatement of Base Rent Lessor shall only not be proportionate liable to the nature and extent Lessee in damages or otherwise should the furnishing of any one or more thereof be interrupted or terminated because of accident, the interruption making of Tenant’s normal operations repairs, replacements, improvements, alterations or ability additions, strikes or other labor difficulties, difficulty in obtaining fuel, electricity or any other supplies or service from the Master Lessor's usual source of supply, or any cause beyond the Master Lessor's or Lessor's reasonable control. Upon not less than forty-five (45) days' written notice to use the Leased PremisesLessee from the Master Lessor or Lessor, the Master Lessor may cease to furnish all or any of said services without any responsibility to the Lessee except to connect the service facilities with such other nearby source of supply as may be available for the service or services so discontinued.

Utilities. Tenant shall make arrangements with appropriate will pay for all electricity, gas, water, sewer or other utility service provided to the Premises from and after the Delivery Date. If any utility service to the Premises (such as, e.g., water or sewer service) is not measured by a separate meter for the Premises but rather by a common meter that measures the service companies provided to two or more premises in the Building, then Landlord will pay the charges based on readings from such common meter and Tenant will pay Landlord, as Additional Rent within 10 days after demand, Tenant's pro rata share of such charges. Such pro rata share will be determined by dividing the rentable area of the Premises by the total rentable area of all premises served by such common meter. The charge for its own service for domestic water and trash compactor usage will be reasonably determined by Landlord if provided by Landlord and will be payable in advance on a monthly basis. Periodically, at the request of either Landlord or Tenant, Tenant's usage will be reviewed and an adjustment will be made in the monthly charge to reflect changes in the cost to Landlord or in Tenant's volume of usage. Neither Landlord, nor any utilities and/or services that are to serve company, firm, or individual operating, maintaining, managing, or supervising the Leased Premises exclusively plant or directly and that can facilities furnishing utilities, or any of their respective agents, beneficiaries, or employees, will be billed liable to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for any of Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, 's employees, contractors agents or invitees or any person anyone claiming by, through or under Tenant (a “Service Interruption”)Tenant, and (ii) for any damages, injuries, losses, expenses, claims, or causes of action, because of any interruption, curtailment or discontinuance nor shall any such Service Interruption occurs interruption, curtailment or continues as a result discontinuance be deemed an eviction or disturbance of Tenant's use or possession of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptionthereof, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption nor relieve Tenant from full performance of Tenant’s normal operations or ability to use the Leased Premises's obligations under this Lease.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for obtain in its own service for any name and pay directly to the appropriate supplier the cost of all utilities and/or and services that are to serve serving the Leased Premises exclusively Premises, excepting utilities used in constructing the Work. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly and that can be billed to Tenant directly, by the utilities or services providers) and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in share as Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereofsubject to EXHIBIT C, to Landlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the supply event restoration of any service is within Landlord's control and Landlord negligently fails to restore such utilities or services service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the then normal course of its business in the Leased Premises. No interruption or failure of utilities shall result in ) by Tenant for the termination of use permitted under this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues Lease for more than one ten (110) full consecutive days, or three (3) consecutive business days if such interruption is the result of a defect in the installation of such utility service that was a part of the Work, after notice from Tenant to Landlord that such service has been interrupted and a reasonable opportunity for Landlord to restore such service. Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis for each day after such ten (10) day or three (3) business day after Landlord shall have received notice thereof from Tenantperiod, and (iv) as a result of such Service Interruptionthe case may be, the conduct of Tenant’s normal operations in during which the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesremain untenantable.

Utilities. Owner shall have the option to have: (i) Tenant shall make arrangements with appropriate utility or pay promptly all charges for heating, natural gas and electrical service companies for its own service for any utilities and/or services that are to serve used on the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the appropriate public utility company. If Tenant shall fail to pay any utilities as required above, Owner shall have the right, at his option, but without any obligation to do so, to pay such utilities (without affecting any other remedy available to Owner) on account of Tenant and the same shall constitute Additional Rent hereunder and shall be repaid by Tenant to Owner forthwith; or service provider or to the appropriate party charged with collecting the same, the foregoing to include (ii) Tenant pay all charges for such heating, natural gas and electrical service used on the Premises as Additional Rent pursuant to Rider I. Owner shall make an election pursuant to this paragraph from time to time, by 30 day notice to Xxxxxx. Owner may elect to have certain utilities or servicespaid pursuant to (i) above and to have other utilities paid pursuant to (ii) above. All internal If Owner makes no written election, then all utilities that are separately metered shall be separately metered. All costs for external utilities paid pursuant to (i) above and all items that are not separately metered shall be included paid pursuant to (ii) above. Notwithstanding the above, Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring installations. Any risers or wiring to meet Tenant's excess electrical requirements will be installed by Owner at the sole cost and expense of Tenant (if, in Operating ExpensesOwner's sole judgement, the same are necessary and will not cause permanent damage or injury to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants). If initially Tenant is paying all or any public utilities pursuant to (ii) above, Owner may at its option, upon not less than 30 days prior written notice to Tenant discontinue the availability of such utility service. If Owner gives any such notice of discontinuance, Owner shall make all necessary arrangements with the public utility supplying the utilities to the area in which the Building is located with respect to obtaining such utility service to the Premises, but Tenant will contract directly with such public utility for the supplying of such utility service to the Premises. In the event Owner deems it appropriate to make available separately metered service to the Premises, Owner may require that separate submeters be installed in or for the Premises, at Owner's expense, and Tenant will be billed monthly from such sub-meter in a manner provided hereinbefore, provided that no such sub-metering shall relieve Tenant from its obligation to pay Tenant's share of other utility charges under this paragraph. Owner shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of any utility service is changed or no longer available or is no longer suitable for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises's requirements.

Utilities. (a) Tenant shall make arrangements with appropriate utility or service companies timely pay for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and that can be billed to Tenant directlytrash collection, and Tenant shall promptly pay other utilities and services used on the Premises, all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all maintenance charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesutilities, and Tenant shall be responsible any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the like pertaining to Tenant’s Proportionate Share thereof's use of the Premises. Landlord shall have no responsibilities whatsoever in connection with the foregoing. Landlord shall cause water, gas and electricity service to be under no obligation to furnish any utilities or services separately metered to the Leased Premises and shall not be liable for any interruption or failure charged directly to Tenant by the provider. Except as expressly provided in the supply remainder of any such utilities or services to the Leased Premises. No this Paragraph 7(a), no interruption or failure of utilities shall result in the termination of this Lease; providedLease or the abatement of rent. In the event that Tenant is prevented from using, howeverand does not use, that if (i) an interruption the Premises or cessation a substantial portion thereof as a result of utilities shall occurany negligent failure by Landlord to provide utility services to the Premises, except if and such failure was not caused directly or indirectly by the same is due to any act negligence or neglect willful misconduct of Tenant or Tenant’s agents, its employees, contractors agents or visitors, guests, invitees or any person claiming by, through or under Tenant licensees (a “Service Interruption”an "Abatement Event"), and then Tenant shall give written notice of such Abatement Event to Landlord. If the Abatement Event continues for three (ii3) consecutive business days (the "Abatement Period") after Landlord's receipt of Tenant's written notice, then Base Rent shall be abated or reduced after expiration of the Abatement Period, for such Service Interruption occurs or time that Tenant continues (as a result of the negligence Abatement Event) to be so prevented from using, and does not use, the Premises or wrongful conduct a substantial portion thereof, in the proportion that the rentable area of the Landlord or Landlord’s agents, employees or contractorsportion of the Premises that Tenant is prevented from using, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord does not use, bears to the total rentable area of the Premises; provided that, subject to the foregoing provisions of this subsection, Base Rent shall have received notice thereof be abated completely if the portion of the Premises that Tenant is prevented from Tenant, and (iv) using as a result of such Service Interruptionthe Abatement Event, the and does not use, is so significant as to make it impractical for Tenant to conduct of Tenant’s normal operations its business in the Leased Premises are materially and adversely affectedTenant does not, then there shall be an abatement of one day’s Rent in fact, for each day during which such Service Interruption continues after such one (1) that reason, conduct its business day; provided, however, that if any part of in the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the providing utility or service provider or all water, gas, heat, light, power, telephone and other utilities supplied to the appropriate party charged with collecting Premises. Except for any damages resulting from the samenegligence, the foregoing to include all charges for such utilities willful misconduct, or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesbreach of contract by Landlord, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. or its agents, or contractors Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for a loss of or injury to property, however occurring, through or in connection with or incidental to furnishing or failure to furnish any utilities to the Premises and Tenant shall not be entitled to abatement or reduction of any portion of the Base Monthly Rent so long as any failure to provide and furnish the utilities to the Premises is due to a cause beyond the Landlord’s reasonable control, and is not the result of the negligence, willful misconduct, or breach of contract by Landlord, or its agents, or contractors. In the event of any interruption or failure in the supply of any such utilities or services to be provided to the Leased Premises. No interruption or failure of utilities , Tenant’s rights and remedies shall result in the termination of this Lease; provided, however, that if be as follows: (i) an if such interruption or cessation of utilities shall occur, except if the same is due to any act or neglect a failure of Tenant or Tenant’s agentsto pay the providing utility when due, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Base Rent due hereunder shall not be abated and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) no liability to Tenant whatsoever as a result of such Service Interruptioninterruption; (ii) if such interruption is due to the actions of Landlord or Landlord’s Parties, the conduct Base Rent hereunder shall be equitably abated as of the time such interruption commenced and Landlord shall be liable to Tenant for loss or injury to property and Tenant’s normal operations in business as a result thereof; (iii) if such interruption is due to the Leased failure of the providing utility to provide such utility or service to the Premises are materially and adversely affectedsuch interruption continues for more than ninety (90) continuous days, then there Tenant shall be entitled to terminate this Lease by delivery of written notice to Landlord within five (5) days following the expiration of such ninety (90) day period; and (iv) if such interruption is due to an abatement event of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provideddamage or destruction, however, that if any part the rights of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations parties hereunder shall be as described in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesSection 28 below.

Utilities. Tenant shall make arrangements with appropriate pay gas, electricity, heat, water, sewer, power, telephone and other communication services and any other utilities supplied to the Premises. Except to the extent Landlord elects to provide any such services and invoice Tenant for the cost or include the cost in Operating Expenses, Tenant shall obtain service in its own name and timely pay all charges directly to the provider. Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Notwithstanding the foregoing, if any of the foregoing services is interrupted due solely to the gross negligence or willful misconduct of Landlord such that Tenant cannot and does not reasonably conduct its Permitted Use in the Premises from the standpoint of prudent business management and the interruption continues for a period of at least five (5) consecutive business days following Landlord’s receipt of notice from Tenant, then Minimum Annual Rent shall xxxxx as to the portion of the Premises rendered unusable during the period beginning on the sixth (6th ) consecutive business day of the interruption and ending on the date the service is restored. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises, and to purchase green or renewable energy, provided that the costs for such green or renewable energy are not materially higher than the costs for standard utility service. Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, and shall be installed in a manner approved by Landlord. In the event Tenant’s consumption of any utility or other service companies for its own service for any utilities and/or services that are to serve included in Operating Expenses is excessive when compared with other occupants of the Leased Premises exclusively or directly and that can be billed to Property as determined in Landlord’s reasonable discretion, Landlord may invoice Tenant directlyseparately for, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the sameon demand, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct incremental cost of Tenant’s normal operations in the Leased Premises are materially and adversely affectedexcessive consumption, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is as reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdetermined by Landlord.

Utilities. Tenant shall make arrangements pay, commencing on the Commencement Date, for all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with appropriate any taxes, penalties, surcharges or the like pertaining to Tenant's use of the Premises. Tenant shall pay its share of all charges for jointly metered utilities based upon consumption, as reasonably determined by Landlord without administrative xxxx-ups. Tenant agrees to limit use of water and sewer for normal restroom use. Tenant and Landlord acknowledge and agree that (i) a dedicated electric service to the Premises exists that is separately metered by the electric utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, company; and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, for use of electricity directly to the electric utility or company; (ii) an existing gas service provider or to the appropriate party charged with collecting Premises will be submetered by Landlord and Tenant shall pay to Landlord for its actual usage at the same, same rate as is applicable to Landlord without administrative xxxx-ups; (iii) water service is currently provided to the foregoing Premises and Tenant shall pay its Proportionate Share of water usage in the Premises based upon the current use of the Building and shall have the right to include all charges install at Tenant's expense a water check meter; and (iv) an existing septic system is servicing the Building and Tenant shall pay its Proportionate Share for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in use of the sewage treatment system as part of Operating Expenses, and Tenant but shall not be responsible for capital repairs and hazardous waste clean-up costs of the sewage treatment system unless the necessity for such capital repairs and hazardous waste clean-up costs is caused by Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this LeaseLease or the abatement of rent; provided, however, that if (i) an the interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, contractors and (iii) such Service Interruption continues the Premises are not usable by Tenant for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially 's business as a result thereof, Base Rent and adversely affected, then there applicable Operating Expenses shall be an abatement of one day’s Rent abated for each day during the period which such Service Interruption continues after such one commences five (15) business day; days after the date Tenant gives to Landlord written notice of such interruption until such time as the utilities required for the conduct of Tenant's business are restored provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptioninterruption, then the amount of each daily abatement of Base Rent and applicable Operating Expenses shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate and shall pay all charges for all Utilities to be furnished on, in or to the Premises or to be used by Tenant. Except as may be otherwise provided in the Basic Lease Information, Tenant shall pay all charges for Utilities, including charges for the connection and installation of the Utilities as may be specified in the Basic Lease Information, from the location points specified therein. Tenant shall be obligated, at its sole cost and expense, to repair and maintain in good operating condition all utilities serving the Premises (whether within or outside the Premises and regardless of who installed same). If Tenant requests Port to perform such maintenance or repair, whether emergency or routine, Port shall charge Tenant for the cost of the work performed at the then prevailing standard rates, and Tenant agrees to pay Port promptly upon billing. Tenant shall pay for repair of utilities located outside the Premises (regardless of who installed the same) which are damaged by or adversely affected by Tenant's use of such utility and shall be responsible for all damages, liabilities and claims arising therefrom. Tenant will not, without the written consent of Port, which consent may be granted or withheld in Port's sole and absolute discretion, use any apparatus or device in the Premises, including without limitation, electronic data processing machines and machines using current in excess of 110 volts or which will in any way increase the amount of electricity usually furnished or supplied for use of the Premises. If Tenant shall require electric current in excess of that usually furnished or supplied for the Premises, Tenant shall first procure the written consent of Port, which Port may refuse, in its sole and absolute discretion, to the use thereof, and Port may cause an electric current meter to be installed in the Premises so as to measure the amount of electric current consumed for any such other use. The cost of any such meter and of installation, maintenance, and repair thereof shall be paid for solely by Tenant and Tenant agrees to pay to Port promptly upon demand therefor by Port for all such electric current consumed, as shown by the meter, at the rates charged for such service by the City and County of San Francisco or the local public utility, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the electric current so consumed. The parties agree that any and all utility improvements (not including telephone wiring and equipment) shall become part of the realty and are not trade fixtures or Tenant's Property. Port makes no representation or warranty that utility services, including telecommunications services, will not be interrupted. Port shall not be liable in damages or otherwise for any failure or interruption of any utility services, including telecommunications services, furnished to the Premises. No such failure or interruption shall constitute a basis for constructive eviction, nor entitle Tenant to terminate this Lease or xxxxx Rent. Tenant hereby waives the provisions of California Civil Code Section 1932(1), 1941, and 1942, or any other applicable existing or future Laws permitting the termination of this Lease due to such interruption, failure or inability. In the event any Law imposes mandatory or voluntary controls on Port, the Facility, or the property or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions, or the provision of any other utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs provided with respect to samethis Lease, or in the event Port is required or elects to make alterations to any part of the Facility in order to comply with such mandatory or voluntary controls or guidelines, such payments compliance and the making of such alterations shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay the full Base Rent and Additional Rent reserved hereunder or to perform each of its other covenants hereunder or constitute or be madeconstrued as a constructive or other eviction of Tenant. Port shall have the right at any time to install a water meter in the Premises or otherwise to measure the amount of water consumed on the Premises, and the cost of such meter or other corrective measures and the installation and maintenance thereof shall be paid for by Tenant. Without Port's prior written consent, which Port may give or refuse in its sole and absolute discretion, Tenant shall not place or install in the Premises any equipment that weighs in excess of the normal load-bearing capacity of the floors of the Facility or the pier, as applicable, and as may be further described in the Basic Lease Information. If Port consents to the placement or installation of any such machine or equipment in the Premises, Tenant, at no cost to the Port, shall reinforce the floor of the Premises, pursuant to plans and specifications approved by Port and otherwise in compliance with Section 13 below, to the extent possible, directly necessary to assure that no damage to the utility Premises or service provider the Facility or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply weakening of any such utilities structural or services to substructural supports, as the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; providedcase may be, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall will be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesoccasioned thereby.

Utilities. Tenant shall make arrangements with appropriate utility The parties acknowledge that as of the Commencement Date, the utilities serving all or service companies for its own service for any utilities and/or services that are to serve a portion of the Leased Premises exclusively or directly and that can be billed to Tenant directlysome of the improvements located thereon, being electricity, water, and Tenant septic system (the “Utilities”), are interconnected to Landlord’s utility infrastructure at the Refinery. The provisions of this Article 5 shall promptly pay all costs with respect to same, such payments to be made, subject to the extent possibleterms of that certain Secondment Agreement and Logistics Services Agreement, directly dated July 1, 2014, by and between Landlord, Tenant and additional parties, as amended, restated, modified or supplemented from time to time (the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service InterruptionSecondment Agreement”), and for so long as the Secondment Agreement is in effect between the parties, the provisions of that agreement shall control in the event that its terms and the terms of this Article 5 are inconsistent with one another. In the event that the Secondment Agreement is no longer in effect, the terms of this Article 5 shall control. The parties agree that the Premises shall be separately metered for electricity as soon as reasonably practicable following the Commencement Date hereof. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay all charges for electricity serving the Premises directly to the Utility provider. Until such time as electricity is separately metered to the Premises, electricity to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other Utilities are provided to Tenant. With regard to electricity until it is separately metered and with regard to all other Utilities, Tenant shall pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing oily water and petroleum products may be discharged therein, (ii) such Service Interruption occurs or continues as a result of only wastewaters generated from Tenant’s operations on the negligence or wrongful conduct of the Landlord or Landlord’s agentsPremises may be discharged therein, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord Tenant shall have received notice comply with all applicable laws, rules and regulations regarding the use thereof from Tenantand the discharge of substances therein, and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the typical daily discharge therein resulting from Landlord’s operation of the Refinery prior to the Commencement Date. Landlord shall have no obligation to provide telephone service to the Premises or any other utility service of any kind except as a result of such Service Interruption, the conduct of Tenant’s normal operations set forth in this paragraph or in the Leased Premises are materially and adversely affectedStorage Services Agreement (as defined in Section 10.01 below). Landlord shall in no event be liable or responsible for any cessation or interruption in, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; providedor damage caused by, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate utility services provided to the nature and extent of Premises, whether by Landlord or otherwise, unless the cessation or interruption of Tenantresults from Landlord’s normal operations intentional misconduct or ability to use the Leased Premisesgross negligence.

Utilities. Tenant shall make arrangements with appropriate utility or service companies Except for its own service for any utilities and/or services that are to serve Landlord's obligation under the Leased Premises exclusively or directly and that can be billed to Tenant directlylast two sentences of this Section 6.1, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for providing all utilities to the Premises. Without limiting the foregoing, Tenant shall heat the Premises as necessary to prevent any freeze damage to the Premises or any portion thereof. Tenant shall directly pay for all utilities used on the Premises which are separately metered, and reimburse Landlord for sub-metered utilities (if any) together with any maintenance charges for utilities. The cost of any utilities which are not separately metered or sub-metered to the Premises shall be an Operating Expense and charged to Tenant in accordance with Article 3. Tenant’s Proportionate Share thereof's use of electric current shall at no time exceed the capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises. Landlord shall be under in no obligation to furnish any utilities or services to the Leased Premises and shall not event be liable for any interruption or failure in the supply of, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of, any such utilities or services to the Leased Premises. No interruption or failure of utilities or other services to the Premises, nor shall result in the termination of this Lease; provided, however, that if (i) an any such interruption or cessation of utilities shall occur, except if the same is due to failure in any act such utility or neglect service be construed as an eviction (constructive or actual) of Tenant -------------------------------------------------------------------------------- COMMERCIAL LEASE AGREEMENT or Tenant’s agentsas a breach of the implied warranty of suitability, employeesor relieve Tenant from the obligation to perform any covenant or agreement herein, contractors and in no event shall Landlord be liable for damage to persons or invitees or any person claiming byproperty (including, through or under Tenant (a “Service Interruption”without limitation, business interruption), and (ii) such Service Interruption occurs or continues in default hereunder, as a result of any such interruption or failure unless caused by Landlord's gross negligence, in which case the negligence rent shall be abated for the duration of any material interruption to Tenant's business. However, if any such interruption is caused by a break or wrongful conduct other damage to any utility lines located on the Property and outside of the Landlord or Building that are under the exclusive control of Landlord’s agents, employees or contractors, and (iii) upon receipt of written notice of such Service Interruption continues for more than one (1) full business day after interruption Landlord shall have received notice thereof from Tenantuse reasonable efforts to perform or cause to be performed the necessary repairs within such time frame as may be reasonable under the circumstances in order to restore the affected service to the Premises. In addition, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of such interruption is caused by a break or other damage to any utility line located on the Leased Property and controlled by a governmental, private or public utility, Landlord will cooperate with such utility so that the interrupted service is restored to the Premises as soon as is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisespossible.

Utilities. (a) Tenant shall make arrangements contract with appropriate utility or service companies and timely pay during the Lease Term for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and that can be billed to Tenant directlytrash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the like pertaining to Tenant's use of the Premises. Landlord shall have no responsibilities whatsoever in connection with the foregoing. Tenant acknowledges and agrees that Landlord may not be able to obtain separate meters for certain utilities including, without limitation, irrigation and storm water. Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include its share of all charges for such jointly metered utilities based upon consumption, as reasonably determined by Landlord. Tenant agrees to limit use of water and sewer for normal restroom use or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to other uses consistent with the Leased Premises and shall not be liable for any interruption or failure in Permitted Use of the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities or other essential services shall result in the termination of this LeaseLease or the abatement of rent; provided, however, that if (iI) an Tenant is prevented from using, and does not use, the Premises or a portion thereof, as a result of any interruption in utilities or cessation other essential services that Landlord is obligated to provide pursuant to the express terms of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)this Lease, and (iiII) such Service Interruption occurs interruption is caused by Landlord's negligence or breach of its express obligations under this Lease, and (III) the cure of such interruption is within Landlord's reasonable control (such interruption that satisfies (I), (II) and (III) above shall be referred to herein as an "Abatement Event"), then Tenant shall give written notice of such Abatement Event to Landlord. If, and only if, the Abatement Event persists for more than five (5) consecutive business days after Landlord's receipt of Tenant's written notice of such Abatement Event, then Base Rent and Tenant's Proportionate Share of Operating Expenses shall be abated (proportionally if the Abatement Event only prevents Tenant from using a portion of the Premises) commencing on the sixth (6th) consecutive business day following Landlord's receipt of notice of the Abatement Event for such period of time that Tenant continues (as a result of the negligence Abatement Event) to be so prevented from using, and does not use, the Premises or wrongful conduct a portion thereof, in proportion that the rentable area of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptionthat Tenant is prevented from using, then the amount of each daily abatement of Base Rent shall only be proportionate and does not use, bears to the nature and extent total rentable area of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant Subtenant shall make its own arrangements with appropriate the applicable utility or service companies for its own service for any the provision of all utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directlyservices, including, without limitation, water, sewer, electricity, gas, heating fuels, and Tenant telephone service, which are required for the use of the Sublet Premises for the Permitted Uses, and shall promptly pay when due all costs with respect to same, such payments to be made, to the extent possible, charges therefor directly to the company which provides such service. If Sublandlord is notified that a lien will be placed upon the Sublet Premises as a result of Subtenant's nonpayment of any such utility or service provider or to the appropriate party charged with collecting the samecharge, the foregoing to include all then Sublandlord may pay such charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesand notify Subtenant thereof, and Tenant Subtenant shall pay the same to Sublandlord as Additional Rent with the next installment of Base Rent becoming due. In no event shall Sublandlord be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish charges for any utilities or services to consumed by Subtenant at the Leased Premises and shall not be liable Sublet Premises. If, for any interruption reason whatsoever other than a negligent act or failure omission or a willful act or omission of Subtenant and its officers, directors, employees, contractors, servants or agents, or a default by Subtenant hereunder, any utilities or services which are required for Subtenant's use of the Sublet Premises for the Permitted Uses are interrupted, Tenant shall promptly so notify Sublandlord in the supply writing. If resumption of any such utilities or services does not occur within sixty (60) days after the commencement of such interruption, and the lack of such utilities or services continues to materially impair Subtenant's then-current use of the Sublet Premises or a material portion thereof, Subtenant shall have the right to terminate this Sublease at any given time thereafter while such interruption continues by giving to Sublandlord a written notice of termination stating the date on which this Sublease shall terminate. If the unavailability of such utilities or services materially impairs Subtenant's then-current use of the Premises or a material portion thereof for a period of more than ten (10) consecutive days, Rent shall be abated proportionately according to the Leased Premises. No interruption or failure of utilities shall result in extent to which the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Subtenant's use and (ii) such Service Interruption occurs or continues as a result occupancy of the negligence Sublet Premises are so affected, for the period commencing on the date such utilities or wrongful conduct services became unavailable and ending on the date on which such condition is cured or this Sublease terminates, as the case may be. Subtenant shall not connect to the Building's electrical system any equipment which operates in excess of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result current capacity of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisessystem without Sublandlord's prior written consent.

Utilities. Except to the extent the same are part of Operating Costs or part of Landlord’s Maintenance, Tenant shall make arrangements obtain and pay for all water, gas, heat, light, power, telephone, sewer, sprinkler, and HVAC charges and other utilities and services used on or from the Premises (collectively, “Utility Services”), together with appropriate utility any taxes, penalties, surcharges or service companies the like pertaining thereto, and any maintenance charges for its own service such utilities, and shall furnish all electric light bulbs and tubes. In no event shall Landlord be liable or responsible for any utilities and/or services loss, damage, or expense that are Tenant may sustain or incur, or be in default hereunder as a result of, any change, failure, interference, disruption or defect in the supply or character of the Utility Services furnished to serve the Leased Premises, or if the quantity or character of the Utility Services supplied by a utility service provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability or unsustainability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under the Lease. Notwithstanding anything contained in this Lease to the contrary, if, due to reasons within Landlord’s control, any of the Utility Services should become unavailable and should remain unavailable for a period of four days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render a Substantial Portion of the Premises exclusively or directly and that can be billed to Tenant directlyuntenantable, and Tenant shall promptly pay all costs with respect to samedoes not occupy the Premises, then commencing upon the expiration of such payments to be madefour-day period, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges Tenant’s Rent will xxxxx so long as such services remain unavailable for such utilities reasons. Without limiting those reasons for an irregularity or servicesstoppage of Utility Services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord’s control. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation abatement right set forth herein will not apply in case of damage to furnish any utilities or services to destruction of the Leased Premises and shall not be liable for any interruption or failure in the supply direct result of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Alterations by Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct willful misconduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Owner shall have the option to have: (i) Tenant shall make arrangements with appropriate utility or pay promptly all charges for heating, natural gas and electrical service companies for its own service for any utilities and/or services that are to serve used on the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the appropriate public utility company. If Tenant shall fail to pay any utilities as required above, Owner shall have the right, at his option, but without any obligation to do so, to pay such utilities (without affecting any other remedy available to Owner) on account of Tenant and the same shall constitute Additional Rent hereunder and shall be repaid by Tenant to Owner forthwith; or service provider or to the appropriate party charged with collecting the same, the foregoing to include (ii) Tenant pay all charges for such heating, natural gas and electrical service used on the Premises as Additional Rent pursuant to Rider I. Owner shall make an election pursuant to this paragraph from time to time, by 30 day notice to Tenaxx. Xxner may elect to have certain utilities or servicespaid pursuant to (i) above and to have other utilities paid pursuant to (ii) above. All internal If Owner makes no written election, then all utilities that are separately metered shall be separately metered. All costs for external utilities paid pursuant to (i) above and all items that are not separately metered shall be included paid pursuant to (ii) above. Notwithstanding the above, Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring installations. Any risers or wiring to meet Tenant's excess electrical requirements will be installed by Owner at the sole cost and expense of Tenant (if, in Operating ExpensesOwner's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants). If initially Tenant is paying all or any public utilities pursuant to (ii) above, Owner may at its option, upon not less than 30 days prior written notice to Tenant discontinue the availability of such utility service. If Owner gives any such notice of discontinuance, Owner shall make all necessary arrangements with the public utility supplying the utilities to the area in which the Building is located with respect to obtaining such utility service to the Premises, but Tenant will contract directly with such public utility for the supplying of such utility service to the Premises. In the event Owner deems it appropriate to make available separately metered service to the Premises, Owner may require that separate submeters be installed in or for the Premises, at Owner's expense, and Tenant will be billed monthly from such sub-meter in a manner provided hereinbefore, provided that no such sub-metering shall relieve Tenant from its obligation to pay Tenant's share of other utility charges under this paragraph. Owner shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of any utility service is changed or no longer available or is no longer suitable for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises's requirements.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve From and after the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Possession Date Tenant shall be responsible liable for Tenant’s Proportionate Share thereofand shall pay directly all charges, rents and fees (together with any applicable taxes or assessments thereon) when due for water, gas, electricity, air conditioning, heat, septic, sewer, refuse collection, telephone and any other utility charges or similar items in connection with the use or occupancy of the Premises during the Term of this Lease. From and after the Possession Date Landlord shall not be under no obligation to furnish responsible or liable in any utilities way whatsoever for the impairment, interruption, stoppage, or other interference with any utility services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; providedcaused by Landlord, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s its agents, employees, contractors or invitees licensees. In any event no interruption, termination or cessation of utility services to the Premises shall relieve Tenant of its duties and obligations pursuant to this Lease, including, without limitation, its obligation to pay all Rent as and when the same shall be due hereunder. Notwithstanding the foregoing, if: (i) any person claiming by, through or under Essential Service (as defined in the following sentence) is discontinued to the Premises for more than 15 consecutive business days following notice thereof from Tenant (a “Service Interruption”), and to Landlord; (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or discontinuance results solely from Landlord’s agentsnegligent or willful act or omission, employees and does not also result in whole or contractors, in part from any unavoidable delay or Legal Requirement; and (iii) such Service Interruption continues discontinuance renders all or any significant portion of the Premises untenantable and all or such portion of the Premises is not used by Tenant for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affectedits business, then there shall be an abatement Rent (except to the extent any Additional Rent relates to any of one dayLandlord’s Rent for each day during which services performed in such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service InterruptionPremises) shall thereupon axxxx, then based upon the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent portion of the interruption Premises so rendered untenantable and not used by Tenant until such discontinuance is remedied. Essential Service means any of Tenant’s normal operations the following: heating or ability air-conditioning (as seasonally required), office electricity, water, or plumbing. The abatement provided for in this subsection shall not apply to use the Leased Premisesany discontinuance of an Essential Service caused by casualty or condemnation.

Utilities. The Landlord and the Tenant agree that the responsibility for making all of the arrangements necessary to furnish the utilities, including having billing in his or their names, shall make arrangements with appropriate utility or service companies be assigned as set forth in Schedule A. Utility bills paid for its own service for any utilities and/or services that are by Landlord on Tenant’s behalf will be subject to serve the Leased Premises exclusively or directly and that can be billed to a $15 administrative fee per billing period per utility. The Tenant directly, and Tenant shall promptly will pay all costs bills as listed on Schedule A. The Tenant will furnish all other utilities and agree to make all arrangements necessary to furnish these utilities and to have the billing in their name. Failure to obtain and maintain these basic utilities will be considered a violation of this Lease and will be grounds for eviction. Any extraneous utilities such as phone, cable TV, etc., are optional and are the full responsibility of the Tenant and must be in Tenant’s name. In the case where utilities are charged to Landlord in one xxxx, the Tenant will be provided with respect to same, such payments to be made, to the extent possible, directly to a xxxx statement each month depicting the utility or service provider or amount charged to that unit. The charges are calculated based on the appropriate party charged with collecting number of Tenants in each unit divided by the same, total number of Tenants for the foregoing to include entire building. The number of Tenants is always the number of individuals signed on a lease. Water xxxx: Tenants whose rental unit consists of a complete house: “Tenant is totally responsible for all charges for such utilities or serviceswater, sewage disposal, and storm sewer services furnished to the premises by the City of Xxx Arbor. All internal utilities Tenant understands that no service shall be separately meteredcommenced to the above address until there has been deposited with the Utilities Department a sum sufficient to cover twice the average quarterly xxxx ($ minimum) and a copy of this lease including any requirement for additional deposit. All costs Tenant agrees that if any quarterly xxxx exceeds the average xxxx for external utilities that are not separately metered shall quarter by 50% or more, Tenant will increase the deposit to an amount equal to twice the amount of that quarter’s xxxx. The increased deposit must be included in Operating Expensesprovided within 10 calendar days of the City’s mailing of the notice to Tenant. Tenant understands that payment of charges for water, sewage disposal, and Tenant shall storm sewer services including any requirement for additional deposit, may be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or enforced by discontinuing the services to the Leased Premises premises. If there is not a remote readout device, Tenant agrees that lessor/owner may provide the Utilities Department with a key to the premises to have access to the water meter. Tenant further consents to entry by the Utilities Department to the premises for purposes related to access the water meter. Tenant agrees that for purposes of entry for access to the water meter, any notices for entry required from the Landlord/Owner under City Code Section 8:529 (I) may be issued by and shall not be liable for any interruption or failure in the supply name of any such utilities or services the City of Xxx Arbor Utilities Department. Tenant agrees that if entry is refused, the City may immediately shutoff service to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruptionpremises.”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or all electricity and telephone charges used at the Premises, together with any taxes, penalties, surcharges, maintenance charges (except to the appropriate party charged with collecting extent Landlord is obligated to maintain the sameUtility Infrastructure), and the foregoing like pertaining thereto. Tenant shall obtain telephone and computer line service to include the Premises. Except for electricity and telephone service, Tenant's use of all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for part of Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease's Costs; provided, however, that if (i) an interruption or cessation Tenant's use of utilities shall occurany utility exceeds building-standard service, except if the same is due to any act or neglect of Landlord may, at Tenant's expense, separately meter and xxxx Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result portion of Tenant's Costs (but at the negligence or wrongful conduct full cost, not Tenant's Proportionate Share thereof) directly for its use of the Landlord or Landlord’s agentsany such utility service, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptionin which case, the conduct of amount separately billed to Tenant for above building-standard utility service shall not be duplicated in Tenant’s normal operations 's obligation to pay additional rent under Paragraph 2C. If Landlord fails to maintain the Utility Infrastructure as provided in Paragraph 4A such that Tenant's business in the Leased Premises are is materially and adversely affectedaffected (for purposes of this Section 8, "Landlord's Utility Failure"), Tenant shall notify Landlord of Landlord's Utility Failure. If Landlord's Utility Failure continues for a period of three (3) consecutive business days following Tenant's notice to Landlord, then there Tenant shall thereafter be entitled to an equitable abatement of Rent until such failure is cured. If Landlord commences cure of Landlord's Utility Failure within three (3) business days after Tenant's notice, and thereafter diligently pursues cure, then beginning with the sixth (6th) consecutive business day of Landlord's Utility Failure, Tenant shall be an entitled to a day of Rent abatement for that portion of one day’s Rent the Premises materially and adversely affected by Landlord's Utility Failure for each day during which that such Service Interruption failure continues. If Landlord does not timely commence cure, and Landlord's Utility Failure continues after for a period of thirty (30) consecutive business days following Tenant's notice, Tenant may terminate this Lease by delivering written notice of such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate termination to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesLandlord.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are pay during the Lease Term and prior to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include delinquency all charges for such utilities water, gas, light, heat, power, electricity, telephone or servicesother communication service, janitorial service, trash pick-up, sewer and all other services supplied to Tenant or consumed by Tenant on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. All internal utilities Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services are not separately metered. All costs for external utilities that billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be included in Operating Expenses, a Common Area Charge and Tenant shall be responsible for pay, as Additional Rent, Tenant’s Proportionate Share thereof. 's proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such meter shall be under no obligation to furnish any utilities or services to based upon the Leased Premises and shall not be liable for any interruption or failure square footage of the gross leasable area in the supply Premises as a percentage of the total square footage of the gross leasable area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the cost of Tenant's excess use of any or all such utilities Services. The lack or services to the Leased Premises. No interruption or failure shortage of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is any Services due to any act cause whatsoever (except for a lack or neglect shortage proximately caused by the negligent acts or willful misconduct Landlord or that of Tenant or Tenant’s its agents, employees, contractors or invitees or invitees) shall not affect any person claiming by, through or under obligation of Tenant (a “Service Interruption”)hereunder, and (ii) such Service Interruption occurs Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdeduction.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possiblepay, directly to the utility or service provider or appropriate supplier, the cost of all natural gas, heat, cooling, energy, light, power, sewer service, telephone, water, refuse disposal and other utilities and services supplied to the appropriate party charged Premises, allocable to the period from the time Tenant shall first enter the Premises, throughout the Lease Term and thereafter as long Tenant shall remain in the Premises (collectively, “the Occupancy Period”), together with collecting the sameany related installation or connection charges or deposits (collectively “Utility Costs”). If any services or utilities are jointly metered with other premises, the foregoing to include all charges for Landlord shall make a reasonable determination of Tenant’s proportionate share of such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, Utility Costs and Tenant shall be responsible for Tenant’s Proportionate Share thereofpay such share to Landlord in accordance with Section 4.02. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for damages, consequential or otherwise, nor shall there be any interruption or failure in the supply rent abatement arising out of any such utilities curtailment or services to interruption whatsoever in utility services. Utilities serving the Leased PremisesOutside Areas (as defined in Article Eight) exclusively shall be accounted for as described in Article Eight. No interruption or failure of utilities shall result in Notwithstanding the termination of this Lease; providedforegoing, however, that if if: (i) Landlord is the sole and direct cause of an interruption or in the foregoing described utilities to the Premises for a period in excess of two (2) consecutive business days after Tenant notifies Landlord of such cessation of utilities shall occur, except if (the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service InterruptionInterruption Notice”), and ; (ii) such Service Interruption occurs cessation is not caused by a fire or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, other casualty (in which case Article 11 shall control); and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptioncessation, the conduct of Tenant’s normal operations Premises, or a material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Leased Premises are materially and adversely affectedPremises, or material portion thereof, then there Tenant, as its sole remedy, shall be entitled to receive an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to and Xxxxxx’s Pro Rata Share of Total Operating Costs payable hereunder during the nature and extent period beginning on the third (3rd) consecutive business day following Landlord’s receipt of the interruption Interruption Notice and ending on the day when the utility in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in utility service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly all code requirements and that can plans and specifications which must be billed to Tenant directly, and approved in writing by Landlord. Tenant shall be solely responsible for and promptly pay all costs with respect to samecharges for use or consumption of sewer, such payments to be madegas, electricity, water and all other utility services. Landlord will initially make electrical service available to the extent possiblePremises as provided in Exhibit "D," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay landlord for the electrical service (based upon Landlord's REASONABLE determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to tenant from time to time by the utility company which otherwise would furnish such services to the premises if it provided such services and metered the same directly to the utility or service provider or premises, but in no event at a cost which is less than the cost landlord must pay in providing such electrical service. Landlord will initially supply water and may supply other utilities to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensespremises, and so long as landlord continues to provide water or such other utilities tenant shall pay landlord for same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such service, and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Subject to the applicable rules and regulations of the Illinois Public Service Commission, Landlord may Provide a shared tenant telecommunications service to the Premises and so long as Landlord continues to provide such telecommunications service Tenant agrees to purchase the same from Landlord and pay Landlord for the telecommunications service at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such telecommunications service. Tenant shall operate its heating and air conditioning so that the temperature in the Premises will be the same as that in the adjoining mall, and set Tenant's thermostat at the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for Tenant’s Proportionate Share thereofthe installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and all other components. Landlord Tenant shall be under no obligation to furnish any utilities or services to operate ventilation so that the Leased Premises and shall not be liable for any interruption or failure relative air pressure in the supply of any such utilities Premises will be the same as or services to the Leased Premises. No interruption or failure of utilities shall result less than that in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if adjoining mall as required by the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Tenant shall make arrangements obtain and pay for all electricity, heat, telephone, used at the Premises, together with appropriate utility any taxes, penalties, surcharges, maintenance charges, and similar charges pertaining to Tenant’s use of the Premises. Tenant shall heat the Premises as necessary to prevent any freeze damage to the Premises or service companies any portion. Tenant’s use of electric current shall at no time exceed the capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises. Landlord may, at Tenant’s expense, separately meter and xxxx Tenant directly for its own service for use of any utilities and/or services that are to serve such utility service, in which case the Leased Premises exclusively or directly and that can be amount separately billed to Tenant directly, and Tenant for Building standard utility service shall promptly pay all costs with respect to same, such payments to not be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included duplicated in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereofobligation to pay Additional Rent under Section 2.3. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in of utility service to the supply Premises, unless such interruption is the result of Landlord’s gross negligence or willful misconduct, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in or other services to the termination of this Lease; provided, however, that if (i) an Premises. Any interruption or cessation of utilities failure in any utility or service shall occurnot be construed as an eviction, except if the same is due to any act constructive or neglect actual of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (as a “Service Interruption”)breach of the implied warranty of suitability, and (ii) such Service Interruption occurs shall not relieve Tenant from the obligation to perform any covenant or continues agreement under this Lease. In no event shall Landlord be liable for damage to persons or property, including, without limitation, business interruption, damages, or shall Landlord be in default under this Lease, as a result of any such interruption or failure. All amounts due from Tenant under this Section 8 shall be payable within ten (10) days after Landlord’s request for payment. Notwithstanding anything to the contrary contained in this Section 8, if an interruption or termination of utility service results from the gross negligence or wrongful conduct willful misconduct of the Landlord or Landlord’s agentsany of its employees, employees agents or contractors, contractors and (iii) such Service Interruption continues for more than one at three (13) full business days after such interruption or cessation, Rent shall thereafter be abated for the period which commences on the fourth (4th) business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, interruption or cessation and ends on the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which date such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises utility service is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesrestored.

Utilities. Tenant Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases, for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall make arrangements with appropriate arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, the Seller shall pay such xxxx on or service companies for its own service for any utilities and/or services that are before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to serve the Leased Premises exclusively or directly and that can be billed period prior to Tenant directlythe Closing, and Tenant the Buyer shall promptly pay all costs such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to sameany Property for cable, such payments to be made, to the extent possible, directly to the utility internet or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges phone services for such utilities or services. All internal utilities Property shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to prorated as of the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Leaseapplicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), shall not be prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) an interruption or cessation conduit access from the street to the data communication closets of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), applicable Property and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, phone and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result coaxial wiring in each unit of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate Property back to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisescentral media panel in such unit. 39 Section 8.5.

Utilities. Tenant shall make arrangements with appropriate utility or service companies be solely responsible for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect charges for heat, water, gas, electric, sewer service and any other utility service used or consumed on the Leased Premises. If Tenant is responsible for any utility that is also provided to sameother users, or is billed through Landlord, Tenant shall, within ten (10) days from presentation of the statement for such payments utility service, pay to be madeLandlord, to as additional rent under the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the sameterms hereof, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services full amount of said statement if it represents utility service furnished to the Leased Premises only or (100%) percent of said statement if it includes utility service to an area greater than the Leased Premises. Landlord and Tenant shall not review any proration of utilities at the end of the first year of occupancy, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all Tenants and adjust such percentage if necessary. If Landlord so requests, Tenant shall arrange with all appropriate utility companies to pay the utilities used on the Leased Premises and to have the same billed to Tenant at the address designated by Tenant. In no event shall Landlord be liable for any interruption or failure in the supply of any such utilities or services utility to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to If any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in utility company serving the Leased Premises are materially determines that an additional service, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenant’s use and adversely affectedoccupancy of the Building, then there nature of operation and/or consumption of utilities, said expense shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; providedborne solely by Tenant. Said expense shall be paid promptly, however, that if and any part of repairs or modifications requested by the Leased Premises is reasonably useable for Tenant’s normal business operations or if utility company shall be performed by Tenant conducts all or immediately and without any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdelay.

Utilities. Tenant shall make arrangements with appropriate timely pay the cost (including related taxes and charges) of all utility services (including without limitation water, gas, propane, diesel, electricity, sewer, waste, telecommunications and data) used on or service companies for its own service for any utilities and/or services that are provided to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Project. Tenant shall promptly obtain utility services for the Premises in Tenant’s own name and timely pay all for the costs with respect to same, such payments to be made, to the extent possible, therefor directly to the respective utility provider. Tenant may select its own telecommunications or data service provider or to and will pay the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensescost therefor, and Tenant shall Landlord will not be responsible for Tenant’s Proportionate Share thereofproviding any such service connections to the Building. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be responsible or liable for any interruption in utilities or failure services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, constitute an eviction, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease. Notwithstanding the foregoing, if any interruption or discontinuance of utilities is caused by the gross negligence or willful misconduct of Landlord or its employees, or by any person acting for Landlord or on its behalf, and if such interruption or discontinuance continues beyond 3 consecutive business days and materially and adversely affects Tenant’s ability to conduct its business in the supply Premises, and on account of any such interruption or discontinuance, Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall xxxxx thereafter (as to the Premises or as to such material ​ portion thereof, as the case may be) and for the duration of such interruption or discontinuance. Landlord acknowledges that, under the Existing Lease, Tenant is currently already contracting with companies providing such utilities or services to the Leased Project, Building or the Premises. No interruption or failure of utilities shall result in the termination of , and agrees that such companies may continue to provide such services under this Lease; provided. Upon written request no more often than once a quarter, howeverTenant shall provide to Landlord reasonable utility consumption data and other related information (or, that if (i) at Landlord’s option, execute and deliver to Landlord an interruption or cessation of utilities shall occur, except if instrument enabling Landlord to obtain the same is due from the applicable provider). Tenant shall cooperate with Landlord to any act or neglect conduct ASHRAE (American Society of Tenant or Tenant’s agentsHeating, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), Refrigerating and (iiAir Conditioning Engineers) such Service Interruption occurs or continues as a result energy audits of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, Building and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.Project. ​

Utilities. Upon Tenant's request, Landlord shall use reasonable efforts to arrange for the following utilities to be furnished to the Property at Landlord's sole cost and expense: water, electricity, telephone, sewer, trash and rubbish removal, and any other utility service desired by Tenant and used on the Property. Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in connection with this paragraph, including without limitation any monthly or periodic service fees, taxes, penalties, surcharges, tap-on or connection fees or similar charges relating to such utilities and any charges associated with establishing utility service at the Property (collectively, "Utility Charges") shall not in any event exceed One Hundred Fifteen Thousand and No/100 Dollars ($115,000.00) per Lease Year (the "Utility Charges Cap"). If at any time Landlord is invoiced for or otherwise incurs any such Utility Charges in excess of the Utility Charges Cap, Tenant shall make arrangements with appropriate utility or service companies reimburse Landlord for its own service one hundred percent (100%) of all such charges and costs incurred by Landlord in excess of the Utility Charges Cap. To the extent that Tenant fails to reimburse Landlord for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Utility Charges due hereunder within ten (10) days following written demand therefor: (a) Tenant shall be responsible liable for Tenant’s Proportionate Share thereof. Interest on any unpaid amounts from the date paid by Landlord until the date that the full amount to be reimbursed plus all Interest accrued thereon has been paid to Landlord, and (b) Landlord shall be under no obligation entitled to furnish any discontinue utilities or services at the Property until all such amounts owed by Tenant, including all Interest accrued thereon, has been paid to the Leased Premises and Landlord. Tenant agrees that Landlord shall not be liable for damages, direct or indirect, by abatement of Rent or otherwise, for any failure, delay, diminution or interruption of any utilities or failure in services for any reason, except when such delays, diminutions or interruptions are caused by the supply gross negligence or willful misconduct of Landlord. Tenant shall have no right to terminate this Lease as a result of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an utility services and no such interruption or cessation failure of utilities utility services shall occur, except if the same is due be deemed to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (constitute a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct constructive eviction of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premises.

Utilities. Owner shall have the option to have: (i) Tenant shall make arrangements with appropriate utility or pay promptly all charges for heating, natural gas and electrical service companies for its own service for any utilities and/or services that are to serve used on the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the appropriate public utility company. If Tenant shall fail to pay any utilities as required above, Owner shall have the right, at his option, but without any obligation to do so, to pay such utilities (without affecting any other remedy available to Owner) on account of Tenant and the same shall constitute Additional Rent hereunder and shall be repaid by Tenant to Owner forthwith; or service provider or to the appropriate party charged with collecting the same, the foregoing to include (ii) Tenant pay all charges for such heating, natural gas and electrical service used on the Premises as Additional Rent pursuant to Rider I. Owner shall make an election pursuant to this paragraph from time to time, by 30 day notice to Xxxxxx. Owner may elect to have certain utilities or servicespaid pursuant to (i) above and to have other utilities paid pursuant to (ii) above. All internal If Owner makes no written election, then all utilities that are separately metered shall be separately metered. All costs for external utilities paid pursuant to (i) above and all items that are not separately metered shall be included paid pursuant to (ii) above. Notwithstanding the above, Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring installations. Any risers or wiring to meet Tenant's excess electrical requirements will be installed by Owner at the sole cost and expense of Tenant (if, in Operating ExpensesOwner's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants). If initially Tenant is paying all or any public utilities pursuant to (ii) above, Owner may at its option, upon not less than 30 days prior written notice to Tenant discontinue the availability of such utility service. If Owner gives any such notice of discontinuance, Owner shall make all necessary arrangements with the public utility supplying the utilities to the area in which the Building is located with respect to obtaining such utility service to the Premises, but Tenant will contract directly with such public utility for the supplying of such utility service to the Premises. In the event Owner deems it appropriate to make available separately metered service to the Premises, Owner may require that separate submeters be installed in or for the Premises, at Owner's expense, and Tenant will be billed monthly from such sub-meter in a manner provided hereinbefore, provided that no such sub-metering shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no relieve Tenant from its obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply pay Tenant's share of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of other utility charges under this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesparagraph.

Utilities. Tenant Lessor shall make arrangements with appropriate utility or service companies at all times furnish water for its own service use in the fixtures of the Building, and shall furnish such heat and air conditioning for any utilities and/or services that are to serve the Leased Premises exclusively as may reasonably be required for the comfortable occupancy and use thereof. Except as provided in this Section 17, Lessor shall not be liable to Lessee and/or to Lessee’s privies in damages by abatement of rent or directly and that can otherwise for failure to furnish or delay in furnishing elevator service, heat, air conditioning, electrical service, janitor service, water, or my other service which Lessor may be billed obligated to Tenant directlyfurnish when such failure to furnish or delay in furnishing is occasioned by needful repairs, renewals or improvements, or by any accident or casualty whatsoever, or by any act of default of Lessee or other parties, or by any cause or causes beyond the reasonable control of Lessor. No failure, delay or default in furnishing elevators service, heat, air conditioning, janitor service, electrical service, water or other services, and Tenant no act of default of the property management agent shall promptly pay be considered or construed as an actual or constructive eviction of Lessee, nor shall it in any way operate to release Lessee from the Prompt and punctual performances of each and all costs with respect to same, such payments of the covenants herein contained by Lessee to be made, performed. Notwithstanding anything in this Lease to the extent possiblecontrary, directly to the utility if there is an interruption in heating, air conditioning or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or electrical services to the Leased Premises that continues for a period of ten (10) consecutive days and shall not be liable for any such interruption or failure in interferes with the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result use of the negligence or wrongful conduct of Lease Premises by the Landlord or Landlord’s agentsLessee, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there Lessee shall be entitled to an abatement of one day’s Rent rent for each day during which such Service Interruption continues the period of time after such one tenth day until the interruption is repaired or remedied. If such interruption continues for thirty (130) business day; providedconsecutive days, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of Lessee may cancel this lease unless the interruption of Tenantservices is caused by a governmental agency or its agents. Lessor shall at all times furnish electricity for lighting and office machines for Lessee’s space and also the halls, corridors and stairs of the Building and Lessee agrees not to be unreasonable in its use of said services in excess of normal operations or ability to use the Leased Premisescommercial use.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directlyManager agrees, and Tenant shall promptly pay all costs with respect to same, such payments to be madeat Manager’s expense, to furnish the extent possible, directly to the following utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises premises: ( ) electricity, ( ) gas, ( ) water, ( ) sewer, ( ) garbage collection, ( ) cable. Each utility service not provide at the expense of the Manager (i.e. not checked above) shall be provided to the premises at resident’s expense on a separate metering and/or billing basis either directly from the utility provider or on a sub metering, square footage or other billing basis by Manager. Resident agrees to pay all utility charges (including utility deposits) assessed by utility companies (or Manager in the case of utilities billed to resident by Manager) in connection with the use of all utility services provided to the premises which are separately metered and/or billed to resident during term of this lease, as such term may be extended, or the period of occupancy of the premises by resident, which ever is longer. Furthermore, if the resident fails to pay all utility charges assessed by utility companies in connection with the use of services for which the resident has herein agreed to pay, and Manager is assessed by the utility companies for these utility services, then Manager may pay these utility assessments to such utility company and subtract the like amount from residents security deposit. In the event resident becomes delinquent in the payment of rent (or in the event resident becomes delinquent with utility SAMPLE charges which are billed to resident by Manager) Manager may, unless prohibited by applicable law, on not less than twenty four (24) hours prior notice, cause any utility service to the premises which are included within the rent (or which are covered by the unpaid utility xxxxxxxx) to be terminated, without liability of any kind or nature to Manager. Manager shall not in no event be liable for any interruption or failure of utility services required to be furnished by Manager to the premises or any damages directly or indirectly caused thereby, the only obligation of Manager being reasonable diligence in its efforts to restore such services. Upon commencement of the term of lease, Manager shall furnish light bulbs and tubes of prescribed wattage for light fixtures located in the supply of any such premises; thereafter light bulbs and tubes shall be replaced by resident, at resident’s sole expense. Manager may modify the method by which utilities or services are furnished to the Leased Premises. No interruption premises and or failure of utilities shall result in billed to resident during the termination term of this Lease; providedlease, howeverincluding, that if (i) an interruption or cessation of utilities shall occur, except if the same is due but not limited to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result sub metering of the negligence premises for certain utility services or wrongful conduct of billing resident for utilities previously included within rent. In the Landlord or Landlord’s agentsevent the Manager chooses to modify utility service to the premises, employees or contractors, and Manager shall give resident not less than thirty (iii30) such Service Interruption continues for more than one (1) full business day after Landlord shall have received days prior written notice thereof from Tenant, and (iv) as a result of such Service Interruption, modification and the conduct of Tenant’s normal operations in amount by which the Leased Premises are materially and adversely affected, then there base rental payable hereunder shall be an abatement of one day’s Rent for each day during which adjusted in respect to such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesmodification.

Utilities. Tenant shall make arrangements with appropriate The LESSOR agrees to provide all other utility or service companies for its own service for any utilities and/or services that are and to serve furnish reasonably hot and cold water and reasonable heat and air conditioning to the Leased Premises exclusively or directly and that can be billed to Tenant directlyPremises, the hallways, stairways, elevators, and Tenant shall promptly pay lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service and to light passageway and stairway during business hours, all costs with respect subject to same, such payments interruption due to be madeany accident, to the extent possiblemaking of repairs, directly alterations, or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service, or supplies from the sources from which they are usually obtained for said building, or to any cause beyond the LESSOR's control. Notwithstanding anything to the utility contrary contained herein, in the event there is any failure or defect in service provider or furnished to the appropriate party charged with collecting Premises by LESSOR's direct control (as opposed to a public service utility company) or LESSOR determine to make any repairs, additions, alterations, replacements, decorations or improvements in the sameBuilding or the Premises, and LESSEE shall be unable for a least twenty-four (24) hours to operate its business in the Premises in substantially the same manner as such business was operated prior to such interruption, the foregoing to include all charges for such utilities or services. All internal utilities Base Rent shall be separately meteredreduced on a per diem basis in the proportion in which the area of the unusable portion of the Premises (i.e., the portion of the Premises in which LESSEE is unable to operate its business in substantially the same manner as such business was operated prior to such interruption) bears to the total area of the Premises, for each day subsequent to the aforesaid twenty-four (24) hour period that such portion of the Premises remains unusable. All costs If any such interruption continues for external utilities that are not separately metered a period in excess of thirty (30) days, in addition to any other rights LESSEE may have, LESSEE shall be included in Operating Expenses, and Tenant have the right to terminate this Sublease upon notice to LESSOR. LESSOR shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under have no obligation to furnish any provide utilities or services equipment other than the utilities and equipment within the Premises as of the Commencement Date of this Sublease. In the event LESSEE requires additional utilities or equipment, the installation and maintenance thereof shall be LESSEE's sole obligation, provided that such installation shall be subject to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result written consent of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased PremisesLESSOR.

Utilities. Tenant shall make arrangements contract directly with appropriate public utility or service companies providers for its own service for any all utilities and/or services that which are separately metered to serve the Leased Premises exclusively or and shall pay such utility providers directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the when due. If any utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are is not separately metered to the Premises, the cost of such utility consumed on the Premises, as reasonably determined by Landlord, shall be included in paid by Tenant as a part of Operating Expenses, and . Tenant’s obligation to pay for utilities provided to the Premises during the Term shall survive the expiration or earlier termination of the Lease. Tenant shall be responsible not utilize an alternative provider for Tenant’s Proportionate Share thereofa utility service other than the public utility provider servicing the Property unless Tenant shall first obtain the written consent of Landlord. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable or responsible for any interruption loss, damage, or failure expense that Tenant may sustain or incur by reason of any change, failure, interruption, or defect in the supply or character of the electric energy furnished to the Premises or Building by the applicable utility provider. To ensure the proper functioning and protection of all utilities, Tenant agrees to abide by all reasonable regulations and requirements which Landlord may prescribe and to allow Landlord and its utility providers’ access to all electric lines, feeders, risers, and wiring within the Premises. Notwithstanding the provisions of this Section 16, in the event the Building experiences an interruption of electrical, telephone, HVAC or water service, which in any such utilities case prevents Tenant from utilizing the Premises (or services portion thereof) to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant conduct its business (a “Service InterruptionFailure”), and ) which Service Failure is due to Landlord’s actions (ii) such Service Interruption occurs or continues i.e. not as a result of the negligence or wrongful conduct inability of Landlord to obtain the applicable utility service through no fault of Landlord or Landlord’s agents(a “Controllable Service Failure”), employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received commence and diligently pursue the curative action within a commercially reasonable amount of time after written notice thereof from TenantTenant of a Controllable Service Failure. Notwithstanding the foregoing, and if Tenant does not conduct business in the Premises (ivor portion thereof) as a result of such a Controllable Service InterruptionFailure, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there Tenant shall be entitled to an equitable abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of in proportion to the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate subject to the nature and extent Service Failure) with respect to a Controllable Service Failure commencing with the [***] ([***]) consecutive business day after Tenant’s notice to Landlord of the interruption of Tenant’s normal operations or ability to use Controllable Service Failure until such time as the Leased Premisesservices are restored and/or the applicable repair is made, as the case may be.

Utilities. Landlord agrees to provide Building standard water, gas and electricity service connections to the Building. Tenant shall make arrangements pay to bring such utilities to the Premises and for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or from the Premises, together with appropriate utility any taxes, penalties, surcharges or service companies the like pertaining thereto and any maintenance charges for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly utilities, as well as shall furnish all electric light bulbs and that can be billed to Tenant directly, tubes. Landlord and Tenant shall promptly pay acknowledge and agree that all costs with respect to same, such payments to be made, utility services other than water serving some portions of the Premises are separately metered to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately meteredPremises and are in Tenant’s name. All costs for external associated with the provision of any water to the Premises that is not billed directly to Tenant will, at Landlord’s option, either: (a) be billed directly by Landlord to Tenant and paid by Tenant within 30 days after receipt of such billing; or (b) included as part of Basic Costs and paid by Tenant in accordance with the provisions of Exhibit C attached hereto. The failure by Landlord to any extent to furnish, or the interruption or termination of utilities that are in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any other cause shall not separately metered render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof Tenant shall be included in Operating Expensesallow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, wiring, and Tenant shall be responsible for Tenant’s Proportionate Share thereofany other machinery within the Premises. Landlord shall be under no obligation to furnish any utilities or services Notwithstanding anything to the Leased Premises and shall not be liable for any interruption or failure contrary contained in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; providedSection 6, however, that if (i) an interruption Landlord or cessation of utilities shall occur, except if the same is due to any act or neglect of Tenant or Tenant’s agents, its employees, contractors agents or invitees representatives is the sole and direct cause of any interruption of water, gas or any person claiming byelectricity to the Premises which continues for five (5) consecutive Business Days, through or under Tenant (a “Service Interruption”), and (ii) the restoration of such Service Interruption occurs or continues as a result service is reasonably within the control of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptioninterruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affectedor a material portion thereof, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one is rendered untenantable (1) business day; provided, however, meaning that if any part of the Leased Premises Tenant is reasonably useable for Tenant’s normal business operations or if Tenant conducts unable to use all or any part of its operations in any a material portion of the Leased Premises notwithstanding such Service Interruptionin the normal course of its business), and (iv) Tenant in fact ceases to use the Premises, or material portion thereof, then the amount of each daily Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent shall only be proportionate and Additional Rent payable with respect to the nature and extent such portion of the Premises which is untenantable during the period beginning on the sixth (6th) consecutive Business Day of such interruption of Tenant’s normal operations or ability to use and ending on the Leased Premisesday when the service in question has been restored.

Utilities. Tenant Lessee shall make arrangements with appropriate pay the cost of all water, sewer use and connection fees, gas, heat, electricity, refuse pickup, janitorial service, telephone and other utilities billed or metered separately to the Premises and/or Lessee. Lessee shall also pay 100% of any assessments or charges for utility or service companies similar purposes included within any tax xxxx for its own service for the Lot on which the Premises are situated. For any utilities and/or services that are to serve the Leased Premises exclusively such utility fees or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all use charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not billed or metered separately to Lessee, Lessee shall pay to Lessor, as additional rent, without prior notice or demand, except as otherwise provided herein on the first (1st) day of each month throughout the term of this Lease the amount which is attributable to Lessee's use of the Premises ("Utility Expenses"). If Lessee disputes any such estimate or determination, then Lessee shall either pay the estimated amount (subject to Lessee's right to conduct an audit, as provided above) or cause the Premises to be separately metered at Lessee's sole expense. In addition, Lessee shall be included in Operating Expensespay; Lessor as additional rent, and Tenant shall be responsible for Tenant’s Proportionate Share 100% of any Common Area utility costs, fees, charges or expenses ("Common Area Utility Costs") within fifteen (15) days after receiving a xxxx from Lessor. Lessee acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Landlord shall be under no obligation to furnish Notwithstanding any utilities such rationing or services to the Leased Premises and shall not be liable for any interruption or failure in the supply restrictions on use of any such utilities utility services, Lessee acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be governmentally imposed or services imposed by a utility company upon Lessor, Lessee, the Premises, the Building or the Park, and Lessee shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Lessee by reason of any such rationing or restrictions. Lessee further agrees to pay and discharge, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition attributed to the Leased Premises. No interruption or failure of utilities shall result in the termination Term of this Lease; providedLease and levied, howeverassessed or imposed upon the Premises, that if (i) an interruption or cessation of utilities shall occurLessee's use and occupancy thereof, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result directly or indirectly of the negligence any such rationing or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesrestrictions.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for obtain in its own service for any name and pay directly to the appropriate supplier the cost of all utilities and/or and services that are to serve serving the Leased Premises exclusively Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly and that can be billed to Tenant directly, by the utilities or services providers) and Tenant shall promptly pay all costs with respect such share to sameLandlord within thirty (30) days after receipt of Landlord's written statement. Without limiting the foregoing, such payments to be madefollowing the Expansion Date, to the extent possible, directly to the utility if any services or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services supplied to the Leased Premises and are jointly metered with property outside of the Property, Landlord shall make every effort to submeter the Leased Premises from such property. Landlord shall not be liable in damages or otherwise for any failure or interruption or failure in the supply of any utility or other Building service and no such utilities failure or services interruption shall entitle Tenant to the Leased Premises. No interruption terminate this Lease or failure of utilities shall result in the termination of this Leasewithhold sums due hereunder; provided, however, that if Landlord shall use good faith, diligent efforts to restore such services or utilities as soon as possible. Notwithstanding the foregoing, in the event that (ia) an interruption or cessation of utilities shall occur, except if the same is due utility service to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenantdue to Landlord’s normal business operations negligence or if Tenant conducts intentional wrongful acts, (b) the restoration of such utility service is within Landlord's control, and (c) such interruption renders all or any part of its operations in any a portion of the Leased Premises notwithstanding untenantable (meaning that Tenant is unable to use, and does not use, such Service Interruptionspace in the normal course of its business for the Permitted Use) for more than three (3) consecutive business days, then the amount of each daily abatement of Base Minimum Annual Rent shall only be proportionate xxxxx proportionately with respect to the nature and extent portion of the interruption Leased Premises rendered untenantable on a per diem basis for each day after such three (3) business-day period during which such portion of Tenant’s normal operations or ability to use the Leased PremisesPremises remains untenantable. Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof.

Utilities. Commencing on the earlier of the Commencement Date or the date Landlord delivers possession of the Premises to Tenant, Tenant shall make arrangements with appropriate also pay when due, without demand, offset or deduction, as additional rent during the Lease Term, all charges for utilities furnished to or for the use or benefit of Tenant or the Premises. Consumption charges for all utilities for the Premises that have been separately metered by Landlord or the utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can provider shall be billed to paid by Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all when due. Consumption charges for such any utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered to a particular tenant in the Building shall be included within the definition of Operating Expenses and recoverable by Landlord as provided in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this LeaseSection 7 above; provided, however, that if (i) an interruption if Tenant and one or cessation more (but less than all) other tenants of utilities the Project share a utility meter, then Tenant shall occur, except if the same is due to any act or neglect pay Landlord monthly one-twelfth (1/12) of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)annual estimated pro-rata share of consumption charges for such shared utility service as equitably determined by Landlord, and (ii) such Service Interruption occurs or continues to the extent Tenant uses a disproportionate amount of water and sewer service as a result reasonably determined by Landlord, Landlord shall have the right to submeter Tenant’s usage of water and sewer service and collect from Tenant monthly, in advance, one-twelfth (1/12th) of the annual estimated consumption charges for such services, which amounts shall be reconciled annually together with Landlord’s reconciliation of Operating Expenses. Except to the extent of Landlord’s negligence (unless waived pursuant to Section 15.C. herein), Landlord shall not be liable for damages or wrongful conduct otherwise, and Tenant shall have no right of demand, offset, abatement or deduction, if any utility provider’s service to the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or any other causes beyond the reasonable control of Landlord. If any public authorities require a reduction in energy consumption in the use or operation of the Building or Project, Tenant agrees to conform to such requirements. Except as otherwise provided herein, Landlord shall not be liable for damages or otherwise, and Tenant shall have no right of demand, offset, abatement or deduction, if any utility provider’s service to the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or any other causes beyond the reasonable control of Landlord. Notwithstanding the foregoing, in the event (i) either (x) such interruption or impairment of service is caused by the negligence of Landlord or Landlord’s agentsits contractors, agents or employees or contractors(y) such interruption or impairment is not caused by Tenant’s acts or omissions and Landlord fails to take all commercially reasonable steps to restore such service as soon as reasonably possible, (ii) the interruption or impairment of service continues for a period of three (3) consecutive business days, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, interruption or impairment of service the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affectedrendered untenantable, then there in such case the payment of Rent shall be an equitably xxxxx in proportion to the area of the Premises rendered untenantable by such disrupted utility beginning on the fourth (4th) day and such abatement of one day’s Rent for each day during which shall continue until such Service Interruption continues after such one (1) business day; service is restored to the Premises, provided, however, that if any part (a) in no event shall the abatement exceed the actual amount of insurance proceeds recovered by Landlord under its rent loss insurance for the Leased Premises is reasonably useable for Project, (b) a condition precedent to Tenant’s normal business operations right of abatement is that Tenant shall cooperate with Landlord and provide such information or if Tenant conducts all or any part of its operations certifications reasonably required in any portion of order to submit a claim for such rent loss insurance, and (c) the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate apply to the nature and extent the type of the interruption of Tenant’s normal operations utility interrupted is either gas, electric, water or ability to use the Leased Premisessewer.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party proper authorities charged with collecting the same, the foregoing to include collection thereof all charges for water, sewer, gas, electricity, telephone and other utilities or services used or consumed on the Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such utilities or services. All internal utilities , Tenant shall from time to time, within 20 days of receipt of Landlord’s invoice therefor, pay to Landlord Tenant’s Proportionate Fraction of the total of such charges for the Building and Lot provided that, at Landlord’s option, all such charges shall be separately meteredpayable by Tenant in accordance with Section 4.2.5. All costs for external utilities It is understood and agreed that are not separately metered shall be included in Operating Expenses, and Tenant (i) Landlord shall be responsible for Tenantbringing such utilities to a common switching point(s) at the Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the “Utility Switching Points”) as shown on plans described in Exhibit B at Landlord’s Proportionate Share thereof. cost and expense; (ii) Tenant shall pay for any and all costs to connect such utilities from such Utility Switching Points to the Building; (iii) Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises (beyond the foregoing responsibility to bring such utilities to the Utility Switching Points and as may be shown on the plans described in Exhibit B); and (iv) Landlord shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption in the event such loss or cessation of utilities shall occur, except if the same failure is due to any act Landlord’s negligence or neglect willful misconduct, Landlord shall be responsible for restoring the supply of Tenant or such utilities to the Premises but otherwise shall have no liability to Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result . Without limitation of the negligence foregoing, in the event of a Casualty or wrongful conduct Taking, if Landlord and Tenant reasonably determine and agree that utilities will not be repaired or restored so as to be available at the Utility Switching Points within one year after the occurrence of the Landlord such Casualty or Landlord’s agentsTaking, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord then Tenant shall have received the right to terminate this Lease by notice thereof from Tenant, and (iv) as a result given within 30 days after the date of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdetermination.

Utilities. Tenant shall make arrangements pay for all separately metered water, gas, heat, light, telephone, telecommunication, sewer and sprinkler charges and for other utilities and services used on or from the Premises, together with appropriate utility any taxes, penalties, surcharges or service companies the like pertaining thereto and any maintenance charges for its own service for utilities, and shall furnish all electric light bulbs and tubes. If any utilities and/or services that are to serve serving the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expensesmetered, and Tenant shall be responsible for Tenant’s Proportionate Share thereofpay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall be under in no obligation to furnish any utilities or services to the Leased Premises and shall not event be liable for any interruption damages directly or failure in indirectly resulting from or arising out of the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities utility services on the Premises. Tenant shall have no right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Notwithstanding the foregoing, if any Essential Service (as hereinafter defined) which Landlord is required to provide to the Premises pursuant to the terms of this Section is interrupted due to the negligence or willful misconduct of Landlord (a "Service Interruption") and such Service Interruption causes all or a material portion of the Premises to be untenantable (the "Affected Space") for a period of five (5) or more consecutive business days after written notice thereof from Tenant to Landlord (the "Interruption Notice"), then, provided that Tenant shall have ceased operating in the termination Affected Space, the Rent (including, without limitation, Base Rent and Additional Rent) shall xxxxx in the proportion that the rentable square footage of this Lease; providedthe Affected Space in which Tenant shall have ceased to operate its business bears to the rentable square footage of the Premises, howeverwhich abatement shall commence on the sixth (6th) business day following Landlord's receipt of the Interruption Notice and expire on the earlier of Tenant's recommencement of business operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, that if (i) an interruption in no event shall Tenant be entitled to abatement or cessation of utilities shall occur, except any other remedy if the same interruption of any Essential Service is due to any act caused in whole or neglect in part by the negligence of Tenant or Tenant’s , its agents, employees, contractors contractors, licensees or invitees or any person claiming byinvitees. Tenant agrees that, through or under Tenant (except as expressly set forth herein, the rental abatement described herein shall be Tenant's sole remedy in the event of a “Service Interruption”), and (ii) such Service Interruption occurs and Tenant hereby waives any other rights against Landlord, at law or continues as a result of in equity, in connection therewith, including, without limitation, any right to terminate this Lease, to claim an actual or constructive eviction, or to bring an action for money damages. Notwithstanding the negligence or wrongful conduct of foregoing, in the Landlord or Landlord’s agents, employees or contractors, and (iii) such event that the Service Interruption continues for more than one a period of ninety (190) full business day days after Landlord Landlord's receipt of the Interruption Notice and provided that Tenant shall have received ceased operating in the Affected Space, Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice thereof from Tenant, and to Landlord given within thirty (iv30) as a result days after the expiration of such ninety (90) day period (but in any event prior to the date that the Service InterruptionInterruption is remedied). For purposes of this Section, an "Essential Service" shall mean the conduct of service provided by the HVAC systems, plumbing and waste disposal systems and electrical systems (to the extent supplied by Landlord). Nothing contained herein shall limit Tenant’s normal operations 's right to abatement in the Leased Premises are materially case of a fire or other casualty or condemnation as provided in the "Fire and adversely affected, then there shall be an abatement Casualty Damage" or "Condemnation" Sections of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesthis Lease. 11. FIRE AND CASUALTY DAMAGE. 11.1.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are pay, prior to serve delinquency and throughout the Leased Premises exclusively or directly and that can be billed to Tenant directlyLease Term, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include all charges for water, gas, heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and all other services and utilities supplied to the Premises, including Tenant’s Premises Share, Tenant’s Lot 1 Share or Tenant’s Project Share, as relevant, of any such services or utilities or services. All internal utilities shall be separately metered. All costs for external utilities that which are not separately metered for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall be included in Operating Expenses, Expenses and paid directly by Tenant to such utility companies or third party providers prior to delinquency. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be responsible for paid by Tenant to Landlord based on Tenant’s Proportionate Premises Share thereofof Operating Expenses. Landlord All other charges for utilities and services shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure included in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result Operating Expenses recoverable by Landlord in the termination of this Leaseaccordance with Article IV; provided, however, that if notwithstanding anything to the contrary contained in this Lease, Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses arising from (i) an interruption the disproportionate use of any utility or cessation service supplied by Landlord to any other occupant of the Building, Lot 1, or the Project or (ii) associated with utilities shall occurof a type not provided to or for the benefit of Tenant. The disruption, except if failure, lack or shortage of any service or utility provided by Landlord with respect to the same is Premises, the Building, Lot 1 or the Project due to any act or neglect cause whatsoever shall not affect any obligation of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”)hereunder, and (ii) such Service Interruption occurs Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business daydeduction; provided, however, that within a reasonable time after Landlord’s receipt of written notice from Tenant specifying such failure, but in no event later than thirty (30) days after Landlord’s receipt of such written notice from Tenant, Landlord shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion, and provided further that: (i) if any part such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, if, despite such diligent efforts by Landlord, such interruption persists for a period in excess of the Leased Premises is reasonably useable for Tenant’s normal four (4) consecutive business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruptiondays, then the amount of each daily Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the fifth (5th) consecutive business day of such interruption an ending on the day the utility or service has been restored; and (ii) if such interruption is due to any reason other than the actions of Tenant or any Tenant Party, then, notwithstanding the fact that such interruption was not caused by Landlord’s failure to observe or perform its obligations hereunder, Tenant shall only be proportionate entitled to an abatement of Base Rent for the period such interruption commences until it ends to the nature extent (and extent only to the extent) that Landlord is actually reimbursed for such Base Rent abatement by any rental-loss insurance policy that Landlord is then carrying on the Project, the cost of which has been included in Operating Expenses. Notwithstanding anything herein to the contrary, in the event of an interruption due to a casualty, the terms of Tenant’s normal operations or ability to use Article VIII of this Lease shall supersede the Leased Premises.terms of this Article X.

Utilities. Tenant The COUNTY has endeavored to locate and show on the plans the approximate locations of all private and public utilities and facilities to be encountered during construction. However, it is possible that, during the WORK, unknown substructures requiring relocation or protection may be encountered. Such unknown buried objects will generally fall into two classes: Class I - Those requiring relocation or protection at the expense of the utility owner, and Class II - Those requiring relocation or protection at the expense of the COUNTY. For Class I utilities, the CONTRACTOR shall provide time and working space for protection or relocation activities and may be entitled to an extension of time for completion and/or extra compensation under the provisions of Subsection 6-4, “DELAYS AND EXTENSIONS OF TIME,” of the STANDARD SPECIFICATIONS. For Class II utilities, the COUNTY will make arrangements for the protection or relocation by the Owner or by the CONTRACTOR or by others. In the event, either the protection or the relocation is to be accomplished by the CONTRACTOR and shall be considered as included in the various CONTRACT County of Orange, OC Public Works items of work involved. In the event protection or relocation is accomplished by the owner or by others, the CONTRACTOR shall provide time and working space and may be entitled to an extension of time for completion and/or extra compensation under the provisions of said Subsection 402-5, “DELAYS DUE TO UTILITY CONFLICTS,” of the STANDARD SPECIFICATIONS. In the event any such unknown substructures should be disturbed or damaged, by no fault of the CONTRACTOR exercising reasonable care, the CONTRACTOR shall at once make necessary emergency repairs at no cost to the CONTRACTOR. Permanent repairs, if necessary, and/or relocation will be arranged by the COUNTY at no cost to the CONTRACTOR. Where facilities are to be relocated by others, as shown on the plans, the COUNTY will coordinate the relocation with appropriate the utility owner. In the event difficulties delay relocation, which cannot reasonably be foreseen, the ENGINEER may allow extra compensation and extra time to the CONTRACTOR. Add to Section 402, “UTILITIES”, of the STANDARD SPECIFICATIONS the following: The CONTRACTOR shall protect facilities shown on the plans, "To Be Relocated by Others," in both original and relocated positions, and any damage to such facilities shall be immediately repaired to the owner's satisfaction at no cost to the COUNTY. Prior to the commencement of work, the CONTRACTOR shall verify the location and depth of all utilities, including service laterals and service connections, which have been indicated on the plans or marked by the respective owners and which may affect or be affected by its operations. All utilities designated on the plans to be protected in place shall be carefully uncovered if located within the lines of excavation, and time shall be allowed for the ENGINEER to field-check the location of such utilities to make certain that they will not interfere with construction. In the event a utility conflict exists, the COUNTY will either arrange for utility owner to relocate the utility or service companies for its own service for adjust grade and/or alignment of the proposed improvement. In the event any utilities and/or services that are to serve such facility should be disturbed or damaged, the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant CONTRACTOR shall promptly pay all costs with respect to same, such payments to be made, at once make repairs to the extent possiblesatisfaction of the owner, directly or arrange with the owner to make repairs, at no cost to the COUNTY. Any delays or reconstruction of improvements resulting from the CONTRACTOR's failure to verify utility locations and depths shall be made at the CONTRACTOR's expense. If the CONTRACTOR wishes to have any of the following utilities located, he must contact the responsible utility company or district at least two (2) working days prior to construction in the immediate vicinity of the utility. The CONTRACTOR's attention is directed to the utility or notification service provider or provided by UNDERGROUND SERVICE ALERT (USA), also known as “DigAlert”. USA member utilities will provide the CONTRACTOR with the locations of their substructures in the construction area when the CONTRACTOR gives at least two working days’ notice to the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or servicesUnderground Service Alert by calling 0- 000-000-0000. All internal utilities The CONTRACTOR shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and Tenant shall be responsible for Tenant’s Proportionate Share thereof. Landlord shall be under no obligation to furnish any utilities or services to the Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is due call USA prior to any act or neglect of Tenant or Tenant’s agentswork (such as filling, employeesresurfacing, contractors or invitees or any person claiming bypaving) over substructures to allow owners to locate and/or obtain accurate "ties" on their manholes, through or under Tenant (a “Service Interruption”)valve covers, and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agentsmeter boxes, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesetc.

Utilities. Tenant shall make arrangements with appropriate utility or service companies for its own service for any utilities and/or services that are pay during the Lease Term and prior to serve the Leased Premises exclusively or directly and that can be billed to Tenant directly, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same, the foregoing to include --------- delinquency all charges for such utilities water, gas, light, heat; power, electricity, telephone or servicesother communication service, janitorial service, trash pick-up, sewer and all other services supplied to Tenant or consumed by Tenant on the Premises (collectively the "Services') and all taxes, levies, fees or surcharges therefor. All internal utilities Tenant shall arrange for Services to be separately meteredsupplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. All costs The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for external utilities that are not separately metered shall be included in Operating Expenses, and Services. Tenant shall be responsible for Tenant’s Proportionate Share thereofproviding janitorial service to the Premises. Landlord In the event that any of the Services are not separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be under no obligation a Common Area Charge and Tenant shall pay, as Additional Rent, Tenant's proportionate share of such cost to furnish Landlord as provided in Paragraph 12 below, except that if any utilities or meter services to less than the Leased Premises and entire Building, Tenant's proportionate share of the costs measured by such meter shall not be liable for any interruption or failure based upon the square footage of the gross leasable area in the supply Premises as a percentage of the total square footage of the gross leasable area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the cost of Tenant's excess use of any or all such utilities Services. The lack or services to the Leased Premises. No interruption or failure shortage of utilities shall result in the termination of this Lease; provided, however, that if (i) an interruption or cessation of utilities shall occur, except if the same is any Services due to any act cause whatsoever (except for a lack or neglect shortage proximately caused by the negligence or willful misconduct Landlord or that of Tenant or Tenant’s its agents, employees, contractors or invitees or invitees) shall not affect any person claiming by, through or under obligation of Tenant (a “Service Interruption”)hereunder, and (ii) such Service Interruption occurs Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or continues as a result of the negligence or wrongful conduct of the Landlord or Landlord’s agents, employees or contractors, and (iii) such Service Interruption continues for more than one (1) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesdeduction.

Utilities. Tenant Landlord shall make arrangements with appropriate provide utility or service companies for its own service for any utilities and/or services that are to serve the Leased Premises exclusively or directly services, including electricity and that can be billed to Tenant directlyheating, ventilation and Tenant shall promptly pay all costs with respect to same, such payments to be made, air conditioning (“HVAC”) to the extent possible, directly to Premises in the utility or service provider or to manner set forth in Section 6.1. A submeter mearsuing the appropriate party charged with collecting the same, the foregoing to include all charges for such utilities or services. All internal utilities shall be separately metered. All costs for external utilities that are not separately metered shall be included in Operating Expenses, and amount of electricity consumed by Tenant shall be installed and Tenant will pay Landlord (or the Electric Service Provider if directed by Landlord) for such electricity consumed. If Landlord shall xxxx Tenant, said payment will be calculated using the rate Tenant would pay the utility company furnishing such service if a direct meter served the Premises. Tenant will operate or draw from the heating, ventilating and air conditioning system or systems that serve the Premises and other premises in a manner not to unduly drain HVAC in violation of Section 6.1. Landlord has advised Tenant that presently Madison Gas & Electric (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, Landlord will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company will hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Energy Provider is no longer available or suitable for Tenant’s Proportionate Share thereofrequirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease. Landlord shall be under no obligation to furnish any utilities or services to Notwistanding the Leased Premises and shall not be liable for any interruption or failure foregoing, in the supply event of any such utilities or services to the Leased Premises. No interruption or failure of utilities shall result in the termination of this Lease; provided, however, that if which (i) an interruption or cessation of utilities shall occurrenders the Premises untenantable, except if the same is due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or wrongful conduct of the Landlord or is within Landlord’s agents, employees or contractors, control to remedy and (iii) such Service Interruption continues uninterrupted for more than one a period of five (15) full business day after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruptiondays, the conduct of Tenant’s normal operations in the Leased Premises are materially and adversely affected, then there shall be an abatement of one day’s Rent for each day during which such Service Interruption continues after such one (1) business day; provided, however, that if any part of the Leased Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Leased Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate xxxxx for the number of days such failure continues beyond such five (5) business day period. In addition, if such failure continues for thirty (30) consecutive days, Tenant shall have the right at its option to terminate this Lease by sending Landlord written notice of such election prior to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Leased Premisesfailure having been corrected.