Common use of Utilities Clause in Contracts

Utilities. Tenant acknowledges that all utilities and/or services 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all 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 paid 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 by 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, with the NO Exception’s Proportionate Share thereof. 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 shall be under no obligation to Tenant, disconnect furnish 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 services to the Tenant. Tenant’s failure to pay any utility xxxx, as Leased Premises 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable for any interruption or failure in the supply of any such utilities or services to Tenant the Leased Premises. No interruption or failure of utilities shall result in damages or otherwise 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 utility shall become unavailable from any public utility companyact or neglect of Tenant or Tenant’s agents, public authority employees, contractors or invitees or any other person claiming by, through or entity under Tenant (including Landlord) supplying or distributing such utilitya “Service Interruption”), or 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 interruption 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 utility service (includingportion of the Leased Premises notwithstanding such Service Interruption, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by then the making amount of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, each daily abatement of Base Rent shall only be proportionate to the nature and extent of the same shall not constitute a termination of this Lease or an eviction interruption of Tenant. Should any interruption ’s normal operations 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 use 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLeased Premises.

Utilities. Tenant acknowledges that Owner agrees, at Owner's expense, to furnish the following utilities to the Leased Premises: electricity (subject to Resident payment for same in excess of allotment of $30.00 per person per month), water, wastewater, pest control, trash removal, and basic cable TV/Internet package . Residents agree to pay all utilities and/or services are to be paid for charges (including utility deposits) not supplied by TenantOwner, with assessed by the NO Exception. Tenant must connectutility provider (or Owner, or transfer Owner's designated Billing Party) in connection with Residents' use of utilities not provided during the term of this Agreement, or the period of occupancy by Landlord into Residents, whichever is longer. Residents agree to pay the name of Tenant within 2 days utility bills for which they are responsible and ensure that utilities remain connected for the duration of the commencement of LeaseTerm or any renewal period. At Residents shall properly use all electrical, gas and plumbing fixtures and appliances only for their intended purposes. Residents shall not install or operate any time thereafteradditional equipment or appliance, Landlord mayincluding, without notice to Tenantbut not limited to, disconnect any utilities serving Premises which are portable generators, additional refrigerators and freezers, a dishwasher, washing machine, clothes dryer or an air conditioning unit in the name of Landlord and are not being provided Leased Premises unless supplied 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 Owner 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s with Owner's prior written approval, . Owner may modify the method by which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities the utilities are furnished to accommodate Tenant’s installation, Tenant agrees the Leased Premises or billed to pay Landlord, on demand, Residents during the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination term 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 anotherAgreement. In the event of any such interruption or failure of any such utility services as contemplated by this paragraphthat Owner is required to furnish, Landlord Owner shall use reasonable diligence in its efforts to restore such serviceservices. Owner shall not be liable for any damages directly or proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises. Owner reserves the right, at any time a past due balance is owing on the utilities, to apply any and all funds received from Residents, including funds paid as rent, first to the past due balance and then any remaining funds will be applied to Rent. Residents agree to this allocation of funds despite any limiting or restrictive endorsement contained on the payment. Further, if Residents fail to pay any utility charges that are to be paid by Residents, Owner may, at its option, pay such charges in full to retain continuing utility services and bill Residents such charges as additional rent together with the regular monthly rental payment on the Due Date of the month next following the date of such billing. When Residents move from the Leased Premises, the utility charges will be charged to and deducted from the security deposit. It is understood and agreed between Owner and Residents that in the event sub-metered or allocation payments are not made when due, it shall be considered a default under this Agreement.

Utilities. Tenant acknowledges that all utilities and/or services are 13.1. Sublessor shall bring or shall cause utility lines to be paid 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 by Tenantthe Subleased Premises, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days as of the date of commencement of LeaseSublessee's activities, sufficient water, electricity, telephone and sewer service. 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 Sublessee 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 Subleased Premises. If Tenant Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by LandlordSublessor, such installation shall be subject to Landlord’s Sublessor's and, if necessary, PDA's prior written approvalapproval of Sublessee's plans and specifications therefor, which may and the Sublessor's approval shall not be withheld at Landlord’s sole discretionunreasonably 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 Landlord Sublessor and PDA and if Landlord provides such Sublessor and PDA agrees to provide any additional facilities to accommodate Tenant’s Sublessee's installation, Tenant Sublessee agrees to pay LandlordSublessor and/or PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord PDA under the Primary Lease also reserved the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premise, provided, however, that 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 liable greater than those charged prior to Tenant 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 (10) days after mailing by PDA to Sublessee of statements therefor, at the applicable rates determined by PDA from time to time which shall not be in damages excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Airport or otherwise obtainable by Sublessee. If PDA so elects to supply any of such utilities, Sublessee shall execute and deliver to PDA, within ten (i10) if days after request therefor, any documentation reasonably required by PDA to effect such change in the method of furnishing of such utilities. 13.2. Sublessor shall be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone and any other utility shall become unavailable from used or consumed in the Subleased Premises and supplied by PDA, any public utility company, public or authority or any other person person, firm 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 sprinkler) caused by corporation which are separately metered to the making Subleased Premises. 13.3. All work and construction under this Article shall comply with the provisions of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination Article 10 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 Sublease applicable 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceconstruction work.

Utilities. Tenant acknowledges that The Resident agrees to comply with all applicable rules and regulations issued by any Federal, State or local governmental authority regarding the regulation and conservation of utilities and/or services are or fuels and not to be paid for by Tenant, with waste or otherwise misuse the NO Exception. Tenant must connect, or transfer utilities not provided by the Landlord. (a) Landlord-Supplied Utilities, Services and Equipment: If indicated by an “X” in column (1) below, the indicated utility, service and equipment is supplied by Landlord into and is included in the name of Tenant within 2 days of the commencement of LeaseResident’s rent. 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 developments where utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which a charge may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities assessed for excess utility consumption due to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities operation of greater capacity. Landlord 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 units or sprinkler) caused by the 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 Tenantmajor Resident-supplied appliances. 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 The schedule of any such interruption excess utility surcharges shall be posted by the Landlord in site management offices. (b) Resident-Paid Utilities, Services and Equipment: If indicated by an “X” in column (2) below, an allowance for utilities appropriate for the size and type of dwelling unit shall be established for utilities paid by the Resident directly to the utility suppliers. By initialing next to the marked items below, the Resident agrees to supply or pay the marked services and equipment. Air conditioning systems installed with individual check meters are not included in the utility allowance pursuant to federal regulations. If the utilities allowance results in a net rent credit to the Resident, the Landlord may pay the utility reimbursement jointly to the Resident and the utility supplier, or directly to the utility supplier, if the Resident and the utility supplier consent. The Landlord may change the utilities allowance at any such services as contemplated time during the term of the Lease. Unless otherwise allowed by this paragraphfederal regulations, the Landlord shall use reasonable diligence give the Resident 60-day written notice of the annual revised Utility Allowance. If the Resident fails to restore such servicerequest a grievance hearing pursuant to the grievance procedures, the Resident waives any objection they may have to the utility allowance or utility surcharge. (c) The Resident must pay for the utilities/services in column (2). Payments should be made directly to the appropriate utility company where applicable. (d) The utility accounts must be under the name of the Head of Household, Spouse or co- head. Put "X" by any applicable Utility, Service and Equipment

Utilities. Tenant acknowledges that all utilities and/or services 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 '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 '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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s 's prior written approval, which may be withheld at Landlord’s 's sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s 's installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 '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 '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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant shall pay all charges related to the supply of electricity and natural gas to the Premises, whether designated as a charge, tax, assessment, fee or otherwise, all such charges to be paid as the same from time to time become due. Except as otherwise provided in this Subsection 4.5 or in Article 5, it is understood and agreed that Tenant shall make its own arrangements for the installation or provision of all utilities and services and that Landlord shall be under no obligation to furnish any utilities to the Premises. Tenant acknowledges that all utilities and/or services 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 Annual Fixed Rent does not turn it off include the owner cost of supplying electricity or water and Landlord are not responsible for the charges sewer service 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 Premises. If Tenant desires the utility serving the Premises shall agree to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlordseparate metering, such installation electricity usage shall be subject separately metered (and the cost of installing such separate metering shall be included as part of the Shell and Core Work) and Tenant shall pay all bills for the supply of electricity to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretionthe Premises during the term of this Lease directly to the utility company furnishing the same. If such installation separate metering is approved not available with respect to the Premises, then Tenant shall, during such portion of the term as such separate metering is not in effect, pay as Additional Rent all cost of electricity supplied to the Premises as determined in good faith by Landlord by submetering or similar device and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities of operating, maintaining and repairing (but not installing, which shall be done as part of the Shell and Core Work, if applicable) any meter or utility facilities other device used to measure Tenant's electrical consumption and any cost incurred by Landlord in keeping account of greater capacityor determining Tenant's electrical consumption. Landlord Tenant 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 pay as Additional Rent all cost of water and sewer service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the 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 restoredduring the term as determined by Landlord by submetering or other similar device and the cost of operating, maintaining and should such interruption continue for an additional thirty repairing (30but not installing, which shall be done as part of the Shell and Core Work) business daysany meter or other device used to measure water consumption and any cost incurred by Landlord in keeping account of or determining Tenant's water consumption. Alternatively, at Landlord's option, Tenant shall pay Tenant's Percentage of the charges for electricity service and/or the charges for water and Landlord sewer service during the term allocable to those portions of the Building leased or intended to be leased to tenants, within ten days of invoice therefor, provided however if some or all of the areas leased or intended to be leased to tenants are separately metered for electricity and/or water, such Tenant's Percentage for purposes of this Subsection 4.5 only shall each have be determined by dividing the option to terminate this Agreement without further liability to one another. In rentable area of the event Premises by the rentable area of any such interruption the portions of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore the Building not separately metered for such service.

Utilities. Tenant acknowledges that all utilities and/or services are A. Landlord agrees to cause the necessary mains, conduits and other facilities to be paid for by Tenantprovided to make heating, with ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the NO Exception. Demised Premises and to make available to Tenant must connectheating, or transfer utilities not provided by Landlord into ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the name Term 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 shall 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 payment of all utilities used by Tenant at the Demised Premises directly to the Tenant. Tenant’s failure applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to pay any utility xxxx, Landlord as and when due, shall constitute an Event of Defaultadditional rent hereunder. Tenant shall not at any time overburden or exceed the capacity have 24-hours, 7-days per week control of the mainsHVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, feedersquantity, ductsfailure or interruption of utilities to the Demised Premises, conduitsunless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or other facilities by which contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such utilities are supplied to, distributed in or serve prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entity, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate the cause of the utility failure or interruption. E. Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld responsible for all of its janitorial and cleaning services for the Demised Premises at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, expense. Tenant agrees to pay Landlord, on demand, shall provide a service for the cost for providing such additional utility facilities or utility facilities collection of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, refuse 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 garbage from the Landlord’s actionPremises, negligent or otherwise, and the same shall continue, unabated, for a term of Thirty (30) business days and such interruption materially interferes with at Tenant’s ability to conduct businessexpense, 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 provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the option right to terminate this Agreement without further liability install a generator on the Property for its exclusive use subject to one another(a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. In Such installation may include, at Tenant’s election, the event installation of any such interruption an internal transfer switch for the generator in the room adjacent to the Building’s electrical closet. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of any such services as contemplated by this paragraphthe Sublease. Approval, Landlord installation and removal shall use reasonable diligence to restore such servicebe at Tenant’s sole cost and expense.

Utilities. Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with Commencing on the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into Effective Date and continuing through the name of Tenant within 2 days remainder of the commencement Term, Tenant shall be responsible for maintaining the portion of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving the utility lines located within the Premises which are in the name of Landlord and are not being provided by Landlord under this Lease. Landlord may, at Landlord’s option, shall pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities gas, water, electricity, telephone, and other utility services used or service termination (cutoff) slips. Tenants are responsible for turning utilities off consumed 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 or about or furnished to the Tenant. Tenant’s failure Premises during the Term and shall pay all sewer use fees or similar charges made or imposed with respect to pay any utility xxxx, as and when due, shall constitute an Event of Defaultor 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 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 Premises. If Tenant desires to install any equipment which shall require 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 or utility facilities of a greater capacity than the facilities provided by Landlordfacilities, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacityshall be installed at Tenant’s expense in accordance with plans and specifications approved in writing in advance by Landlord. Landlord 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 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 service (includingbills or charges, without limitationLandlord, any heatingmay, ventilationat its option, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords upon reasonable controlnotice to Tenant, and pay the same shall not constitute a termination and, in such event, the amount of this Lease or an eviction of Tenant. Should any interruption or discontinuance of utility servicessuch payment, result together with interest thereon at the Default Rate (hereinafter defined) from the date of such payment by 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 will be added to Tenant’s ability next due payment of Base Rent, as Additional Rent. If Landlord provides any of such utility services to conduct businessTenant because they are not or cannot be separately metered or billed to Tenant, then Landlord Tenant shall xxxxx the rent for the Premises until such utility service has been restoredpay to Landlord, and should such interruption continue for an additional within thirty (30) business daysdays after receiving a statement therefor from Landlord, Tenant and Txxxxx’s equitable share of the billing received by Landlord for such utility service, which share shall each have be determined by Landlord in its reasonable discretion taking into account such factors, including but not limited to the option nature of Tenant’s business, as Landlord reasonably may consider to terminate this Agreement without further liability to one another. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicebe appropriate.

Utilities. During each calendar year or part thereof during the Lease Term, Tenant acknowledges that all utilities and/or services are shall pay to be paid for by TenantLandlord, with as Additional Rent, the NO Exception. Tenant must connect, or transfer utilities not provided actual cost incurred by Landlord into with respect to all electricity, water, gas, fuel, steam, light, power and other utilities consumed within the name Premises, as more particularly described in this Section 4.7 (all such costs payable by Tenant pursuant to this Section 4.7 shall be referred to as “Tenant’s Monthly Utility Charge”, and all such amounts shall constitute rent hereunder). All electricity directly serving the Premises (“Direct Electrical Costs”) shall be separately metered or submetered and Tenant shall pay the cost (without xxxx up by Landlord) of Tenant within 2 days of the commencement of Lease. At any time thereafterall such Direct Electrical Costs either to Landlord as a reimbursement, 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 mayor, at Landlord’s optionelection, as a payment directly to the entity providing such electricity. With respect to all utility costs for the Premises other than Direct Electrical Costs (collectively, “Other Utility Costs”), Landlord shall have the right, from time to time, to equitably allocate some or all of such Other Utility Costs among cost pools for different portions or occupants of the Building, in Landlord’s reasonable discretion. Such cost pools may include, but shall not be limited to, office space tenants and retail space tenants of the Building. The utility costs within each such cost pool shall be allocated and charged to the tenants within such cost pool in an equitable manner. With respect to Other Utility Costs that vary based on occupancy, such if the Building is not at least one hundred percent (100%) occupied during all or a portion of any month, Landlord shall elect to make an appropriate adjustment to the components of Other Utility Costs for such month to determine the amount of Other Utility Costs that would have been incurred had the Building been one hundred percent (100%) occupied; and the amount so determined shall be deemed to have been the amount of Other Utility Costs for such month. Payments on account of Tenant’s Monthly Utility Charge are due and payable monthly together with the payment of Base Rent. Tenant’s Monthly Utility Charges shall not be based upon the Base Year. Notwithstanding the foregoing, with respect to HVAC (as defined below), Landlord owns and operates a central plant which generates both hot and cold water to be used for artificial heating and cooling of building improvements in the Project, including, but not limited to, the Premises, and to heat culinary water used by the occupants and guests of the Project, including, but not limited to, the Premises. Landlord shall deliver hot and cold water to their respective points of connection to the Premises, with hot water being delivered at a temperature of not less than 180°F and chilled water being delivered at a temperature of no warmer than 45°F, or sufficiently hot/cool so as maintain 72°F air temperature in cooling mode and 70°F air temperature in heating mode in the Premises. Tenant, at Tenant’s sole cost and expense, shall maintain all HVAC facilities from the point of connection to the Premises and Landlord shall maintain all HVAC facilities serving the Project generally, up to their point of connection to the Premises. Tenant shall pay utilities and be reimbursed by Tenant Landlord, as additional rent. Tenant must provide proof of payment of final bills for all utilities or service termination (cutoff) slips. Tenants , $1.26 per cooling per one hundred thousand BTU and $2.62 per heating per one hundred thousand BTU, which rates 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by change from time to time based on increases in the utility costs charged to Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 applicable 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicecompanies.

Utilities. Tenant acknowledges that hereby covenants and agrees to pay all utilities and/or services 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 maycharges (including, without notice to Tenantlimitation, disconnect any utilities serving Premises which are in the name of Landlord all taxes by governmental units billed with or on utilities) for water, sewer, garbage removal, heat, light, 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 other utilities which shall be used in or service termination (cutoff) slipscharged against the Premises during the Initial Term of this Lease and as it may be extended. Tenants are responsible for turning utilities off in their name after they vacate In 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 event 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 not separately metered for the Premises, Tenant shall pay its share ("Tenant's Share") of such utilities, as reasonably determined by Landlord based on increases over usage in the Building immediately prior to the Commencement Date and reflecting the usage by all Building occupants. If Tenant's Share shall be rebuttably presumed to be a reasonable determination, unless Tenant desires to install any equipment which shall require additional utility facilities or utility facilities within thirty (30) days of such notice provides Landlord with a professional opinion of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, qualified consultant which may be withheld at Landlord’s sole discretion. If such installation concludes that a different allocation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacitymore accurate. Landlord 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 (includingmanner whatsoever should the furnishing of any of these services be delayed, without limitation, any heating, ventilation, air conditioning interrupted or sprinkler) prevented unless caused by the making negligence or wilful misconduct of Landlord. If, at the commencement of the Initial Term, any necessary repairs extension thereof, or improvements any time thereafter, Landlord or by Tenant shall elect to separately meter any cause beyond Landlords reasonable control, and utilities to 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 daysPremises, Tenant shall timely and directly pay all such separately metered utilities relating to Tenant's use of the Premises. Utilities payments required by Tenant shall be additional rent. Landlord shall each have may pay Tenant's Share of said utilities if and to the option to terminate this Agreement without further liability to one another. In extent Tenant does not pay after receipt of notice of default and expiration of the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceapplicable cure period.

Utilities. Landlord shall provide customary utility lines stubbed to the Premises, including supply and return lines for air conditioning, in the manner and to the extent set forth in the Work Letter. Except as otherwise provided in the Work Letter, the distribution of utility lines within the Premises shall be the responsibility of Tenant, at Tenant's cost. Tenant shall pay all "hook-up fees," connection charges and other similar charges which may be levied by utility provides as a fee for connecting the Premises to the utility supply. Landlord shall pay for all gas, power and electric current, sewer and all other utilities (including sewer usage charges, but not sewer "hook-up fees" or connection charges) used by Tenant in the Premises; Tenant acknowledges that all utilities and/or services that, because of the nature of the Premises, Tenant might not have access to the controls for heating,air conditioning or lighting at the Premises and shall not attempt to make any changes to such controls located outside the Premises. Landlord, at Landlord's cost, shall provide Tenant with one telephone line and a house phone. Tenant shall be responsible for local and long distance service. Tenant may at Tenant's expense, install other telephone lines (including pay telephones), provided the same are to be paid for by Tenant, not incompatible with the NO ExceptionHotel's telephone system. Landlord, at Landlord's cost, shall provide garbage service for the Premises; provided that Tenant must connectshall be responsible for removing garbage from the Premises and transporting the same to Landlord's designated trash enclosure or dumpster. In addition, or transfer utilities not provided by Landlord into heating, air conditioning, sewer, hot, cold and chilled water and natural gas (for cooking purposes) shall be supplied to the name of Tenant within 2 days Premises without additional cost to Tenant. Heat and air conditioning shall be supplied so as to maintain comfort levels in keeping with those of the commencement of LeaseHotel and, in any event, so as to keep the Premises reasonably comfortable at all times. At any time thereafterHot, Landlord maycold, without notice to and chilled water shall be supplied in such quantities and at such temperatures as are suitable for Tenant, disconnect any utilities serving Premises which are in the name of Landlord and are not being provided by Landlord under this Lease's operations. Landlord may, at Landlord’s optionfrom time to time, pay utilities prescribe reasonable rules 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 regulations for the charges to the Tenant. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event implementation of Defaultthis Section. Tenant shall not at install any time overburden or equipment which can exceed the capacity of any utility facilities serving the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install Premises and if any equipment which shall require installed by Tenant requires additional utility facilities or utility facilities of a greater capacity than facilities, the facilities provided same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must first be approved in writing by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord approval 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 sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceunreasonably withheld.

Utilities. The Tenant acknowledges that agrees to comply with all utilities and/or services are to be paid for applicable rules and regulations issued by Tenantany Federal, with the NO Exception. Tenant must connectState, or transfer local governmental authority regarding the regulation and conservation of utilities or fuels and not to waste or otherwise misuse the utilities provided by the Landlord. (a) Landlord-Supplied Utilities, Services and Equipment: If indicated by an “X” in column (1) below, the indicated utility, service and equipment is supplied by Landlord into and is included in the name of Tenant within 2 days of the commencement of LeaseTenant’s rent. 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 developments where utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, a charge may be assessed for excess utility consumption due to the operation of air conditioning units or major Tenant-supplied appliances. The schedule of any such installation excess utility surcharges shall be subject posted by the Landlord in site management offices. (b) Tenant-Paid Utilities, Services and Equipment: If indicated by an “X” in column (2) below, an allowance for utilities appropriate for the size and type of dwelling unit shall be established for utilities paid by the Tenant directly to Landlord’s prior written approvalthe utility suppliers. By initialing next to the marked items below, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, the Tenant agrees to supply or pay Landlord, on demandthe marked services and equipment. Air conditioning systems installed with individual check meters are not included in the utility allowance pursuant to federal regulations. If the utilities allowance results in a net rent credit to the Tenant, the cost for providing such additional Landlord may pay the utility facilities reimbursement jointly to the Tenant and the utility supplier, or directly to the utility supplier, if the Tenant and the utility supplier consent. The Landlord may change the utilities allowance at any time during the term of the Lease. Unless otherwise allowed by federal regulations, the Landlord shall give the Tenant 60-day written notice of the annual revised Utility Allowance. If the Tenant fails to request a grievance hearing pursuant to the grievance procedures, the Tenant waives any objection they may have to the utility allowance or utility facilities surcharge. (c) The Tenant must pay for the utilities/services in column (2). Payments should be made directly to the appropriate utility company where applicable. (d) The utility accounts must be under the name of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility companythe Head of Household, public authority or any other person or entity (including Landlord) supplying or distributing such utilitySpouse, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceco- head.

Utilities. Tenant acknowledges that all utilities and/or services are 10.1.1. Except for cable television service and phone service, Landlord shall cause lines, cables, mains and other conduits and connections for the delivery of Utilities to be paid for by Tenantbrought to locations fifteen (15) feet of the Premises, with the NO Exception. Tenant must connect, or transfer utilities not provided as shall be determined 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 LeaseLandlord's sole discretion. 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord but shall not be liable required to furnish to Tenant in damages or otherwise (i) if any utility shall become unavailable from Utilities of 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 kind whatsoever during the Term (including, without limitation, water, steam, heat, fuel, gas, hot water, electricity, light and power). This Lease shall be subject and subordinate to any heating, ventilation, air conditioning or sprinkler) caused by the making easements that Landlord may elect to grant to providers of any Utilities to provide service to the Premises. 10.1.2. If Tenant should construct an Improvement which encroaches upon, or should landscape or otherwise improve on or over, a utility easement reserved by Landlord hereunder, whether with or without the consent of Landlord, Tenant shall remove same to the extent necessary repairs to effect the maintenance, repair or improvements replacement of any Utilities within the easement and shall restore same, all at its cost and expense. 10.1.3. Tenant shall pay for the cost of providing temporary utility services to the Premises during construction (including, without limitation, the performance of Tenant's Work). Tenant shall pay to Landlord the actual cost for any such temporary utility services furnished by Landlord. 10.1.4. Tenant shall pay all connection fees imposed by any governmental or quasi-governmental entity or utility or by Landlord or any cause beyond Landlords reasonable controlAffiliate of Landlord (if such utility is so provided) for or relating to the Utilities including, but not limited to, connections for telephone, electric, potable water and waste water lines, and construction costs of connecting to such Utilities. Tenant shall pay and be responsible for the same Utilities (and any other utilities utilized by Tenant) and shall not constitute a termination of this Lease or an eviction of Tenantpay for customary hook-up and service fees. 10.1.5. Should any interruption or discontinuance of utility services, result from the Landlord’s action, negligent or otherwiseTenant shall make all arrangements for, and pay or cause to be paid when due all charges for, all Utilities and services furnished to the same Premises or used by Tenant, including, but not limited to, electricity, water, telephone and sanitary sewer services. Landlord may provide Tenant with hot and chilled water through Landlord's central plant. Tenant shall continuepay Landlord for its usage of hot and chilled water plus its share of the amortized capital costs of Landlord's central plant plus Tenant's share of the maintenance and utility costs to run the central plant. Tenant may not audit or review Landlord's books and records regarding its capital and maintenance costs for its central plant. If any utility to the Premises cannot be separately metered, unabated, for or if Landlord is required by any utility supplier or itself elects to supply the utility service through a term of Thirty (30) business days and such interruption materially interferes with Tenant’s ability to conduct businessmaster meter, then Landlord shall xxxxx equitably apportion the rent cost of such utility among the various tenants or users served thereby on either a square footage basis (based upon the proportion of the leased area of the Premises to the gross area served through the same master meter) or based upon the intensity of use by Tenant. If requested by Landlord, Tenant shall, at Tenant's expense, cause to be installed for the Premises until such submeters or information meters on any 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 anotherserved through a master meter. In the event of such apportionment or submetering, Tenant shall pay to Landlord monthly, as Additional Rent, Tenant's portion of the cost of such utility, within ten (10) days of receipt of a statement from Landlord therefor. 10.1.6. If Tenant desires cable television service, it shall contract through Century Cable; provided, however, in no event shall such cable television exhibit obscene, pornographic or objectionable content or any content which is not of the Disney Standard. All public phone service within the Premises shall be through Vista-United Telecommunications and Tenant shall contract within such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore entity for such service. 10.1.7. For any utility serving the Premises, Tenant shall make all arrangements for, and pay or cause to be paid when due all charges for, installation of connection hook-ups, back flow preventive devices, and submeters and/or other devices for the measurement of utilities supplied to the Premises. 10.1.8. In no event shall Landlord be liable or responsible for any interruption or disruption of utility service and Tenant hereby waives any and all claims against Landlord for any loss, damage or expense arising out of or incurred in connection with any of such events. 10.1.9. Landlord reserves the right to grant such easements to Vista-United Telecommunications and/or any other supplier of utilities services which are reasonably necessary to enable them to provide utility services to the Premises or other portions of THE DISNEYLAND RESORT(R) PROJECT. Further, Landlord reserves the right, at its own cost and expense, to construct, erect, place, bury, operate, maintain, repair, renew or replace utilities on, over, under or through any portion of the Premises or to alter the alignment of any existing utilities on any portion of the Premises, provided that such use shall not unreasonably interfere with Tenant's use of the Premises.

Utilities. When a utility service is separately metered to the Premises, Tenant acknowledges that all utilities and/or services are to shall be paid solely responsible for by Tenant, contracting with the NO Exception. Tenant must connectappropriate utility companies and shall promptly pay all usage charges and taxes for such utility services, which may include heating, ventilation, and air conditioning (“HVAC”), water, gas, sewage, electricity or transfer utilities not any other utility used, consumed or provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereafterin, Landlord may, without notice furnished 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 attributable to the Tenant. Tenant’s failure to pay any Premises at the rates charged by the supplying utility xxxx, as and when due, shall constitute an Event of Defaultcompanies and/or Landlord. Tenant shall not at any time overburden or exceed pay directly to the capacity of the mainsutility provider, feedersbefore due, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve all charges for utility services separately metered to the Premises. If a particular utility is not separately metered, or if a particular utility is metered through a deduct-meter for an account for which Landlord is responsible, Tenant desires to install any equipment which shall require additional pay Landlord monthly for such utility facilities based upon the deduct-meter, if any, or otherwise based upon Tenant’s pro rata share of the monthly charges for such utilities based upon Tenant’s Share if utility facilities usage is ratable among all tenants of a greater capacity than the facilities provided Building or Center based upon square footage occupied by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved each tenant or based upon actual utility usage by the tenants of the Building or Center as reasonably determined by Landlord and if such usage is not ratable based upon square footage occupied. Should Landlord provides elect to supply any or all of such additional facilities to accommodate Tenant’s installationutilities, Tenant agrees to purchase and pay for the same as Additional Rent as apportioned by Landlord. The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. Tenant shall reimburse Landlord within ten (10) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, on demandthe Premises, Building, or Center by the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public local 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 sprinkler) caused by the 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 interruption of any such services will be due as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceAdditional Rent.

Utilities. 15.1 Tenant acknowledges that shall pay before delinquency all utilities and/or charges for gas, water, electricity and any other utility services are used solely on the Premises during the Term hereof by Tenant. 15.2 Landlord, at its expense, shall cause the Premises to be paid individually metered for by each utility service and provide the service connections at points mutually acceptable to Landlord and Tenant. If a utility does not allow or provide for separate metering or sub-metering, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days will pay its share of the commencement consumption charges based upon the ratio of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving the Leasable Square Footage of the 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 total Leasable Square Footage of all buildings covered by the utility xxxx. Notwithstanding the preceding, as utility charges for restaurants, hair salons, laundromats, health clubs 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord intensive uses shall not be liable included within the calculation of Tenant's share of commonly metered consumption charges. Notwithstanding the foregoing, Landlord may keep the domestic water service for the Building on its account and place a submeter or submeters in the Building to separately meter usage in the Premises and the adjacent premises. In such event, 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) reimburse Landlord for any the actual cost of water usage for the Premises as opposed to a reimbursement based upon a proportionate share of floor area. 15.3 In the event of an interruption in any utility service (includingservice, without limitation, Landlord shall diligently pursue the resumption of service. If any heating, ventilation, air conditioning or sprinkler) caused such interruption is causes by the making negligence of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination breach of this Lease or an eviction of Tenant. Should any interruption or discontinuance of utility servicesby Landlord and, result from the Landlord’s actionas a result, 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 Tenant is not able to conduct businessits customary level of sales for similar periods, then Landlord Fixed Rent, Additional Rent and other charges hereunder shall xxxxx be equitably adjusted during the rent for the Premises until period of 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceinterruption.

Utilities. Landlord agrees to supply for standard desk-furnished business offices, during the usual building business hours on business days, reasonable amounts of domestic water for drinking purposes, heat, air-conditioning, and electric current for lighting purposes and power for a reasonable number of fractional horsepower office machines, together with Landlord’s standard janitorial services five times each week, Saturdays, Sundays and recognized legal holidays excepted. Landlord shall not supply any janitorial services or cleaning for any plumbing fixtures located in the demised premises. Tenant acknowledges shall have the obligation and responsibility for cleaning and maintaining any such plumbing fixtures.Landlord shall provide the same services, maintenance and repairs for the demised premises at Landlord’s sole cost as Landlord provides to the other office space tenants in the building (as distinguished from ground-floor tenants). Tenant will not, without the written consent of Landlord, use any office equipment in the premises using current in excess of 110 volts, or which will in any way generate heat or increase the amount of electricity, water or air-conditioning usually furnished or supplied for use of the premises as general office space; nor connect any apparatus or device for the purposes of using electric current except through existing electrical outlets or for the use of water except with existing water pipes in the premises. If Tenant requires water or electric current in excess of that all utilities and/or services are usually furnished or supplied for use of the premises as general office space, Tenant shall first procure the consent of Landlord, which Landlord may refuse, to the use thereof all, Landlord may cause a water meter or electric current meter to be installed in the premises, to measure the amount of water and electric current consumed for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant, with the NO Exception. Tenant must connect, or transfer utilities not provided and Tenant agrees to pay Landlord promptly upon demand therefor by Landlord into for all such water and electric current consumed as shown by said meters, at the name rates charged for such services by the City of Tenant within 2 days Los Angeles or the local public utility, as the case may be, for furnishing the same, plus any additional expense incurred in keeping account of the commencement water and electric current so consumed. In the event Tenant utilizes or consumes utilities or services after usual building business hours or in amounts which are appreciably in excess of those utilized or consumed by the average office tenants in the building, Tenant shall reimburse Landlord, as additional rent, upon receipt of demand therefor, the cost of such excess consumption. In the event Tenant utilizes heating, air conditioning or fan service after normal building business hours, Tenant shall reimburse Landlord its then current building standard rate for such services. As of the date of execution of this Lease, Landlord’s current building standard rates for these services are: for ehat or air conditioning - $175.00 per hour; for fan service - $75.00 per hour. Landlord agrees to supply, for any storage areas leased hereunder, during usual building business hours on business days, reasonable amounts of electric current for lighting purposes only. Landlord shall have no obligation to supply to storage areas, water, heat, air-conditioning or electric current for any purposes other than lighting. The normal building business hours are from 6:00 A.M. to 6:00 P.M., Monday through Friday, recognized legal holidays excepted. At any time thereafterduring the term of this lease, Landlord may, without notice to Tenant, disconnect normal building business hours for the furnishing of any utilities serving Premises which are in or services to the name of Landlord and are not being provided Building may be curtailed by Landlord under this Lease. Landlord maywithout abatement of rent, at Landlord’s option, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof due to any Energy or Natural Resource Conservation Act now or hereinafter enacted or the directive of payment of final bills for all utilities any Energy 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility company, public authority Natural Resource Agency or any other person similar or entity (including Landlord) supplying dissimilar statute or distributing such directive of any federal, state or other governmental, or quasi-governmental agency, or public utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning other entity vested with the power to regulate utilities or sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all agrees to connect to and use the utilities (including electricity, water, gas, cooling and/or services are heating system, telephone and any other utility) supplied to be paid for by Tenant, the Leased Premises in accordance with the NO Exceptioncriteria set forth in the Exhibits attached to this Lease, Landlord's schedule of mechanical and electrical design criteria, Landlord's rules and regulations, and the rules and regulations of the utility companies supplying the service. Tenant must connectshall be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, cooling, heat, electricity, sewer and other utilities provided or transfer utilities not provided by Landlord into used in or at the name Leased Premises, commencing with the Delivery of Tenant within 2 days Possession Date and continuing throughout the Term 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. If Landlord may, at Landlord’s option, pay shall elect to supply any of the utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities used upon 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 furnished 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. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay as additional rent a per square foot charge based on Tenant's estimated usage, as reflected on a monthly invoice to be provided by Landlord; provided, on demandhowever, in no event shall Tenant's total charges for utilities provided by Landlord exceed what Tenant would be charged by the cost for providing local utility company if it were billed directly by such additional utility facilities or utility facilities of greater capacityas a direct retail customer. Landlord shall not be liable to Tenant in damages for any loss, damage or otherwise (i) expense which Tenant may sustain 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 utilitythe utilities, or (ii) the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant's requirements, or if the supply of any such utility ceases or is interrupted as a result of any cause and no such change, interruption in any utility or cessation of service (shall constitute an eviction of Tenant. Any furnishing by Landlord of light, cooling and/or heat or power shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting and air conditioning within the Shopping Center, including, without limitation, any heatingthe Leased Premises and the common areas, ventilation, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or as required by any cause beyond Landlords reasonable controlmandatory or voluntary fuel or energy saving allocation, and the same shall not constitute a termination of this Lease or an eviction of Tenant. Should any interruption similar statute, regulation, order 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceprogram.

Utilities. Tenant acknowledges that all agrees to connect to and use the utilities (including electricity, water, gas, cooling and/or services are heating system, telephone and any other utility) supplied to be paid for by Tenant, the Leased Premises in accordance with the NO Exceptioncriteria set forth in the Exhibits attached to this Lease, Landlord's schedule of mechanical and electrical design criteria, Landlord's rules and regulations, and the rules and regulations of the utility companies supplying the service. Tenant must connectshall be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, cooling, heat, electricity, sewer and other utilities provided or transfer utilities not provided by Landlord into used in or at the name Leased Premises, commencing with the Delivery of Tenant within 2 days Possession Date and continuing throughout the Term 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. If Landlord may, at Landlord’s option, pay shall elect to supply any of the utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities used upon 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 furnished 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. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay as additional rent a per square foot charge based on Tenant's estimated usage, as reflected on a monthly invoice to be provided by Landlord; provided, on demandhowever, in no event shall Tenant's total charges for utilities provided by Landlord exceed what Tenant would be charged by the cost for providing local utility company if it were billed directly by such additional utility facilities or utility facilities of greater capacityas a direct retail customer. Landlord shall not be liable to Tenant in damages for any loss, damage or otherwise (i) expense which Tenant may sustain 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 utilitythe utilities, or (ii) the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant's requirements, or if the supply of any such utility ceases or is interrupted as a result of any cause and no such change, interruption in any utility or cessation of service (shall constitute an eviction of Tenant. Any furnishing by Landlord of light, cooling and/or heat or power shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting and air conditioning within the Shopping Center, including, without limitation, the Leased Premises and the common areas, as required by any heatingmandatory or voluntary fuel or energy saving allocation, ventilationor any similar statute, air conditioning regulation, order or sprinklerprogram. Notwithstanding the foregoing, in the event that any foregoing utility service is interrupted for three (3) caused by the making consecutive working days solely as a result of any necessary repairs of Landlord's or improvements any of Landlord's agents' wilful acts of misconduct or by any cause beyond Landlords reasonable controlnegligence, and Tenant is unable to operate its business within the same shall not constitute Leased Premises as 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 businessthereof, then Landlord shall xxxxx the rent for the Premises shall, after written notice from Tenant to Landlord concerning such interruption, abatx Xxximum Rent on a day-to-day basis if and until such time as said utility service has been services are 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with the NO Exception. Tenant Exception of: n/a .Tenant must connect, connect or transfer utilities not provided by Landlord into the name of Tenant within 2 5 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 LandlordXxxxxxxx’s option, pay utilities and be reimbursed by Tenant Xxxxxx 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 xxxxbill, 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s =s prior written approval, which may be withheld at LandlordXxxxxxxx’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s 's installation, Tenant Xxxxxx agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords Landlord=s 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant shall during the term pay all electricity charges allocable to the Premises and all charges for telephone and other utilities or services not supplied by Landlord pursuant to Subsections 5.1.1 and 5.1.2, whether designated as a charge, tax, assessment, fee or otherwise, all such charges to be paid as the same from time to time become due. 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 utilities and services and that Landlord shall be under no obligation to furnish any utilities to the Premises. Tenant acknowledges that all utilities and/or services Annual Fixed Rent does not include the cost of supplying electricity to the Premises (including the electricity required to operate the heat pumps serving the Premises). If the Premises are to be paid separately metered for by Tenantelectricity usage, Tenant shall contract directly with the NO Exceptionutility company for a supply of electricity to the Premises and shall pay all bills for such electricity promptly to the utility company furnishing the same. If the Premises are not so separately metered, then Tenant must connectshall, during such portion of the term as such separate metering is not in effect, pay as Additional Rent, all cost of electricity supplied to the Premises as determined by Landlord by survey, or transfer utilities not provided by submetering or similar device and the cost of installing, operating, maintaining and repairing any meter or other device used to measure Tenant’s electrical consumption and any cost incurred by Landlord into the name in keeping account of Tenant within 2 days of the commencement of Leaseor determining Tenant’s electrical consumption. 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 mayAlternatively, at Landlord’s option, Tenant shall pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof its pro rata share 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 for electricity allocable 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 those portions of the mains, feeders, ducts, conduits, Building leased or other facilities by intended to be leased to tenants which such utilities are supplied to, distributed in or serve share a common electricity meter with the Premises. If Tenant desires , within ten days of invoice therefor; such pro rata share to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided be determined by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused dividing Premises Rentable Area by the making rentable area of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and such portions of 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceBuilding.

Utilities. Except where Tenant acknowledges that all utilities and/or services are is purchasing Utilities directly from a supplier with Landlord’s consent, Tenant shall pay to be paid for by Tenant, with Landlord the NO Exception. Tenant must connect, or transfer utilities not provided cost incurred by Landlord into in providing Utilities to the name of Tenant within 2 days Premises as equitably determined by Landlord, commencing on the earlier of the commencement date of Leasepossession and the Rent Commencement Date, and billed monthly, in advance. At any time thereafter, Landlord may, without notice The amount of such cost shall be based on Landlord’s equitable estimates of Tenant’s Share for the quantities and types of Utilities supplied to Tenant, disconnect any utilities serving Premises which are in the name of Landlord and are not being provided by Landlord under this LeaseBuilding. Landlord mayshall have the right, at Landlord’s optionbut not the obligation, 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 to obtain Utilities for the charges Building in a manner which meets certain environmental standards determined by Landlord. Any additional cost related to the Tenant. Tenant’s failure such Utilities shall be added to pay any utility xxxx, as and when due, shall constitute an Event of DefaultOperating Costs. Tenant shall not at also pay to Landlord the cost of cleaning, maintaining and servicing all electric light fixtures in the Premises, including the cost of replacing light bulbs, tubes, starters and ballasts. If Landlord shall from time to time reasonably determine that the use of electricity or any time overburden other Utility or exceed service in the capacity Premises is disproportionate to the use of other tenants in the Building, Landlord may adjust Tenant’s share of the mainscost thereof from a date reasonably determined by Landlord to take equitable account of the disproportionate use and may separately charge Tenant for such excess cost, feedersplus 15% of such excess cost to cover Landlord’s costs of administration. At Landlord’s request, ducts, conduits, Tenant shall install and maintain at Tenant’s expense metering devices for checking the use of any such Utility or other facilities by which such utilities are supplied to, distributed service in or serve the Premises. If In all cases Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by reimburse Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 manner in which Landlord is charged including any energy demand 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceconsumption charges.

Utilities. Tenant acknowledges that all Landlord has provided utilities and/or services are stubbed to be paid for by Tenant, the Premises in accordance 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's Work. Tenant shall not at any time overburden or exceed be responsible for obtaining water, gas, electric and telephone services directly from the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premisesutility supplier and paying all applicable charges with respect thereto. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay directly to the appropriate utility company all charges for utility services supplied to Tenant for which there is a separate meter. Tenant agrees to pay to Landlord all charges for utility services supplied to Tenant for which there is a sub-meter, which charges shall be based upon sub-meter readings by Landlord, on demandand which charges shall be paid to Landlord monthly in advance based upon reasonable estimates, subject an annual reconciliation by Landlord based upon Tenant's actual utility usage based upon such sub-meter. Tenant agrees to pay to Landlord its share of all charges for utility services supplied to the cost Premises for providing such additional which there is no separate meter or sub-meter upon billing by Landlord of Tenant's Share, as reasonably determined by Landlord based upon estimated actual usage. Regardless of the entity that supplies any of the utility facilities or utility facilities of greater capacity. services, Landlord shall not be liable to Tenant in damages for any failure or otherwise (i) if interruption of any utility or service. No failure or interruption of any utility or service shall become unavailable from any public entitle Tenant to terminate this Lease or discontinue making payments of Rent. Tenant shall be responsible for the payment of all utility company, public authority or meter connection and/or hook-up fees for utility services supplied to the Premises and any other person or entity (including charges imposed in connection with the commencement of said utilities. Landlord has coordinated with the applicable utility companies for the installation of initial electrical and gas meters, and will separately install all meters for all utilities as part of Landlord) supplying or distributing such utility's Work, or (ii) except that Landlord will provide Tenant the submeter for water, sewer and gas service, for Tenant to install at Tenant's cost. Tenant is responsible for a commercially reasonable monthly administrative charge for the submeter service. Tenant will be responsible for any additional submetering as appropriate for Tenant's use of the Premises. Notwithstanding anything herein to the contrary, if there is an interruption in any utility services which is (a) specific to the Project (as opposed to an interruption or curtailment in utility service which extends beyond the Project), (includingb) causes the Premises to be untenantable, without limitation, any heating, ventilation, air conditioning or sprinkler(c) is caused by the making negligence or willful misconduct of Landlord or any necessary repairs or improvements or by any cause beyond Landlords reasonable controlparty for which Landlord is legally responsible, 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, (d) lasts for a term of Thirty more than two (302) consecutive business days and such interruption materially interferes with Tenant’s ability or otherwise prevents Tenant from being able to conduct businessaccess the Premises for more than two (2) consecutive business days, then Landlord shall xxxxx Tenant will be entitled to an equitable abatement of Rent (in proportion to the rent for portion of the Premises rendered untenantable by the interruption in service) until such utility service has been is 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that shall contract directly with public utility providers for all utilities and/or services which are separately metered to the Premises and shall pay such utility providers directly and 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 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 rentAdditional Rent. Tenant must provide proof of payment of final bills Tenant's obligation to pay 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 provided to the Tenant. Tenant’s failure to pay any utility xxxx, as and when due, Premises during the Term shall constitute an Event survive the expiration or earlier termination of Defaultthe Lease. Tenant shall not at 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 attributable to any time overburden gross negligence or exceed willful misconduct of Landlord or its agents, 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 capacity supply or character of the mains, feeders, ducts, conduits, electric energy furnished to the Premises or other facilities by which such utilities are supplied to, distributed in or serve Building. To ensure the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities proper functioning and protection of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationall utilities, Tenant agrees to pay Landlordabide by all reasonable regulations and requirements which Landlord may prescribe and to allow Landlord and its utility providers access to all electric lines, on demandfeeders, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility companyrisers, public authority or wiring, and any other person or entity (including Landlord) supplying or distributing such utilitymachinery within the Premises. Notwithstanding the foregoing, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the 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 if any interruption or discontinuance of utility servicesany service to be provided to the Premises by Landlord pursuant to the terms of the Lease: (i) renders the entire Premises or a material portion thereof unusable for the Permitted Use, result (ii) continues 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 Landlord’s action, negligent or otherwisesame, and (iii) is attributable to the same willful neglect or negligence of Landlord, then, provided that Tenant does not use the affected portion of the Premises for the entire period of interruption, as Tenant's sole and exclusive remedy in connection with such interruption or discontinuance, Tenant shall continuebe entitled to an equitable abatement of Base Rent, unabatedOperating Expenses Excess, for a term and Tax Excess based on the relationship of Thirty the rentable area of the affected ·portion to the total rentable area of the Premises, which abatement shall commence on the sixth (306th) business days day of the interruption and such interruption materially interferes with Tenant’s ability to conduct business, then shall continue until Landlord shall xxxxx has restored service; provided that 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 amount of any such interruption abatement shall be reduced by the amount of any proceeds Tenant receives from its business interruption insurance policy in connection with such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceinterruption.

Utilities. Tenant acknowledges that all utilities and/or services are A. Landlord agrees to be paid for by Tenant, with the NO Exceptionprovide normal water and electricity connection xx xxx Xxxmises as determined in Landlord's reasonable discretion. Tenant must connectshall pay for all water, or transfer utilities not provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereaftergas, Landlord mayheat, without notice to Tenantlight, disconnect any utilities serving Premises which are in the name of Landlord power, telephone, sewer, sprinkler services, refuse and are not being provided by Landlord under this Lease. Landlord maytrash collection, at Landlord’s option, pay and other utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills services used on or at the Premises and any maintenance or inspection charges for all utilities utilities, together with any taxes, penalties, surcharges 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 like pertaining to the Tenant's use of the Premises. Landlord shall have the right to cause any of said services to be separately metered or charged to Tenant by provider, at Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of Default's expense. Tenant shall not at any time overburden or exceed the capacity pay its share of the mainsall charges for jointly metered utilities, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided based on consumption as reasonably determined by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 or failure of utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by on the 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. Premises. B. In the event water is not separately metered to Tenant, Tenant agrees that it will not use water for uses other than normal dxxxxxxc restroom and kitchen usage; and, Tenant does further agree to reimburse Landlord for the entire amount of common water costs as additional rental if, in fact, Tenant uses water for uses other than normal domestic restroom and kitchen uses without first obtaining Landlord's written permission. Furthermore, Tenant agrees in such event to install at its own expense, a submeter xx xxtermine Tenant's usage. C. Tenant agrees it will not use sewer capacity for any use other thax xxxxxx domestic restroom and kitchen use. Tenant further agrees to notify Landlord of any such interruption other sewer use ("excxxx xxwer use") and also agrees to reimburse Landlord for the costs and expenses related to Tenant's excess sewer use, which shall include, but is expressly herein not limited to, the cost of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence acquiring additional sewer capacity to restore such serviceservice Tenant's Lease.

Utilities. a. Tenant acknowledges that all utilities and/or services are to be paid for shall not install any electrical equipment requiring special wiring or otherwise exceeding Building capacity unless approved in advance by Tenant, with the NO ExceptionLandlord. Tenant must connect, or transfer utilities not provided by Landlord into the name The use 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 electricity in the name Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. If Landlord and are has reason to believe that Tenant is using a disproportionate share of any utility that is not being provided by Landlord under this Lease. separately metered, Landlord may, at Landlord’s option's election and expense, 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 propertyconduct an engineering audit to estimate Tenant's actual use. If such audit determines that Tenant does not turn it off the owner and is using more than its proportionate share of any utility, Tenant shall reimburse Landlord are not responsible for the charges to cost of the Tenant. Tenant’s failure to audit and Tenant shall pay for any utility xxxx, use above its proportionate share as and when due, shall constitute an Event of DefaultRent. Tenant shall not at any time overburden waste or exceed permit the capacity waste of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility company, public authority water or any other person utilities. Any unavailability or entity (including Landlord) supplying or distributing such utility, or (ii) interruption in service shall not render Landlord liable for any interruption in any utility service (includingdamages caused thereby, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same nor shall not constitute be a termination of this Lease or an constructive eviction of Tenant. Should , constitute a breach of any interruption implied warranty, or discontinuance entitle Tenant to any abatement 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 anotherXxxxxx's obligations hereunder. In connection with any repairs, alterations or additions to the event Property or the Premises, or any other acts required of, or permitted by, Landlord under this Lease, Landlord may reduce or suspend service of any such interruption of any such services as contemplated by this paragraphthe Building's utilities, facilities or supplies; provided that Landlord shall use reasonable diligence to restore such serviceservices, facilities or supplies as soon as reasonably possible. Xxxxxx agrees to promptly notify Landlord in writing of any interruption of services. b. Heating and air conditioning shall be thermostatically controlled in the Premises, and Landlord agrees to maintain, keep in good repair during the Term at Landlord’s sole cost and expense all heating, ventilating and air conditioning equipment and systems located in or exclusively serving the Premises. At the end of its useful life Landlord shall, at its sole cost and expense, replace the HVAC system in its entirety; however, in the event it becomes necessary to replace the HVAC system for reasons outside of damage caused by negligence or willful misconduct of Tenant any employees, agents, invitees, guests, concessionaires, licensees, sublessees or contractors of Tenant or any of their respective employees, agents, invitees, guests, concessionaires, licensees, sublessees or contractors, or any person or entity claiming by, through or under Tenant, Landlord shall, at its sole cost and expense, be responsible for replacement of the HVAC system. In the event Tenant requires additional HVAC equipment or units it shall be installed, maintained, repaired and replaced at Tenant’s sole cost and expense. Except on Holidays, HVAC services shall be provided, without cost to Tenant, from 8:00 A.M. through 6:00 P.M., Monday through Friday, and from 8:00 A.M. through 1:00 P.M., on Saturdays. “Holidays” shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.

Utilities. 8.1. Tenant acknowledges that all utilities and/or services are shall make application and arrange for and pay or cause to be paid all charges for by Tenantgas, water, sewer, electricity, light, power, telephone and all other utility services used, rendered, or supplied upon or in connection with the NO ExceptionDemised Premises, and shall defend and indemnify Landlord and save it harmless against any liability or charges on account thereof. Utility deposits, connection fees and/or charges for meters shall be the sole responsibility of Tenant. Landlord shall be obligated to bring the utility services to the boundaries of the Shopping Center. The obligation of Tenant to pay for such utilities shall commence as of the date possession of the Demised Premises is delivered to Tenant. In case any such utility charges are not paid by Tenant when due, Landlord may pay the same to the utility company or department furnishing the same, and any amounts so paid by Landlord shall be paid by Xxxxxx as Additional Rental for the month next following such payment by Landlord. Tenant must connect, or transfer utilities not provided by shall send the Landlord into annually receipted water and sewer bills relating to the name of Tenant within 2 days Demised Premises. 8.2. In the event any of the commencement of Leaseaforesaid services are billed to Landlord, Tenant shall pay such bill to Landlord as Additional Rent promptly upon demand therefor. 8.3. At In the event Landlord shall elect to furnish any time thereafter, Landlord may, without notice utility services to Tenant, disconnect any utilities serving Premises which are Xxxxxx agrees to purchase the same from Landlord, providing Landlord shall charge therefor the same retail consumer rate as is charged by the public service corporation or municipal authority, as the case may be, supplying similar services in the name of Landlord general area in which the Shopping Center is situated, 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation 's respective charge shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If based upon consumption measured by separate meters installed for such installation is approved purpose or a profile of usage prepared by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacityan independent engineer. 8.4. Landlord 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 sprinkler) caused by damages should the making furnishing of any utilities be interrupted or required to be determined because of necessary repairs or improvements or by any cause beyond Landlords the reasonable controlcontrol of Landlord, and the same nor 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 interruption or cessation relieve Tenant from the performance of any such services as contemplated by of Tenant's covenants, conditions and agreements under this paragraph, Landlord shall use reasonable diligence to restore such serviceLease.

Utilities. Landlord agrees to supply for standard desk-furnished business offices, during the usual building business hours on business days, necessary amounts of domestic water for drinking purposes, heat, air-conditioning, and electric current for lighting purposes and power for a reasonable number of fractional horsepower office machines, together with Landlord’s standard janitorial services five times each week, Saturdays, Sundays and recognized legal holidays excepted. Landlord shall not supply any janitorial services or clearing for any plumbing fixtures located in the demised premises only and not the common area. Landlord shall provide the same services, maintenance and repairs for the demised premises at Landlord’s sole cost as Landlord provides to the other office space tenants in the building (as distinguished from ground-floor tenants) commensurate with comparable office buildings in Los Angeles. Tenant acknowledges shall have the obligation and responsibility for cleaning and maintaining any such plumbing fixtures. Tenant will not, without the written consent of Landlord, use any office equipment in the premises using current in excess of 110 volts, or which will in any way generate heat or increase the amount of electricity, water or air-conditioning usually furnished or supplied for use of the premises as general office space; nor connect any apparatus or device for the purposes of using electric current except through existing electrical outlets or for the use of water except with existing water pipes in the premises. If Tenant requires water or electric current in excess of that all utilities and/or services are usually furnished or supplied for use of the premises as general office space. Tenant shall first procure the consent of Landlord, which consent shall not be unreasonably withheld or delayed; provide, however, Landlord may cause a water meter or electric current meter to be installed in the premises, to measure the amount of water and electric current consumed for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant, with the NO Exception. Tenant must connect, or transfer utilities not provided and Tenant agrees to pay Landlord promptly upon demand therefor by Landlord into for all such water and electric current consumed as shown by said meters, at the name rates charged for such services by the City of Tenant within 2 days Los Angeles or the local public utility, as the case may be, for furnishing the same, plus any additional expense incurred in keeping account of the commencement water and electric current so consumed. In the event Tenant utilizes or consumes utilities or services after usual building business hours or in amounts which are appreciably in excess of Leasethose utilized or consumed by the average office tenants in the building, Tenant shall reimburse Landlord, as additional rent, upon receipt of demand therefor, the cost of such excess consumption. Landlord agrees to supply, for any storage areas leased hereunder, during usual building business hours on business days, reasonable amounts of electric current for lighting purposes only. Landlord shall have no obligation to supply to storage areas, water, heat, air-conditioning or electric current for any purposes other than lighting. At any time thereafterduring the term of this lease, Landlord may, without notice to Tenant, disconnect normal building business hours for the furnishing of any utilities serving Premises which are in the name of Landlord and are not being provided or services may be curtailed by Landlord under this Lease. Landlord maywithout abatement of rent, at Landlord’s option, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof due to any Energy of payment Natural Resource Conservation Act now or hereinafter enacted or the directive of final bills for all utilities any Energy 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility company, public authority Natural Resource Agency or any other person similar or entity (including Landlord) supplying dissimilar statute or distributing such directive of any federal, state or other governmental, or quasi-governmental agency, or public utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning other entity vested with the power to regulate utilities or sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all utilities and/or services are In addition 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 Tenant's Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the property. If Tenant does not turn it off the owner and Landlord are not shall be responsible for the charges cost of all utilities including electricity supplied to the TenantLeased Premises. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of Default. The Tenant shall not at any time overburden or exceed not, without the capacity prior written approval of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretionarbitrarily withheld, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage or any telecommunications lines and/or conduits in excess of that normally required for office premises. If such installation is approved by Landlord and if Landlord provides with the Landlord's approval such additional facilities equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to accommodate Tenant’s installationthe Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord to install separate meters), the Landlord shall pay the cost of the utilities and apportion the cost pro rata among the tenants supplied through the common meter, based on all relevant factors including, but not limited to, the hours of use, number and types of lights and electrical equipment and the proportion of each tenant's Rentable Area to the Rentable Area of all tenants to which the common meter relates. Upon receipt of the Landlord's statement of apportionment, the Tenant agrees shall promptly reimburse the Landlord for all amounts apportioned to the Tenant by the Landlord provided that the Landlord may elect by notice to the Tenant to estimate the amount which will be apportioned to the Tenant and require the Tenant to pay Landlordthat amount in monthly installments in advance simultaneously with the Tenant's payments of Basic Rent. Notwithstanding the foregoing, on demandand whether the Leased Premises are separately metered or not, the cost Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for providing such additional utility facilities or utility facilities its share of greater capacity. Landlord 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, apply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and consumed in respect of the Leased Premises if the Tenant were purchasing directly from the utility supplier. The Tenant shall upon the Landlord's request install a separate utility meter or (ii) for meters in the Leased Premises at the Tenant's expense. In addition to the payments to the Landlord required by this Article 7.00, the Tenant shall pay all rates, charges, costs and expenses as may be assessed or levied by any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused supplier of utilities to the Tenant other than those supplied by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all utilities and/or services are 13.1. Sublessor shall bring or shall cause utility lines to be paid for by Tenant, with brought to the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into ----- Subleased Premises at the name of Tenant within 2 days points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, as of the date of commencement of LeaseSublessee's activities, sufficient water, electricity, telephone, gas and sewer service. 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 Sublessee 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 Subleased Premises. If Tenant Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by LandlordSublessor, such installation shall be subject to Landlord’s Sublessor's and, if necessary, PDA's prior written approvalapproval of Sublessee's plans and specifications therefor, which may approval shall not be withheld at Landlord’s sole discretionunreasonably 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 Landlord Sublessor and PDA and if Landlord provides such Sublessor and PDA agrees to provide any additional facilities to accommodate Tenant’s Sublessee's installation, Tenant Sublessee agrees to pay LandlordSublessor and/or PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity, including but not limited to offsite sewer improvement charges allocable to the Subleased Premises to be charged by the City of Portsmouth under the Primary Lease including but not limited to Sublessee's share of the costs described in the last sentence of Section 14.5 of the Primary Sublease. Landlord PDA under the Primary Sublease also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that 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 Sublease, 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. PDA under the Primary Sublease, 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 (10) days after mailing by PDA to Sublessee of statements therefor, at the applicable rates determined by PDA from time to time which PDA agrees shall not be liable in excess of the public utility rates for the same service, if applicable, to Tenant other aviation tenants at the Airport. If PDA so elects to supply any of such utilities, 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 damages the method of furnishing of such utilities. 13.2. Sublessor shall be responsible for providing any meters or otherwise (i) if other devices ----- for the measurement of utilities supplied to the Subleased Premises. Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone and any other utility shall become unavailable from used or consumed in the Subleased Premises and supplied by PDA, any public utility company, public or authority or any other person person, firm 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 sprinkler) caused by corporation which are separately metered to the making Subleased Premises. 13.3. All work and construction under this Article shall comply with the ----- provisions of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination Article 10 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 Sublease applicable 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceconstruction work.

Utilities. Tenant acknowledges that shall, at its sole cost and expense, contract for and pay for all water, gas, electricity, heat, telephone, sewer, sprinkler charges and other utilities and/or and services are used at the Premises, together with any taxes, penalties, surcharges, connection charges, maintenance charges, and the like pertaining 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 ’s use 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 LeasePremises. Landlord may, at Tenant’s expense, separately meter and xxxx Tenant directly for its use of any such utility service. To the extent any utility service for the Premises is submetered, the meter shall be read by Landlord or Landlord’s optiondesignee, 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 Premises. If Tenant desires pay to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demandwithin 30 days after receipt of an invoice therefor, the cost of such service based on the actual rates charged for providing such additional service by the utility facilities company furnishing such service, including all fuel adjustment charges, demand charges and taxes. To the extent that any particular utility is not separately metered or submetered as provided above (e.g., water or sewer charges), Landlord shall, using its good-faith, reasonable judgment, allocate the expenses for such utility facilities among the existing users of greater capacitysuch utility based upon square footage, usage and/or otherwise in accordance with industry standards. Tenant, at its expense, shall obtain all utility services for the 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 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 or failure of utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by to the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlPremises, and the same such interruption or failure of utility service shall not constitute be a termination of this Lease or an constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Should If, however, Tenant is prevented from using the Premises for more than 7 consecutive days because of the unavailability of any interruption such service, Tenant promptly notifies Landlord of such unavailability, such unavailability was caused by Landlord or any of Landlord’s agents, contractors or invitees, and restoration of such service is within the reasonable control of Landlord, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 7-day period) that Tenant is so prevented from using the Premises. Rent shall not xxxxx by reason of the interruption, insufficiency, unavailability or discontinuance of utility services, result from such service if Tenant does not promptly notify Landlord of such unavailability or if such unavailability or discontinuance was not caused by Landlord and restoration of such service is not within the reasonable control of 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. 7.01 Tenant acknowledges that all utilities and/or services are to shall 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 shall pay directly to the Tenantsupplier or utility company all charges for electric service, including meter reading fees, if any, supplied to the Leased Premises. Tenant’s failure to pay any utility xxxx, as and when due, Such service/s shall constitute an Event of Default. be separately metered by individual meters for which 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 apply in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity's own name. Landlord shall not be liable to Tenant in damages or otherwise (i) if for any utility shall become unavailable from any public utility company, public authority or any other person or entity (including Landlord) supplying or distributing such utilitycompensatory damages, or (ii) for any interruption reduction in any utility service (including, without limitation, any heating, ventilation, air conditioning rent by reason of inconvenience or sprinkler) losses arising from power failure unless caused by the making gross negligence or willful misconduct of Landlord. 7.02 If Tenant uses the water/sewer services to the Leased Premises for other than normal restroom or drinking purposes, a water/sewer charge may, at the option of Landlord, be imposed accordingly at any necessary repairs time during the Lease Term based on Landlord's estimate of such usage and the charge applicable thereto. Such charge, if applicable, shall be paid as additional rent during the period in question. 7.03 Should Tenant's trash volume be of such size as to exceed the normal and customary amount of trash produced by an office tenant occupying 17,262 square feet of space and such increased trash volume creates additional costs for pickup, additional container size, more frequency of pick-up or improvements special handling, Landlord, at its sole option, may impose a trash charge to Tenant or increase such charge if previously applicable equal to the increased costs incurred by any cause beyond Landlords reasonable controlLandlord. Such amount may be levied for one or more months depending on the circumstances as determined by Landlord. 7.04 Should Landlord impose a charge/s upon Tenant for additional water/sewer or trash services, and the same shall not constitute a termination be deemed to be additional rental, and Tenant shall remit the amount due to Landlord within ten (10) days of this Lease receipt of invoice or an eviction of Tenant. Should any interruption or discontinuance of utility pay as additional rental installments thereafter, whichever is elected by Landlord. 7.05 Tenant shall pay for all telephone and other services, result from including but not limited to janitorial services, provided in or upon the Landlord’s action, negligent or otherwise, and the same Leased Premises for which Tenant shall continue, unabated, for a term of Thirty (30) business days and such interruption materially interferes with Tenant’s ability elect 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicecontract.

Utilities. Tenant acknowledges that shall be solely responsible for and promptly pay all utilities and/or charges for heat, water, gas, electric, sewer service arid any other utility service used or consumed on the Leased Premises. Should Landlord elect to supply all or any of the utility services are to be paid used or consumed on the Leased Premises, Tenant shall, within ten (10) days from presentation of the statement for such utility service, pay to Landlord, as additional rent under the terms hereof, the amount of said statement if it represents utility service furnished to the Leased Premises only or its Pro rata Share of said statement if it includes utility service to an area greater than the Leased Premises. Said pro ration of utilities shall be reviewed by TenantLandlord and Tenant 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 the Tenants and will be adjusted by Landlord, if necessary. The Tenant shall forthwith upon taking occupancy of the Leased Premises make arrangements with the NO Exception. Public Service Company, U.S. West or other appropriate utility company to pay the utilities used on the Leased Premises and to have the same billed to the Tenant must connect, or transfer utilities not provided at the address designated 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 Should there be a time where the Landlord remains responsible for utilities supplied to pay any utility xxxxthe Leased Premises, as the Landlord shall xxxx the Tenant therefore and when due, shall constitute an Event of Default. the Tenant shall not at any time overburden or exceed promptly reimburse the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the PremisesLandlord therefore. If Tenant desires to install any equipment which In no event shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 or failure in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making supply 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 to the option to terminate this Agreement without further liability to one anotherLeased Premises. In the event the utility company supplying water and/or sewer to the Leased Premises determines that an additional service fee, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenant's use and occupancy of the Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by the Tenant. Said expense shall be paid promptly and any such interruption of repairs requested by the utility company shall be performed by Tenant immediately and without any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicedelay.

Utilities. Tenant acknowledges that all utilities and/or services are to Utilities for the Leased Premises shall be installed, maintained, and paid for as follows: (a) Landlord shall bring to the Leased Premises utilities as provided in Exhibit C attached hereto. Such installation shall be at Landlord's sole cost and expense and in accordance with Exhibit C. No later than five (5) days after the Commencement Date, Tenant shall have utilities connected by the applicable utility company and shall pay the usual and customary activation fees for such utilities which shall be separately metered to Tenant. Further, with the NO Exception. if Landlord determines that Tenant must connect, or transfer is a substantial user of any utilities which are not provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereafterseparately metered, Landlord maymay require Tenant to install submeters for such utilities at its sole cost and expense. (b) Landlord shall maintain all utility conduits, without notice to Tenantpiping, disconnect any utilities serving conductor, and the like which serve the Leased Premises and 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 located 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 DefaultLeased Premises. Tenant shall not pay to Landlord Tenant's pro rata share of all costs and expenses, except for the cost of installation, paid or incurred by Landlord in maintaining such utilities off the Leased Premises. as provided in Article XIV of this Lease. (c) Commencing on the Commencement Date, Tenant, at any time overburden or exceed the capacity of the mainsTenant's sole cost and expense, feeders, ducts, shall maintain all utility conduits, or other facilities by which such piping, conductors, and the like located on the Leased Premises and shall pay for utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise as follows: (i) if any utility Utilities which are metered or submetered at Leased Premises shall become unavailable from any public utility companybe paid by Tenant on a usage basis as metered, public authority or any other person or entity (including Landlord) supplying or distributing such utility, or and (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning Utilities which are not metered or sprinkler) caused submetered at the Leased Premises shall be paid by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute Tenant on a termination pro rata basis as specified in Article XIV 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLease.

Utilities. Tenant acknowledges that all utilities and/or services ● Xxxxxxxx agrees to pay the following utilities: ○ Water/sewer, heating, electric, trash service, lawn care and snow removal. ● Tenants are asked to be paid for by Tenantnotify the Landlord immediately of any utility issues, with the NO Exception. Tenant must connectsuch as running, dripping or leaking water pipes, faucets, showers, toilet, heating, or transfer utilities electrical, etc... ● Landlord will not provided by Landlord into the name of Tenant within 2 days pay for any unreasonable excess usage 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 has the right to charge Tenant for any unreasonable utilities fees misuse or negligence. ● A utility cap will be reimbursed by enforced on electric per month and water per quarter. ○ Any overage charges are recorded and will be deducted from Tenant as additional rentsecurity deposit at the time of move out. Tenant must provide proof of payment of final bills ● Xxxxxxxx is responsible for trash removal at the leased premises. Each property has a designated trash container and all utilities or service termination (cutoff) slipstrash should be put into a properly sized garbage bag and tied. Tenants are responsible for turning utilities off asked to not put any large furniture items in their name after they vacate trash cans, and boxes should be broken down. Xxxxxxxx may charge a disposal fee if Tenant is not disposing of garbage correctly. ● Any belongings and or furniture the Tenant brings to the property must be taken upon move out, unless otherwise approved by Landlord. ○ All large furniture items (couches, beds, dressers,etc..) will not be taken without a fee. ○ Tenants are asked to take these items to the local dump located at Lycoming Transfer Station 0000 Xxxx 0xx Xx, Xxxxxxxxxxxx. ● If items are found left at the property belonging to Tenant that were not previously discussed, the Landlord may charge a disposal fee to security deposit. ● Tenants are not permitted to wash any vehicles or use any outside water hose at the property, due to Landlord paying for water utilities. If Tenant ● The leased property does not turn it off the owner have central air and Landlord are does 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 Defaultprovide air conditioning units. Tenant shall not is permitted to bring an air conditioning unit at any time overburden no additional charge, but the electric utility cap will be monitored. Only one unit is permitted per Tenant, if more than one AC unit is desired, there will be an additional monthly ● Tenants are asked to keep doors and windows closed during the winter months when the heat is on. Any house found to have windows and or exceed doors open when the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall heat is on may be subject to fees or charged a part of a heating bill during that time period. ● Tenants are not permitted to have any alternative heating source such as a kerosene or space heater without prior consent of Landlord’s prior written approval, which . If an alternative heating source is found being used without permission Tenant may be withheld at Landlord’s sole discretion. If such installation subject to a fine and is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by damages that occur on the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and property due to 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceheating unit.

Utilities. (a) Tenant acknowledges that all shall pay for water, sewer, gas, electricity, heat, power, telephone and other communication services and any other utilities and/or services are supplied to be paid the Premises. Except 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 that are not separately metered (for which Landlord shall 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 provided by repaired, Tenant shall be responsible for its pro rata share of utility usage based upon Landlord’s reasonable estimate. Landlord under shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Landlord mayshall have the exclusive right to select, and to change, the 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, Landlord may invoice Tenant separately for, and Tenant shall pay on demand, the cost of Tenant’s excessive consumption, as reasonably determined by Landlord. (b) From time to time, at Landlord’s option, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills Landlord may estimate the monthly cost for all utilities that are not being directly metered and billed to Tenant and xxxx Tenant the estimated amount therefor. All such estimated amounts shall be paid together with Monthly Rent. Landlord shall deliver to Tenant at least annually (or service termination more frequently at Landlord’s election) a statement indicating the actual amount of Tenant’s share of such utilities based upon the actual utility invoiced (cutoff) slips. Tenants are responsible for turning utilities off in their name after they vacate the propertyas may be applicable). If any reconciliation of utilities reveals that any additional payments are due, Tenant does not turn it off shall pay such deficiency to Landlord within fifteen (15) days after invoice therefor. If the owner and reconciliation reveals that Tenant has overpaid utilities for such period, Landlord are not responsible for shall credit such overpayment against Rent hereunder, or if the charges Term has expired, pay such amount to the Tenant. Landlord’s and Tenant’s failure obligation to pay any utility xxxx, as and when due, overpayment or deficiency due the other pursuant to this Section shall constitute an Event of Default. Tenant shall not at any time overburden survive the expiration 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLease.

Utilities. Tenant acknowledges that all utilities and/or services 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 install any time overburden equipment (such as tabulating or exceed computing equipment) in the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the PremisesPremises without Landlord's prior written consent. If Tenant desires Landlord shall not unreasonably withhold its consent to Tenant's request to install any equipment which shall require additional utility facilities or utility facilities pursuant to the preceding sentence, provided that without limiting the generality of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationforegoing, Tenant agrees that it shall be reasonable for Landlord to withhold such consent on the grounds that the proposed equipment to be installed by Tenant will generate excessive heat or adversely affect Building Systems or Building Structure, unless in circumstances in which Landlord's concerns may be satisfied by taking corrective measures, Tenant pays for all corrective measures Landlord in its reasonable discretion deems necessary. Tenant shall pay to Landlord the estimated cost of such corrective measures in advance of Landlord's commencing any such work. As soon as reasonably practicable after the completion of such corrective work, on demand, Landlord shall provide Tenant with evidence of the cost for providing such additional utility facilities or utility facilities of greater capacitythereof. Landlord 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 sprinkler) caused by the 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 Within thirty (30) business daysdays after receipt of such accounting, Tenant shall pay any deficiency to Landlord or Landlord shall refund any overpayment to Tenant. It shall not be considered unreasonable for Landlord to withhold its consent if such equipment requires an electrical current other than 120 volt, single phase, or if such equipment requires special circuits or grounding or singularly consumes more than 0.5 kilowatts at rated capacity. Landlord's Actual Cost of the installation and maintenance of special electrical facilities approved by Landlord shall be paid by Tenant, as Additional Rent, upon demand. All costs for extraordinary, unusual or excessive demand by Tenant for electrical or other utility service and all costs of submetering or monitoring such use shall be borne by Tenant, and Landlord reserves the right to impose an additional charge (which shall in no event be in excess of Landlord's Actual Cost therefor) on Tenant for such extraordinary, unusual or excessive demand for electrical or other utility service in an amount reasonably determined by Landlord to be due. Excessive demand shall mean the combined load of the incidental use equipment and Tenant's lighting fixtures in excess of an average of four (4) wattx xx demand load per rentable square foot of the Premises during the hours set forth in Section 5.2(1)(a), below. Landlord shall provide adequate electrical wiring and facilities for Tenant's lighting fixtures and incidental use equipment to accommodate a maximum connected load capacity of seven (7) wattx xxx rentable square foot of the Premises to the bus riser on each have full floor of the option Premises, provided that Tenant shall bear the expense of horizontally distributing such electricity to terminate this Agreement without further liability the Premises, including, but not limited to, costs relating to one anothertransformers and disconnect switches. In Notwithstanding the event of any such interruption of any such services as contemplated by this paragraphforegoing, Landlord shall shall, at Landlord's sole cost and expense, provide electrical panels on each floor of the Premises sufficient to distribute an average of four (4) wattx xx demand load per rentable square foot of the Premises during the hours set forth in Section 5.2(1)(a), below. Landlord reserves the right to install, at Tenant's sole cost and expense, submeters and related equipment, relating to Tenant's use reasonable diligence to restore such serviceof electrical or other utility services for the purposes of monitoring and billing any excessive use of electricity by Tenant.

Utilities. (a) Tenant acknowledges that shall be solely responsible for, and shall promptly pay before delinquency, all utilities and/or charges for use or consumption of heat, sewer, water, gas, electricity, telephone or any other utility services are supplied to Tenant or to the Premises during the term hereof. Should Landlord elect to supply any utility service, Tenant agrees to purchase and pay for the same at the applicable rates then prevailing in the community. Should any utility service be paid provided on a joint meter to the Premises and to other spaces within the Building, Tenant shall reimburse Landlord for its pro rata share (based upon floor area square footage) of such jointly supplied utility service. Such reimbursement shall be made within ten (10) days following the receipt of Landlord's statement indicating the share owed by Tenant, with Tenant and such shall be considered additional rent hereunder. (b) Landlord shall not be liable in the NO Exceptionevent of any interruption in the supply of any utility service to the Premises or to the Building. Tenant must connectagrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant's expense in accordance with plans and specifications first approved in writing by Landlord. (c) In the event any governmental authority promulgates or revises any statute, ordinance or building, fire or other code, or transfer utilities not imposes mandatory or voluntary controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or the provision of any other utility or service provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereafter, Landlord may, without notice with respect 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 optionin its sole and absolute discretion, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities take any action necessary to comply with such mandatory 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 voluntary controls or guidelines, including making alterations to the TenantBuilding. Tenant’s failure to pay any utility xxxx, as Such compliance 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of such alterations shall in no event entitle Tenant to any necessary repairs damages, relieve Tenant of the obligation to pay the full Rent or improvements to perform each of its other covenants hereunder or by any cause beyond Landlords reasonable control, and the same shall not constitute or be construed as a termination of this Lease constructive or an other 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges shall be solely responsible for and promptly pay all charges for water, gas, electricity, sewer charges or trash removal (if any) or any other utility used or consumed in the Leased Premises. To the extent that all utilities and/or services are Landlord supplies to be paid for by Tenantthe Leased Premises or to VIA MIZNXX XXXANCIAL PLAZA water, with the NO Exception. Tenant must connectgas, electricity, sewer charges, trash removal, 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 other utility used or consumed 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 Leased Premises 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demandwithin VIA MIZNXX XXXANCIAL PLAZA, the cost of such services and utilities shall be included in the VIA MIZNXX XXXANCIAL PLAZA Operating Costs. In no event shall Landlord be liable for providing an interruption, failure, or defect in the supply or character of any such additional utility facilities utilities furnished to the Leased Premises, improvements or utility common facilities of greater capacity. Landlord shall VIA MIZNXX XXXANCIAL PLAZA (including but not be liable limited to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility companywater rationing and electrical power brownouts and blackouts), public authority or any other person act or entity (including Landlord) supplying omission of the public or distributing such utility, private utility serving VIA MIZNXX XXXANCIAL PLAZA or (ii) for any interruption in any utility service (includingother reason not attributable to Landlord. Tenant will at all times comply with the rules, without limitationregulations, any heatingterms and conditions applicable to service, ventilationequipment, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlwiring, and requirements of the same shall not constitute a termination of this Lease public or an eviction of Tenant. Should any interruption or discontinuance of private 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 supplying electricity 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 anotherVIA MIZNXX XXXANCIAL PLAZA. In the event that, in Landlord's judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Landlord at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid with the next rental payment to Landlord after delivery of an invoice to Tenant by the Landlord. Tenant shall also be required prior to taking possession of the Leased Premises to pay to the Landlord any and all water or sewer connection or meter charges for the Leased premises if the Landlord has been required to pay such charges by any private or governmental authority having jurisdiction thereover. Tenant specifically acknowledges that Landlord is not the supplier of any such interruption utility services including but not limited to electrical service, telephone service and water service, and the unavailability of any such services as contemplated to the Leased premises due to blackout, moratorium, rationing or any other reason will not constitute or form the basis of a right by this paragraphTenant to abatx xx adjust any rental payments due hereunder, Landlord shall use reasonable diligence to restore the Tenant hereby assuming all responsibility and risks for obtaining such serviceservices.

Utilities. Tenant acknowledges that shall make arrangements 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 and/or services 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 provided with respect to this 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 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 construed 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, with the NO Exception. Tenant must connectwhich Port may give or refuse in its sole and absolute discretion, 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 place or install in the Premises any time overburden or exceed equipment that weighs in excess of the normal load-bearing capacity of the mainsfloors of the Facility or the pier, feedersas applicable, ducts, conduits, or other facilities by which such utilities are supplied to, distributed and as may be further described in or serve the PremisesBasic Lease Information. If Tenant desires Port consents to install any equipment which shall require additional utility facilities the placement or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 interruption 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 necessary to assure that no damage to the Premises or the Facility or weakening of any such services structural or substructural supports, as contemplated by this paragraphthe case may be, Landlord shall use reasonable diligence to restore such servicewill be occasioned thereby.

Utilities. (a) The Tenant acknowledges that all utilities and/or services are to be paid for by shall pay, Tenant, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days ’s Proportionate Share of the commencement cost of Lease. At any time thereafterthe water, Landlord may, without notice to Tenant, disconnect any utilities serving Premises which are in the name of Landlord sewer 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 Common Area electricity charges for the charges to the Tenant. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of DefaultBuilding. Tenant shall pay said share as additional rent in the manner provided in Article 5 hereof. Landlord has or will install separate meters for electricity and natural gas service to the Leased Premises. Tenant shall pay directly to the utility provider for the electricity and natural gas used by Tenant in the Leased Premises. For natural gas or electric meters used in common with other tenants and/or common space Landlord shall allocate a pro rata share of such meter to Tenant based on a reasonable estimation of usage and pass-through only that pro rata share to Tenant. If, and to the extent the Leased Premises are separately metered with the utility service provided in Tenant’s name, Tenant shall not at cause or allow the termination of any time overburden natural gas or exceed electrical service to the Leased Premises during the term hereof. (b) Electricity shall be provided to the Tenant for lighting and business office equipment, including personal computers, computer servers, copiers and refrigerator. (c) Tenant shall not use electric current which exceeds the capacity of the mainselectric system of the Building or Leased Premises, feeders, ducts, conduits, notwithstanding any consent by the Landlord to the use of any electrical devices on the Leased Premises or other facilities elsewhere in the Building by which such utilities are supplied to, distributed Tenant. Any addition to the electrical system of the Building made necessary by the electric consumption on the Leased Premises or elsewhere in or serve the Premises. If Building by the Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld made by the Landlord at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationexpense. (d) Landlord reserves the right, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable without liability to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility companyaffecting Lease, 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, to reasonably interrupt without limitation, any undue discomfort heating, ventilationair conditioning, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlelectrical and plumbing service to Leased Premises for repairs, replacements, alteration, during emergencies, and when prevented from supplying the same shall not constitute a termination of this Lease by strike, shortage 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicegovernmental regulation.

Utilities. Tenant acknowledges that Landlord agrees to furnish water, sewer, trash, natural gas, cable TV (expanded basic service), and internet access (optical ethernet), as provided in the Utility Addendum attached to this Lease as Exhibit D. Tenants agree to reimburse Landlord for a portion of the cost for water, sewer and trash via a monthly surcharge in the amount as determined in Section 1 of this Lease. Tenants must pay and provide required activation fees or other deposits for all other utilities and/or services (including electric, city services, and city fees), and shall pay for all local and long-distance phone service. Tenants must contact the utility providers to establish service to begin on or before the Starting Date prior to moving into the Apartment, and Tenants will be billed and pay those utilities directly to the appropriate utility company during the Lease Term. If any of those costs are paid by Landlord, Tenants must reimburse Landlord for those costs and any such costs are payable by Tenants to Landlord as additional Rent. If Tenants want additional cable channels or additional internet capacity, if available, they will be paid at Tenants’ expense and Tenants must make arrangements for same through the Landlord-approved provider. Tenants will not install satellite dishes or any other like equipment anywhere on / in the Apartment Community. All utilities may be used only for normal household purposes and must not be wasted. Failure or refusal to place electricity utilities into Tenants’ names or failure to maintain service in Tenants’ names constitutes a default under this Lease. Illegal downloading, uploading or other illegal internet activity by Tenant, with Tenants on any device connected to the NO Exception. Tenant must connect, or transfer utilities not internet through the connection 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 constitutes a default under this Lease. Landlord maywill not be liable for any interruption, at Landlord’s optionsurge, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof or failure of payment of final bills for all utilities or service termination utility services (cutoffincluding internet access) 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 TenantApartment or any damage directly or indirectly caused by the interruption, surge or failure. Tenant’s failure to pay any utility xxxxUtilities paid by Tenants must remain on, in Tenants’ names, through the Ending Date regardless of whether Tenants have moved out, except and unless Tenants have sublet the Apartment 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if or Landlord provides such additional facilities has relet the Apartment pursuant to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination Section 3 of this Lease or an eviction of TenantLease. Should any interruption or discontinuance of utility servicesBy initialing below, result from you acknowledge and agree to 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 anotherterms in Section 1. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.X Initial Here

Utilities. Tenant acknowledges that all utilities and/or services are to shall 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 solely responsible for turning utilities off in their name after they vacate and promptly pay all charges for heat, water, gas, electric, sewer service and any other utility service used or consumed on 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. If Tenant desires is responsible for any utility that is also provided to install any equipment which shall require other users, or is billed through Landlord, Tenant shall, within ten (10) days from presentation of the statement for such utility service, pay to Landlord, as additional rent under the terms hereof, the full amount of said statement if it represents utility facilities service furnished to the Leased Premises only or (100%) percent of said statement if it includes utility facilities of a service to an area greater capacity than the facilities provided Leased Premises. Landlord and Tenant shall 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 Landlord, all Tenants and adjust such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretionpercentage if necessary. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationso requests, Tenant agrees shall arrange with all appropriate utility companies to pay Landlord, the utilities used on demand, the cost for providing such additional utility facilities or utility facilities of greater capacityLeased Premises and to have the same billed to Tenant at the address designated by Tenant. In no event shall Landlord shall not be liable for any interruption or failure in the supply of any such utility to Tenant in damages or otherwise (i) if the Leased Premises. If any utility shall become unavailable from any public utility companycompany serving the Leased Premises determines that an additional service, public authority impact fee, and/or assessment, or any other person type of payment or entity (including Landlord) supplying penalty is necessary due to Tenant’s use and occupancy of the Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by Tenant. Said expense shall be paid promptly, and any repairs or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused modifications requested by the making of utility company shall be performed by Tenant immediately and without 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicedelay.

Utilities. Tenant acknowledges that is responsible for all utilities and/or services consumed on Leased Premises. Thermostat for heat shall be set so as the ambient temperature does not fall below 60 degrees F. Repair costs that are the result of frozen water pipes due to inadequately heated Premises are the responsibility of the Tenant, and may be deducted from the Security deposit. Tenants are not permitted to use/install window air conditioning units without express written permission of the Landlord. The city of Athens sends out utility bills to each address addressed to the occupant. Tenants agree to pay for these charges during the entire term of the lease on a prorated basis. The final water xxxx will be automatically deducted from the security deposits. Pets: No pets are allowed without express written permission from the Landlord including any creature in an aquarium. Condition at Occupancy, Damages and Repairs to Property: Prior to occupancy of premises, Landlord and Tenant shall perform a walkthrough of the Premises in order to perform an inspection of condition. The results of this inspection shall be recorded on the “Tenant Move-In Sheet”, and both Landlord and Tenant shall acknowledge the unit’s condition at possession by signature. Tenants shall pay for all repairs to the premises and appliances that are necessary because of Tenant’s negligence or abuse, and the cost of said repairs shall be paid for by Tenant, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant Tenants within 2 fourteen days of the commencement of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving Premises which are in day Tenants receive an invoice or xxxx from 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in for damages caused by Tenants or otherwise (i) if any utility Tenants’ guests, but Landlord shall become unavailable make repairs caused by normal wear and tear. The Landlord shall not be liable for personal injury or property damage resulting from any public utility company, public authority activity 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 sprinkler) caused by occupancy of the making of rental unit. Tenants shall report any necessary repairs repair or improvements or by any cause beyond Landlords reasonable controldamage to the Landlord within twelve hours of discovering the same, and the same Landlord will make the necessary repairs within a reasonable period of time after Tenants give written notice of the need for such repairs. Tenants shall not constitute a termination of this Lease repair or an eviction of Tenant. Should have repairs made for any interruption or discontinuance of utility services, result from the damages without 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 anotherconsent. In the event of a break-in, Tenant is required to notify the Landlord and file a police report at the time of discovering the break-in. Landlord is not responsible for damages due to break-ins if a police report was not filed for the event and any such interruption repairs of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence damages will be charged to restore such serviceTenants and withheld from the security deposits.

Utilities. Tenant acknowledges that all utilities and/or services 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 mayLandlord, at Landlord’s option's sole cost and expense, 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 shall furnish 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 xxxxpremises during normal business hours, 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 be determined by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided Landlord by regulations duly adopted by Landlord, and provided Tenant is not in default under any of the provisions of this Lease, all water, gas, heat, light (including light bulbs and tubes), electricity, sewage, air-conditioning, and janitorial service used in the premises. The interruption or curtailment of any such installation services shall be subject not constitute constructive eviction and shall not entitle Tenant to the abatement of rent or to any other claim against Landlord when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable under any circumstances for loss of business or injury to Tenant property however occurring, through or in damages connection with or otherwise (i) if incidental to failure to furnish any utility shall become unavailable from any public utility companyof the foregoing, public authority or any other person or entity (including Landlord) supplying or distributing unless such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) failure is caused by the making gross negligence or the willful misconduct of Landlord. Tenant shall pay and provide for all services and utilities not furnished by Landlord. Tenant will not, without the written consent of Landlord, use any necessary repairs apparatus or improvements device in the premises which will in any way increase the amount of electricity or by water usually furnished or supplied for use of the premises for general office purposes or connect with electric current, except through existing electrical outlets in the premises, or water pipes, any cause beyond Landlords reasonable controlapparatus or device for the purposes of using electric current or water. If Tenant shall require water or electric current in excess of that customarily furnished or supplied for general office purposes, Tenant shall first procure the consent of Landlord, and the same Landlord may but shall not constitute a termination be required to cause an electric current or water meter to be installed in the premises so as to measure the amount of this Lease excess electric current or an eviction of water consumed by 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 The cost of any such interruption meter and of any installation, maintenance and repair thereof shall be paid by Landlord and Tenant agrees to pay to Landlord promptly upon demand therefor the cost of all such excess water and electric current consumed, as reasonably determined by Landlord or as shown by said meters, at the rates charged for such services as contemplated by this paragraphthe local public utility furnishing the same, Landlord shall use reasonable diligence to restore such serviceplus any additional expense incurred in keeping account of the excess electric current or water so consumed.

Utilities. Tenant acknowledges that shall, at its sole cost and expense, arrange for the supply of garbage and janitorial services within Tenant’s own separate space, or will reimburse landlord for any costs associated with trash removal and other janitorial cost incurred. Tenant will be responsible for reimbursing Landlord or Landlord’s assignees for all utilities and/or other services, including Electric, Gas, Water and Common Area (6%-- six percent--of share of building’s utilities), Maintenance of corridors, Bathrooms, hallways, means of egress, elevators and outer areas. Tenant shall pay all of his share of fees and charges for water, gas, electricity, garbage, and sanitary sewer services supplied to the Premises, irrespective of whether or not the services are maintained in Landlord or Tenant’s name. To the extent any such services are not separately metered or billed, Tenant shall reimburse Landlord for the cost thereof on a pro rata basis based upon either the relative square footage (for PG&E) or number of persons occupying and traffic (for Common Area Maintenance) of all of the premises that share utility services. Utilities to accrue to Tenant effective with date of move-in. As long as utilities are shared among tenants, Xxxxxx agrees to keep its share of utilities as low as possible by: 1) using energy-efficient bulbs and appliances; 2) turning off lighting, HVAC and equipment at night, when not in use, and/or whenever feasible and not in use. Tenant agrees to keep the common area, its own area and the bathroom clean and free of debris at all times. Under no conditions may trash be paid for by Tenantplaced in any common or open area of the building, with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into exception of placing it out on the name street at time 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 expected pick-up if such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 interruption of any such services as contemplated arranged by this paragraph, Landlord shall use reasonable diligence to restore such servicetenant.

Utilities. The Tenant acknowledges that all utilities and/or services are agrees to be paid responsible and pay for by Tenantall public utility services rendered or furnished to the demised premises during the term hereof, including, but not limited to, heat, water, gas, electric, steam, telephone service and sewer services, together with all taxes, levies or other charges on such utility services when the NO Exceptionsame become due and payable. Tenant must connectLandlord will use its best efforts to separately meter utilities. Landlord shall provide, or transfer utilities not provided by Landlord into the name of Tenant within 2 days of the commencement of Lease. At any time thereaftercause to be provided, 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 such utility services to the Tenant. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of Defaultpremises. Tenant shall be responsible for all utility services and costs inside the premises. Should any utility service not at any be separately metered, then Tenant shall be responsible for its prorata share thereof as determined from 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided time and billed by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable for the quality or quantity of or interference involving such utilities unless due directly to Tenant in damages or otherwise (i) if any utility shall become unavailable from any public utility company, public authority Landlord's negligence. During the term hereof or any other person renewal or entity (including Landlord) supplying extension period, whether the demised premises are occupied or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the 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 daysunoccupied, Tenant agrees to maintain heat sufficient to heat the demised premises so as to avert any damage to the demised premises on account of cold weather. Sprinkler systems, if any, located in Tenant's area shall be maintained in accordance with National Fire Protection Association standards to ensure proper operation. Sprinkler control valves (interior and Landlord exterior) located in Tenant's area shall each have the option to terminate this Agreement without further liability to one anotherbe monitored by supervisory alarm service. In the event fifty percent (50%) or more of the total number of sprinkler heads require replacement at any one time as part of ordinary maintenance, such interruption cost shall be fifty percent (50%) borne by Landlord and fifty percent (50%) borne by Tenant. Tenant shall replace all sprinkler heads due to painting or environmental exposure from Tenant's operations. All other cost of any such services as contemplated maintaining the sprinkler system in Tenant's area shall be paid by this paragraph, Landlord shall use reasonable diligence to restore such servicethe Tenant.

Utilities. Tenant acknowledges that all utilities and/or services are (a) Landlord agrees to be paid for by Tenantprovide the necessary mains, with ducts and conduits in order to bring water, gas, electricity and telephone service to the NO ExceptionDemised Premises. Tenant must connect, Landlord may interrupt or transfer utilities not provided by Landlord into suspend the name supply of Tenant within 2 days any such service to the Demised Premises in order to make necessary repairs or alterations to the Demised Premises or to any other part of the commencement building or the property on which it is situated. There shall be no abatement of Lease. At rent by reason of any time thereafter, interruption or suspension of such services. (b) Landlord may, without notice further agrees 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 Demised Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages or otherwise : (i) if any utility shall become unavailable from any public utility companyAdequate heat and air conditioning when necessary, public authority or any other person or entity (including in Landlord) supplying or distributing such utility, or 's reasonable judgement; and (ii) To furnish adequate electricity for any interruption normal business uses in any utility service the Demised Premises and to furnish adequate bulbs for lighting fixtures at the inception of the Lease, and thereafter to replace bulbs as needed at Tenant's request. If electricity and/or gas servicing the Demised Premises is separately metered for the Demised Premises: (including1) Tenant will pay its pro-rata the ration expressed as a percentage of the square foot area in the Demised Premises set forth in the Recitals Paragraph herein to the total square foot area occupied by all Tenants in the building in which the Demised Premises are located), without limitation, any heating, ventilation, air conditioning or sprinklerand (2) caused the Landlord will prepare a monthly bill for the Tenant's cost of electricity and this bxxx will be paid as additional rent by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, Tenant in xxdition to and with the same shall not constitute a termination of this Lease or an eviction monthly rental installment. (c) For the Benefit of Tenant. Should any interruption or discontinuance 's use of utility servicesthe Demised Premises and all other tenants, result from Landlord agrees to provide in the Landlord’s actionbuilding: (i) Necessary lines and means of distribution for hot and cold water for restrooms and refrigerated water for drinking; (ii) Restroom facilities reasonably accessible to the Demised Premises, negligent or otherwisesupplied with soap, toilet tissue and maintained in clean and sanitary condition; and (iii) Reasonable access to 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 Demised Premises for the Premises until installation of such utility service has been restoredtelephone, telegraph, teletype, data processing and should other equipment as Tenant may reasonably require. Any charges for the installation, use or servicing of such interruption continue for an additional thirty (30) business days, Tenant and Landlord equipment shall each have be the option to terminate this Agreement without further liability to one another. In the event obligation of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceTenant.

Utilities. Tenant acknowledges that shall be responsible for arranging all utilities and/or and services are whatsoever to be paid for by Tenant, with furnished to the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days interior of the commencement of LeaseLeased Premises ("Interior Utilities"). At any time thereafter, Landlord may, without notice All Interior Utilities shall be separately metered 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 Tenant shall 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 paying all costs 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 expenses of the mainsINITIAL: LESSEE KWW LESSOR BJP ------- ------- LAZER TECH DESIGNS, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 LTD W3Y-TLO78 P. 11 ----------------------------------------------------------- Interior Utilities (including, without limitation, any heatingthe monthly charges for Interior Utilities, ventilation, air conditioning and all "hook- up fees" or sprinkler) caused by the making of any necessary repairs or improvements or other costs whatsoever charged by any cause beyond Landlords reasonable controlutility company for, or in connection with, the commencement of service). Tenant's obligation to pay rent shall not be affected by any failure of Tenant to timely arrange for the commencement of service of Interior Utilities. Tenant may contract, at Tenant's sole expense, for such janitorial services as Tenant desires for the interior of the Leased Premises, with the janitorial company which Landlord shall from time to time designate to service the complex. Said janitorial company shall xxxx Tenant directly for Tenant's interior janitorial service, and Tenant shall pay such invoices directly to the same janitorial company. Tenant may contract directly with a janitorial service of Tenant's choice, so long as such janitorial service complies with Landlord's standard security procedures, and so long as Landlord has previously approved the janitorial service in writing (which approval shall not constitute a termination be unreasonably withheld or delayed). In addition, Landlord shall, at Landlord's expense, provide adequate lighting and other appropriate utilities to the common areas of this Lease or an eviction of Tenantthe Complex. 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 have the rent for the Premises until such right to reduce any 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 as required by any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicemandatory or voluntary fuel or energy conservation program.

Utilities. Landlord shall provide customary utility lines stubbed to the Premises, including supply and return lines for air conditioning, in the manner and to the extent set forth in the Work Letter. Except as otherwise provided in the Work Letter, the distribution of utility lines within the Premises shall be the responsibility of Tenant, at Tenant's cost. Tenant shall pay all sewer "hook-up fees" and annual sewer charges and other similar charges which may be levied by utility as a fee for connecting the Premises to the utility supply. Tenant shall pay for all separately metered gas, power and electric current, sewer and all other utilities used by Tenant in the Premises; provided that, so long as Tenant's water usage does not exceed the amount which is reasonably expected for an average retail tenant, as reasonably determined by Landlord, Tenant shall not be charged for its water usage. Landlord shall have the right, at Landlord's expense, to install separate utility meters to measure utility usage in the Premises. Tenant acknowledges that all utilities and/or services are that, because of the nature of the Premises, Tenant might not have access to be paid the controls for by Tenantheating, air conditioning or lighting at the Premises and shall not attempt to make any changes to such controls located outside the Premises. Landlord, at Landlord's cost, shall provide Tenant with the NO Exceptionone telephone line and a house phone. Tenant must connectshall be responsible for local and long distance service. Landlord, or transfer utilities not provided by Landlord into at Tenant's cost, shall provide garbage service for 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 LeasePremises. Landlord may, at Landlord’s optionfrom time to time, pay utilities prescribe reasonable rules 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 regulations and Landlord are not responsible billing procedures for the charges to the Tenant. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event implementation of Defaultthis Section. Tenant shall not at install any time overburden or equipment which can exceed the capacity of any utility facilities serving the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install Premises and if any equipment which shall require installed by Tenant requires additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlordfacilities, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 be installed at Tenant. Should any interruption or discontinuance of utility services, result from the 's expense in compliance with all code requirements and plans and specifications which must first be approved in writing by 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all utilities and/or services are 13.1 Landlord agrees to be paid for by Tenantprovide at the Commencement Date the utility service connections necessary to supply water, with electricity, telephone service, gas (if gas service is available), and sewerage service to the NO ExceptionDemised Premises. 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 Any changes to existing service due to Tenant’s occupancy shall be at Tenant’s expense. 13.2 Tenant shall promptly pay all charges for electricity, disconnect any water, gas, telephone service, sewerage service and other utilities serving Premises which are in furnished to the name of Landlord and are not being provided by Landlord under this LeaseDemised Premises. Landlord may, at if it so elects, furnish one or more utility services to Tenant, and in such event Tenant shall purchase the use of such services as are tendered by Landlord’s option, and shall pay utilities and be reimbursed by Tenant on demand as additional rent. Tenant must provide proof of payment of final bills for all utilities rent the rates established therefor by Landlord which shall not exceed the rates charged by the local public utility companies, 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 if any utility is supplied by or through Landlord are not responsible for the charges to the Tenant. but Tenant’s failure to pay any utility xxxxusage is not submetered, as and when due, shall constitute an Event of Default. Tenant shall not pay Landlord for its usage as reasonably estimated and billed by Landlord. Landlord may at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which with at least thirty (30) days’ prior notice discontinue furnishing any such utilities are supplied to, distributed in or serve the Premises. If Tenant desires service without obligation to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. . 13.3 Landlord 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 whatsoever in any utility service (includingservices nor shall there be an abatement of rates, without limitationcharges or rents for an interruption, any heatingwhich is due to fire, ventilationaccident, air conditioning strike, acts of God or sprinkler) caused by other causes beyond the making control of any necessary Landlord, or in order to make alterations, repairs or improvements improvements. 13.4 Upon the expiration of the Term or by any cause beyond Landlords reasonable control, and the same shall not constitute a extension thereof or sooner termination of this Lease or an eviction pursuant to the terms hereof, Tenant shall arrange for the transfer to Landlord of Tenant. Should any interruption or discontinuance of utility services, result from all service contracts for utilities and other services to 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 Demised Premises then in 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicename.

Utilities. Tenant acknowledges that all utilities and/or services are In addition 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 Tenant's Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the property. If Tenant does not turn it off the owner and Landlord are not shall be responsible for the charges cast of all utilities including electricity supplied to the TenantLeased Premises. Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of Default. The Tenant shall not at any time overburden or exceed not, without the capacity prior written approval of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretionarbitrarily withheld, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage or any telecommunications lines and/Or conduits in excess of that normally required for office premises. If such installation is approved by Landlord and if Landlord provides with the Landlord's approval such additional facilities equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to accommodate Tenant’s installationthe Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord to install separate meters), the Landlord shall pay the cost of the utilities and apportion the cost pro rata among the tenants supplied through the common meter, based on all relevant factors including, but not limited to, the hours of use, number and types of lights and electrical equipment and the proportion of each tenant's Rentable Area to the Rentable Area of all tenants to which the common meter relates. Upon receipt of the Landlord's statement of apportionment, the Tenant agrees shall promptly reimburse the Landlord for all amounts apportioned to the Tenant by the Landlord provided that the Landlord may elect by notice to the Tenant to estimate the amount which will be apportioned to the Tenant and require the Tenant to pay Landlordthat amount in monthly installments in advance simultaneously with the Tenant's payments of Basic Rent. Notwithstanding the foregoing, on demandand whether the Leased Premises are separately metered or not, the cost Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for providing such additional utility facilities or utility facilities its share of greater capacity. Landlord 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, apply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and consumed in respect of the Leased Premises if the Tenant were purchasing directly from the utility supplier. The Tenant shall upon the Landlord's request install a separate utility meter or (ii) for meters in the Leased Premises at the Tenant's expense. In addition to the payments to the Landlord required by this Article 7.00, the Tenant shall pay all rates, charges, costs and expenses as may be assessed or levied by any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused supplier of utilities to the Tenant other than those supplied by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. If the Premises are separately metered as of the Commencement Date, Tenant acknowledges that shall pay all utilities and/or charges for all separately metered and separately billed gas, electricity, telephone and other utility services are used, rendered or supplied upon or in connection with the Premises directly to the provider therefor and shall indemnify Landlord against liability or damage on such account. Notwithstanding anything herein to the contrary, Landlord shall cause the Premises to be paid separately metered 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 electricity as of the commencement Commencement Date. The costs of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving Premises which are in the name not separately metered shall be included as an Operating Expense. If Landlord has reason to believe that Tenant is using a disproportionate share of Landlord and are any utility which is not being provided by Landlord under this Lease. separately metered, Landlord may, at Landlord’s optionelection, 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 propertyat Landlord’s expense, conduct an engineering audit to estimate Tenant’s actual use. If such audit determines that Tenant is using more than its proportionate share of any utility and Tenant does not turn it off the owner and cease such excess use following notice from Landlord, Tenant shall reimburse Landlord are not responsible for the charges cost of the audit and Tenant shall pay for any use above its proportionate share as Additional Rent. Landlord shall have the right from time to time, in its reasonable discretion, to select the company or companies providing electricity, gas, fuel, or any other utility services to the TenantBuilding (provided that Tenant shall be permitted to select its own telecommunications provider). Tenant’s failure Landlord reserves the right to pay change electricity providers for the Building at any utility xxxx, as time and when due, shall constitute an Event of Defaultto purchase green or renewable energy. Tenant shall not at any time overburden or exceed the capacity be required to provide a copy of the mainselectric bill for the Premises to Landlord’s Property Manager each month, feedersand, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided if requested by Landlord, such installation Tenant shall also be subject required to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by submit to Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 electricity consumption data and costs in a format deemed reasonably acceptable by Landlord) supplying or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges Subtenant shall pay all charges for water, sewer, gas, internet, electricity, telephone and other services and utilities used by Subtenant on the Subleased Premises during the Sublease Term unless otherwise expressly agreed in writing by Sublandlord. Subtenant, at its expense, shall be responsible to ensure that all utilities and/or services are separately metered and if so, any payments shall be made directly to be paid the utilities company or Sublandlord is an internal meter is used. In the event that any utility or service provided to the Subleased Premises is not separately metered with Sublandlord's consent, Sublandlord shall pay the amount due and separately invoice Subtenant for by Tenant, with Subtenant's pro rata share of the NO Exceptioncharges. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant Subtenant shall pay such amounts within 2 fifteen (15) days of the commencement invoice and receipt 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 evidence from Landlord’s option, pay utilities and be reimbursed by Tenant as additional rentpayment. 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord Subtenant 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 penalties, charges or fees charged to Landlord due to Sublandlord’s late payment. Subtenant acknowledges that the Subleased Premises are designed to provide standard office use electrical facilities and standard office lighting. Subtenant shall not use any equipment or devices that utilize excessive electrical energy or which may, in Sublandlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. Notwithstanding the foregoing, Sublandlord hereby provides, all in its as-is condition, infrastructure, installations, utility lines, and systems (Electrical, Fire Protection, Fire Alarm, Potable Water, Sanitary) up to the point of connection within the Subleased Premises. Thereby, Subtenant, at its expense, shall be able to use existing conduits, utility lines and infrastructure in order to facilitate connections towards the Subleased Premises and is hereby authorized to install any and all necessary equipment, meters or antenas within the Building or on the roof of the Subleased Premises to make the necessary connections and utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused services. These infrastructure installations will be made by the making of any necessary repairs or improvements or vendors contracted by any cause beyond Landlords reasonable controlSubtenant for the corresponding services. Furthermore, Subtenant may request from Sublandlord, and Sublandlord agrees to not unreasonably withhold consent, the same shall right to install its own stand-by electrical generator. Upon such installation Subtenant will 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 be charged for the Premises until such utility service has been restored, cost of maintaining and should such interruption continue for an additional thirty (30) business days, Tenant and Landlord shall each have operating the option to terminate this Agreement without further liability to one another. In electrical generator serving the event rest of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicethe Building.

Utilities. Tenant hereby acknowledges that all Landlord or other person authorized to enter into this Rental Agreement on Landlord’s behalf has fully explained to Tenant the utility rates, charges and services prior to Tenant’s execution of this Rental Agreement, other than those utilities and/or services are to for which Tenant directly pays the utility companies. Utilities shall be furnished and paid for by Tenantthe party indicated on the following chart: Electricity Landlord / Tenant Gas Landlord / Tenant Garbage Landlord / Tenant Water Landlord / Tenant Cable T.V. Landlord / Tenant Snow Removal Landlord / Tenant Telephone Landlord / Tenant Internet Landlord / Tenant Lawn Care Landlord / Tenant Landlord (if indicated above) will provide internet access, with the NO Exceptiononly. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days is responsible for providing any equipment necessary to access and make use 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 Leaseinternet access. Landlord may, at Landlord’s option, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof makes no warranty regarding the compatibility 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 xxxxequipment with Xxxxxxxx’s internet. Moreover, as and when due, Tenant acknowledges Tenant’s computer equipment shall constitute an Event of Defaultbe Tenant’s sole responsibility. Tenant shall be responsible for any other utilities not at specifically set forth, above. Tenant is responsible for snow and ice removal from the Dwelling Unit’s steps and balcony. Tenant shall complete this snow removal and any other such snow removal as indicated above within a reasonable time overburden or exceed the capacity after such accumulation ceases in accordance with all state and local laws and ordinances. SAMPLE Landlord will provide telephone access, only. Tenant is responsible for contracting with a telephone carrier and providing any equipment necessary to access and make use of the mainstelephone line. Landlord makes no warranty regarding the compatibility of Tenant’s equipment with Xxxxxxxx’s telephone access. Tenant (or, feedersat Xxxxxxxx’s discretion, ductsGuarantor) is also responsible for all maintenance, conduitsrepair, and/or cost of phones and interior phone lines and any miscellaneous phone equipment. Landlord will provide Tenant with a garbage disposal. Landlord shall perform all repairs or maintenance required to the garbage disposal. Tenant shall reimburse Landlord for the expense of any repairs or maintenance to the garbage disposal necessitated due to Tenant’s (or Tenant’s agents, invitees, guests, or other facilities by which such utilities are supplied to, distributed in licenses) misuse or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord use that exceeds normal wear and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacitytear. Landlord 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) responsible for any interruption in the failure of any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause conditions beyond Landlords reasonable its control, and or damage to Tenant's personal property as a result thereof. Landlord shall, however, upon receipt of notice from Tenant, cause such interruption, failure or defect to be repaired. If the same shall not constitute a termination of this Lease interruption, failure, or an eviction of Tenant. Should any interruption defect is caused by Tenant 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 businessguests or invitees’ actions that exceeds normal wear and tear, 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 anotherrepair will be completed at Tenant’s expense. In the event rates increase for utilities paid by the Landlord during the term of any such interruption this Agreement, then upon 30 days written notice by the Landlord, the Tenant shall pay as an increase to rental payments, his/her pro rata share of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicethe increased cost of said utilities or taxes.

Utilities. Tenant acknowledges that agrees to connect to and use the utilities (including electricity, water, gas (which, if Landlord elects to make the same available at the Shopping Center, shall be for cooking purposes only), heat, condenser water, telephone and any other utility) supplied to the Leased Premises in accordance with Landlord's mechanical and electrical design criteria, Landlord's reasonable rules and regulations, and the rules and regulations of the utility companies supplying the service. Tenant shall be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, heat, electricity, sewer and other utilities and/or services are to be paid for by Tenantprovided or used in or at the Leased Premises, commencing with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into delivery of possession date and continuing throughout the name Term 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. In the event Landlord may, at Landlord’s option, pay designates a supplier (or if Landlord itself elects to act as the supplier) for any of the utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities used upon 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 furnished 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. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay use only the supplier designated by Landlord, on demand, provided the cost for providing to Tenant thereof is no greater than the cost Tenant would incur if Tenant contracted directly with an alternative supplier (including any costs of connecting such additional utility facilities or utility facilities of greater capacityalternative supplier to the Leased Premises). Landlord shall not be liable to Tenant in damages for any loss, damage or otherwise (i) expense which Tenant may sustain if any utility shall become unavailable from any public utility company, public authority the utilities or any other person the quality or entity (including Landlord) supplying character of utilities used upon or distributing such utilityfurnished to the Leased Premises are no longer available or suitable for Tenant's requirements, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by if the making supply of any necessary repairs such utility ceases or improvements or by is interrupted as a result of any cause beyond Landlords reasonable controlcause, and the same no such change, interruption or cessation of service shall not constitute a termination of this Lease or an eviction of Tenant. Should any interruption Any furnishing by Landlord of light, condenser water, heat, air conditioning or discontinuance power shall be conditioned upon the availability of utility servicesadequate energy sources. Landlord shall have the right to reduce heat, result from condenser water, lighting and air conditioning within the Landlord’s actionShopping Center, negligent or otherwise, including (without limitation) the Leased Premises and the same shall continueCommon Areas, unabatedas required by any mandatory or voluntary fuel or energy saving allocation, for a term of Thirty (30) business days and such interruption materially interferes with Tenant’s ability to conduct businessor any similar statute, then Landlord shall xxxxx the rent for the Premises until such utility service has been restoredregulation, 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceorder or program.

Utilities. Tenant acknowledges that all utilities and/or services are Landlord agrees to be paid for by Tenantprovide, 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 at no cost to Tenant, disconnect any utilities serving water and wastewater connections to the Premises which are in and electricity service connections into the name Building. Tenant shall have the right to connect the Premises to such Building connections as a part of Landlord the tenant finish construction. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and are not being provided by Landlord under this Lease. Landlord may, at Landlord’s option, pay other utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities services used on or service termination (cutoff) slips. Tenants are responsible for turning utilities off in their name after they vacate at the property. If Tenant does not turn it off Premises, together with any taxes, penalties, surcharges or the owner and Landlord are not responsible for the charges like pertaining to the Tenant's use of the Premises (unless such penalties are due to Landlord's acts or omissions) and any maintenance charges for utilities. Landlord shall have the right to cause any of said services to be separately metered to Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event of Defaultat Tenant's expense. Tenant shall not at any time overburden or exceed the capacity of the mainspay its pro rata share, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided as reasonably determined by Landlord, of all charges for jointly metered utilities. In the event water is not separately metered to Tenant, Tenant agrees that it will not use water and sewer capacity for uses other than normal domestic restroom and kitchen usage, and Tenant further agrees to reimburse Landlord for the cost of such installation shall be subject additional water and sewer use as determined by Landlord in its reasonable discretion, as additional rental if, in fact, Tenant uses water or sewer capacity for uses other than normal domestic restroom and kitchen uses without first obtaining Landlord's written permission, including but not limited to Landlord’s prior written approvalthe cost for acquiring additional sewer capacity to service Tenant's excess sewer use. Furthermore, Tenant agrees in such event to install at its own expense a submeter to determine Tenant's usage. If Landlord determines that any other tenant or tenants in the Building use water and sewer capacity in excess of normal domestic restroom and kitchen uses, Landlord will require such tenant to separately meter or submeter such tenant or tenants' premises in the Building. Any material cessation of services for water, electric and wastewater that causes Tenant to cease normal operations in the Premises and is caused by Landlord or which may be withheld at Landlord’s sole discretion. If such installation is approved covered under any insurance carried by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities extending beyond fourteen (14) consecutive days or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 daysdays in the aggregate shall allow Tenant to xxxxx rental payments for so long thereafter as services are not furnished and for each day thereafter services cease, Tenant and Landlord shall each have following the option to terminate this Agreement without further liability to one another. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceoriginal period.

Utilities. The Tenant acknowledges that shall be solely responsible for and shall promptly pay all charges for public utilities and/or private services are rendered or furnished to the Premises during the Term hereof, including, but not limited to, heat, gas and electricity, together with all taxes or other charges based upon the use of such utilities. Subject to the provisions of this Section 9.1, Tenant shall 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 solely responsible for the charges performance of any and all repairs to all utility lines, pipes and other facilities within the TenantPremises, unless such repair was necessitated by the gross negligence or willful misconduct of Landlord or anyone acting by, through or under Landlord. By way of example, Tenant’s failure to pay any repair obligations under this Section 9.1 include (i) all electric utilities from and including the interior electric panel into and within the Premises, (ii) all sanitary water utility xxxxpipes and fixtures within the Premises, 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 (iii) all sewer lines within the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation Landlord shall be subject solely responsible for the performance of any and all repairs to Landlord’s prior written approvalall utility lines, pipes and other facilities which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate are not the Tenant’s installationobligations including, Tenant agrees to pay Landlord, on demandbut not limited to, the cost for providing following: (i) all electric service from outside the Building into the interior electric panel, (ii) all water utility from outside the Building into the Premises, and (iii) and all sewer utilities outside the Premises unless such additional utility facilities repair was necessitated by the gross negligence or utility facilities willful misconduct of greater capacityTenant or anyone acting by, through or under Tenant. Landlord 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 of utility services to the Premises caused by events beyond Landlord’s reasonable control; provided, however, that Landlord shall be obligated to use reasonable commercial efforts to obtain the resumption of such utility services as quickly as is reasonably possible if such interruption of service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) was caused by the making gross negligence or willful misconduct of any necessary repairs Landlord or improvements anyone acting by, through or by any cause beyond Landlords reasonable control, under Landlord. Tenant shall and hereby agrees to make all appropriate applications and arrangements for utility services required to serve the same shall not constitute a termination of this Lease or an eviction of Tenant. Should any interruption or discontinuance of Premises directly with those utility companies and authorities providing such utility services. Tenant shall pay all fees, result charges and deposits required by such utility companies and authorities as a condition to their providing such utility services to the Premises, excluding any impact, “tap-in”, or “hook-up” fees which shall be the sole responsibility of Landlord. If additional or special utility services or wiring are required for the conduct of Permitted Use within and 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 daysPremises, Tenant shall be responsible for their installation at its sole cost and Landlord shall each have the option to terminate this Agreement without further liability to one another. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceexpense.

Utilities. Tenant acknowledges that Owner agrees, at Owner's expense, to furnish the following utilities to the Leased Premises: electricity (subject to Resident payment for same in excess of allotment of $30.00 per person per month), water, wastewater, pest control, trash removal, and Internet package . Residents agree to pay all utilities and/or services are to be paid for charges (including utility deposits) not supplied by TenantOwner, with assessed by the NO Exception. Tenant must connectutility provider (or Owner, or transfer Owner's designated Billing Party) in connection with Residents' use of utilities not provided during the term of this Agreement, or the period of occupancy by Landlord into Residents, whichever is longer. Residents agree to pay the name of Tenant within 2 days utility bills for which they are responsible and ensure that utilities remain connected for the duration of the commencement of LeaseTerm or any renewal period. At Residents shall properly use all electrical, gas and plumbing fixtures and appliances only for their intended purposes. Residents shall not install or operate any time thereafteradditional equipment or appliance, Landlord mayincluding, without notice to Tenantbut not limited to, disconnect any utilities serving Premises which are portable generators, additional refrigerators and freezers, a dishwasher, washing machine, clothes dryer or an air conditioning unit in the name of Landlord and are not being provided Leased Premises unless supplied 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 Owner 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s with Owner's prior written approval, . Owner may modify the method by which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities the utilities are furnished to accommodate Tenant’s installation, Tenant agrees the Leased Premises or billed to pay Landlord, on demand, Residents during the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination term 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 anotherAgreement. In the event of any such interruption or failure of any such utility services as contemplated by this paragraphthat Owner is required to furnish, Landlord Owner shall use reasonable diligence in its efforts to restore such serviceservices. Owner shall not be liable for any damages directly or proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises. Owner reserves the right, at any time a past due balance is owing on the utilities, to apply any and all funds received from Residents, including funds paid as rent, first to the past due balance and then any remaining funds will be applied to Rent. Residents agree to this allocation of funds despite any limiting or restrictive endorsement contained on the payment. Further, if Residents fail to pay any utility charges that are to be paid by Residents, Owner may, at its option, pay such charges in full to retain continuing utility services and bill Residents such charges as additional rent together with the regular monthly rental payment on the Due Date of the month next following the date of such billing. When Residents move from the Leased Premises, the utility charges will be charged to and deducted from the security deposit. It is understood and agreed between Owner and Residents that in the event sub-metered or allocation payments are not made when due, it shall be considered a default under this Agreement.

Utilities. Section 6.01. Tenant acknowledges shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities and/or to be separately metered and billed to Tenant. If any such services are not separately metered to be and paid by Tenant, or if any such services are furnished and paid for by TenantLandlord, with the NO Exception. Tenant must connect, or transfer utilities not provided shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord into of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant’s changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the name total cost of Tenant within 2 days such installation. Landlord reserves the right to interrupt the supply of water, gas, electric and also sewer service and any other similar utilities for the commencement Demised Premises when required by reason of Leaseaccident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. At any time thereafter, Landlord mayagrees to use its best efforts to limit such interruptions to non-business hours. Section 6.02. Landlord can discontinue, without notice to Tenant, disconnect any utilities serving Premises which are in of 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 services furnished to the Tenant. Tenant’s failure Demised Premises for which Tenant fails 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 no such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation discontinuance shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretiondeemed an actual or constructive eviction. Section 6.03. If such installation is approved by Under no circumstances shall Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant in damages on account of the failure, discontinuance, interruption or otherwise (i) if quality of the utilities or services furnished to the Demised Premises, regardless of whether such utilities or services are furnished by Landlord or by third parties, nor shall any utility shall become unavailable from of the foregoing excuse any public utility companypayment or performance by Tenant, 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 sprinkler) unless caused by the making gross negligence of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlLandlord, and provided, however, if said utilities are discontinued, at no fault of 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 consecutive period of Thirty (30) business 180 days and such interruption materially interferes with Tenant’s ability to conduct businessor more, then Landlord the Tenant 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 right to terminate this Agreement without further liability to one another. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLease.

Utilities. (a) Tenant acknowledges that shall pay all charges for all public or private utility services provided to the demised premises directly to the entity delivering and/or supplying same, and shall comply with all contracts relating to such services, and shall do all other things required for the maintenance and continuance of all such services. (b) Tenant, at its sole cost and expense, shall make all arrangements with the public utility companies serving the demised premises for obtaining and paying for directly all utilities and/or services are to be paid for by Tenantat the demised premises, 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, including 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 limitation arrangements pertaining to the Tenant. Tenant’s failure to pay any utility xxxxinstallation and use of meters, as pans, risers, wiring, panel boards, feeders 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord conductors and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacityequipment. Landlord shall not be liable to or responsible for charges for electricity at the demised premises, or any loss, damage or expense which Tenant in damages may sustain or otherwise (i) incur if any utility either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. At all times during the term of this lease, Tenant shall become unavailable from any comply with all rules and regulations of governmental authorities and the public utility companyapplicable to service, public authority equipment, wiring and changes in requirements. (c) Tenant covenants and agrees that its use of electric current shall never exceed the capacity of the then existing conductors, feeders, risers, wiring installations or other equipment servicing the building. Tenant shall not alter or make any addition to the electrical equipment without the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to the installation of new risers and equipment if, in Landlord's opinion, they are necessary and do not cause permanent damage or injury to the demised premises or building or create a dangerous or hazardous condition or entail excessive or unreasonable alterations. If Landlord grants such consent, all additional risers and other equipment shall be provided by Landlord, and the reasonable costs and expenses thereof shall be paid by Tenant to Landlord on demand, as additional rent, without setoff or deduction. (d) Tenant, at Tenant's expense, may install air conditioning, provided that such installation is in compliance with all rules and regulations of governmental authorities. (e) Landlord reserves the right to interrupt, suspend or cease any of the utility services or systems referred to herein at any time in the event of an emergency, and at other times and from time to time, upon at least 48-hours verbal notice when necessary by reason of accident, or repairs, alteration or improvements which in Landlord's opinion are necessary or desirable, or difficulty or inability in securing supplies or labor, or strikes, or any other person cause beyond the reasonable control of Landlord whether similar or entity (including Landlord) supplying dissimilar to those hereinabove mentioned. Tenant shall not be entitled to any diminution or distributing such utilityabatement of rent or other compensation, and Tenant's obligations under this lease shall not be affected or (ii) for any interruption in any utility service (includingreduced, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making reason of any necessary repairs interruption, suspension or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination cessation 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. Tenant acknowledges that all utilities and/or services are to a. The cost of electricity, gas, and water shall 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 included as a part of the commencement of LeaseBasic Rent. At any time thereafterAny other costs, Landlord maysuch as telephone and cable, without notice but not limited 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 duethese, shall constitute an Event of Defaultbe at TENANT’s initiation and expense. 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord LANDLORD shall not be liable to Tenant TENANT for damages arising out of any cessation or interruption of gas, water, electricity, telephone, or other utility service during the lease term or any extension thereon. LANDLORD shall take reasonable steps to promptly restore such services. b. LANDLORD is the only entity allowed to install or remove any cabling. Cabling includes, but is not limited to, any type of telecommunications or network cable such as XXX0, XXX0, XXX0; fiber optics cable; and/or coaxial cable. Cabling for basic phone service shall be provided as part of the rental rate. However, should additional network cable, coaxial for security or fiber optic cable, be required for TENANT’s operation, TENANT shall be required to make arrangements with LANDLORD, and such installation shall be at TENANT’s expense. It shall be TENANT’s responsibility to contract for services using such cables from TENANT’s preferred service provider. c. The TENANT agrees to indemnify and hold LANDLORD harmless, in damages LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its suppliers, and LANDLORD further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. d. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises, and to comply with all provisions for maintaining such utilities. e. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption to TENANT’S operations. f. TENANT shall design and install all utilities used by TENANT subject to the express approval of the LANDLORD prior to installation. All utilities, including but not limited to, electrical, gas, data and communications utilities installed or caused to be installed shall be underground, and no utility services or other cables or wires shall be installed on poles or otherwise (i) if any utility above ground. Unless otherwise provided in this Agreement, all conduits or ducts installed shall be considered fixtures as defined under Section 22 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and shall become unavailable from the owned property of LANDLORD. g. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. TENANT shall take all reasonable precautions to prevent the discharge of material into any public utility company, public authority or any other person or entity (including Landlord) supplying or distributing such utilitydrainage system that would create interference with the flow therein, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning that would cause a hazard or sprinkler) caused by unlawful contamination thereto. A copy of TENANT’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and LANDLORD upon 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLANDLORD’S request.

Utilities. 11.1. Tenant acknowledges that shall pay when due all charges for all utilities and/or and services are for every kind supplied to or imposed against the Demised Premises, including without limitation water, air conditioning, sewage, heat, gas, sprinkler charges, light, garbage, electricity, telephone, steam, power, or other public or private utilities (collectively, "Utilities"). Landlord agrees that the electricity service shall be paid for by Tenant, with the NO Exceptionno less than 480 volts and 1200 amps. Tenant must connectshall also pay for all Utilities used by it or its agents, employees or contractors prior to the Commencement Date. Landlord at its expense shall either install separate meters for Tenant's utilities or submeters. The choice of which method to use shall be determined in Landlord's discretion. If in Landlord's reasonable discretion, it is not feasible to separately meter the Demised Premises, Tenant shall pay to Landlord as Additional Rent, Tenant's pro rata share, as reasonably determined by Landlord (which determination shall include a reasonable allocation of the actual use by each tenant of such Utilities and a reasonable allocation of any excess use premiums) of all charges for jointly metered or billed Utilities. Landlord agrees that at the time it requests payment from Tenant for such submetered utilities, Landlord shall provide Tenant reasonable back-up documentation in support of the request for payment. Landlord does not represent or warrant the uninterrupted availability of such utilities and any such interruption shall not be deemed an eviction or disturbance of Tenant's right to possession, or transfer utilities not provided render Landlord liable to Tenant for damages by Landlord into abatement of rent or otherwise, or relieve Tenant from the name of Tenant within 2 days of the commencement of Lease. At any time thereafter, Landlord may, without notice obligation to Tenant, disconnect any utilities serving Premises which are in the name of Landlord fully and are not being provided by Landlord timely perform its obligations and covenants 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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. 11.2. In the event any public utility company supplying energy, water, sewer or other utility, or governmental law, regulation, executive or administrative order requires that Landlord or Tenant reduce or maintain at a certain level the consumption of any a utility and such interruption requirement affects the HVAC, light, use of any such services as contemplated by this paragraphor hours of operation of the Demised Premises or Building, Landlord and Tenant shall use reasonable diligence each adhere to restore such serviceand abide by said laws, regulations or executive orders without any reduction in Rent.

Utilities. (a) Tenant acknowledges that shall pay eight point seventy-seven percent (8.77%) (“Pro Rata Share of Property Utilities”) of all utilities and/or services are charges for water, sewage, heating oil (subject 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 conversion 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 system measuring usage thereof for the charges to the Tenant. Tenant’s failure to pay any utility xxxxBuilding, as described below), and when due, shall constitute an Event other services or utilities (exclusive 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, electricity charges) which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord furnished to or used in or about the Property during the Term of this Lease, and Tenant shall pay sixty-three percent (63%) (“Pro Rata Share of Building Utilities”) of the following which may be furnished to or used in or about the office portion of the Building during the Term of this Lease: (i) all electricity charges and (ii) and all heating oil, if Landlord provides such additional facilities installs one or more sub-meters for the Building. All utility charges which Tenant is responsible for which are billed to accommodate Tenant’s installationLandlord shall be payable by Tenant to Landlord as Additional Rent, Tenant agrees to pay Landlord, on upon demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. and shall be collectible as such. (b) Landlord shall not be liable to Tenant Tenant, in damages or otherwise (i) if any utility shall become unavailable from any public utility companyotherwise, public authority or any other person or entity (including Landlord) supplying or distributing such utility, or (ii) for any interruption in any utility the service (includingof water, without limitationelectricity, any gas, heating, ventilation, air air-conditioning or sprinkler) other utilities or services caused by an unavoidable delay, by the making of any necessary repairs or improvements or by any cause beyond Landlords Landlord's reasonable controlcontrol unless Landlord fails to work diligently in the restoration of the utilities or Landlord is solely responsible for the loss of utilities. Tenant shall be entitled to a pro rata rent reduction for any such interruption which is caused by Landlord’s failure to work diligently in the restoration of the utilities or for which Landlord is solely responsible. Significant impairment of Tenant’s right to quiet use and enjoyment caused by Landlord’s negligence, and failure to work diligently in the same restoration of the utilities or if Landlord is solely responsible for the loss of utilities shall not constitute a termination of this Lease or be deemed an eviction of Tenant. Should If Landlord fails to act diligently in the restoration of any utility or Landlord or any of its agents, employees, affiliates, assigns or contractors are the cause of the 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 businessutility, then Landlord Tenant 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 be entitled to one another. In day of rental abatement for each day, or portion thereof, that the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicePremise is without a utility.

Utilities. Tenant acknowledges that all agrees to connect to and use the utilities and/or services are (including electricity, water, gas, heat, condenser water, telephone and any other utility) supplied to be paid for by Tenant, the Leased Premises in accordance with the NO Exception. Tenant must connectcriteria set forth in the Exhibits attached to this Lease, or transfer utilities not provided by Landlord into Landlord's schedule of mechanical and electrical design criteria, Landlord's rules and regulations, and the name of Tenant within 2 days rules and regulations of the commencement of Lease. At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving Premises which are in utility companies supplying 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 Defaultservice. Tenant shall not be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, heat, electricity, sewer and other utilities provided or used in or at the Leased Premises, commencing with the Delivery of Possession Date and continuing throughout the Term. If Landlord shall elect to supply any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, utilities used upon or other facilities by which such utilities are supplied to, distributed in or serve furnished to the Leased Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Tenant's share of Landlord's hard and soft costs associated with the installation, operation, maintenance and repair of such utility systems, based on demandTenant's estimated usage and its pro rata share of such hard and soft costs as reflected on a monthly invoice to be provided by Landlord; provided, however, in no event shall Tenant's total charges for utilities provided by Landlord exceed what Tenant would be charged by the cost for providing local utility company it if were billed directly by such additional utility facilities or utility facilities of greater capacityas a direct retail customer. Landlord shall not be liable to Tenant in damages for any loss, damage or otherwise (i) expense which Tenant may sustain 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 utilitythe utilities, or (ii) the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant's requirements, or if the supply of any such utility ceases or is interrupted as a result of any cause and no such change, interruption in any utility or cessation of service (shall constitute an eviction of Tenant. Any furnishing by Landlord of light, condenser water, heat, air conditioning or power shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, condenser water, lighting and air conditioning within the Shopping Center, including, without limitation, any heatingthe Leased Premises and the common areas, ventilation, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or as required by any cause beyond Landlords reasonable controlmandatory or voluntary fuel or energy saving allocation, and the same shall not constitute a termination of this Lease or an eviction of Tenantany similar statute, regulation, order or program. 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.SEE ATTACHED RIDER FOR INSERTS

Utilities. Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with the NO Exception. Tenant must connect, or transfer utilities Each utility service 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 expense shall be reimbursed by Tenant as additional rent. Tenant must provide proof of payment of final bills for all utilities provided to the Apartment at Tenant’s expense on a separate metering and/or billing basis either directly from the utility provider or service termination (cutoff) slips. Tenants are responsible for turning utilities off in their name after they vacate the propertyon a sub-metering basis or percent allocation basis. If Tenant does not turn it off the owner and Landlord any utilities are not responsible sub-metered for the charges Apartment, or prorated by an allocation formula, Landlord shall attach a Utility Rider to this Lease Agreement showing such formula. Landlord may not modify the method by which utilities are furnished to the TenantApartment and/or billed to Tenant during the Lease Term, including, but not limited to sub-metering of the Apartment or Property for certain utility services or billing Tenant for utilities previously included within the Total Monthly Rent, unless by written agreement with Tenant or on thirty (30) days’ written notice prior to the Termination Date. If Tenant’s failure to pay any utility xxxxcharges causes a threatened or actual discontinuance of any utility services, as Landlord may have Tenant’s utility accounts transferred to Landlord and when due, Landlord will pay the utility charges to avoid a utility shutoff. Tenant’s non- payment of utility charges resulting in discontinuance of or threatened discontinuance of the supply of any utility shall constitute an Event material non-compliance with and a breach of Defaultthis Lease Agreement. Tenant shall reimburse Landlord for any amounts paid by Landlord to utility providers as additional rent includable in Total Monthly Rent, plus a administrative fee, within ten (10) days of receiving notification from Landlord that Xxxxxxxx has paid Xxxxxx’s utility bills. Tenant agrees that Tenant shall not at cause or permit any time overburden waste, misuse or exceed neglect of any utilities. Landlord shall in no event be liable to the capacity of the mains, feeders, ducts, conduits, Tenant for any failure to provide any utilities and/or services or other facilities by which such utilities are supplied to, distributed in for injury or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approvaldamage, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the 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 arise from the Landlord’s action, negligent temporary 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 permanent interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceone or more utilities and/or services.

Utilities. Tenant acknowledges that all utilities and/or services are Employees, to be paid for by Tenant, with “show” the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into apartment to prospective tenants during the name of Tenant within 2 days term of the commencement of Lease. At Any premises that has utilities included in its rent is only for reasonable use and 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 mayutility usage that is excessive or misused will, at Landlord’s optionsole and exclusive discretion, pay utilities and be reimbursed by Tenant as additional rentthe responsibility of Tenant. Tenant must provide proof of payment of final bills for expressly acknowledges and understands all utilities or service termination (cutoff) slipsmay be used only for normal household purposes and Tenant must not commit waste. Tenants are responsible for turning utilities off in their name after they vacate the property. If Tenant does not turn it off the owner acknowledges, understands, and Landlord are not responsible for the charges to the Tenant. agrees that Tenant’s failure to pay any utility xxxx, as “reasonable use” shall be solely and when due, shall constitute an Event of Default. Tenant shall not at any time overburden or exceed exclusively determined by the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at in Landlord’s sole discretion, based upon the average usage by similar units (including similar square footage and location) and historical utility costs for the premises. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate determines, detects, or suspects Tenant’s installationabuse, Tenant agrees to pay waste, or unreasonable use of any utilities directly paid by Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be liable to Tenant if there is an increase 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 sprinkler) caused by the 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 interruption of any such services as contemplated by this paragraphutilities rate, Landlord shall have the right, at its sole discretion and choosing, to either (1) notify Tenant of an increase in Tenant’s monthly rent to compensate for unreasonable utilities use or increased utilities rate and after the date of such notice, Tenant is required to pay such higher rent, as has been determined by Landlord or, if feasible to secure separate meters, (2) demand Tenant secure utilities in Tenant’s own name and pay such utility companies directly for such usage. Notwithstanding anything stated to the contrary herein, before taking either action stated in the immediately preceding sentence, Landlord shall issue a warning to Tenant and notify Tenant in writing of suspected abuse of utilities and demand Tenant takes corrective action to maintain a reasonable diligence to restore such serviceuse level of utilities.

Utilities. Landlord is responsible for providing utility services to the premises in accordance with existing permissions and contracts. Landlord is responsible for monitoring and allocating utility charges in accordance with historic costs paid. Landlord may isolate utility services to the premises and install separate meters if deemed appropriate. Tenant will not be responsible for any cost incurred in installing separate utility meters. Tenant shall pay all charges for all gas, electricity, light, heat, steam, power, water and sewage, telephone or other communication services used, and other services rendered or supplied, upon or in connection with the Premises during the term, and shall indemnify and hold harmless Landlord against and from any liability therefore. In the event that any of the foregoing utilities are provided to users of the Building in common, Tenant’s shall be obligated only for Tenant’s share of the cost of the same. Tenant’s share of any such costs shall be determined by multiplying a fraction, the numerator of which shall be the rentable area of the Premises, and the denominator of which shall be the total rentable area of the Building. Tenant’s Share may be adjusted by Landlord from time to time to reflect adjustments to the then-current rentable area of the Building or the Premises. Tenant acknowledges that all utilities the Premises and/or the Building may become subject to the rationing of Utility services are to be paid for or restrictions on Utility use as required by Tenanta public utility company, with the NO Exceptiongovernmental agency or other similar entity having jurisdiction thereof. 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 acknowledges and are not being provided by Landlord under this Lease. Landlord may, at Landlord’s option, pay utilities agrees that its tenancy 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation occupancy hereunder shall be subject to Landlord’s prior written approval, which such rationing or restrictions as may be withheld at imposed upon Landlord’s sole discretion, Tenant, the Premises, and/or the Building, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or applicable laws. Landlord may elect to estimate the charges to be paid by Tenant under this Section 15.1 and xxxx such charges to Tenant monthly in advance, in which event Tenant shall promptly pay the estimated charges. When the actual charges are determined by Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. an appropriate cash adjustment shall be made between Landlord shall not be liable and Tenant 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) account for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning underpayment or sprinkler) caused overpayment by the 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.

Utilities. A. The use of electricity and gas required by Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with at the NO ExceptionDemised Premises ("Utilities") is not included in the rent. Tenant must connectshall obtain Utilities directly from the public utility company serving the building through meters, if any, installed for such purpose. Tenant covenants and agrees to pay all bills for Utilities consumed in the Demised Premises directly to the public utility company supplying the same. Tenant shall, at is sole cost and expense, install, maintain and/or repair such equipment or transfer utilities systems, including feeders, risers and/or wiring installations, as Tenant may require in order to obtain Utilities and such meters as may be necessary to measure Tenant's consumption of Utilities at the Demised Premises. In addition, Tenant shall pay all charges including, but not provided limited to, deposits, imposed by the public utility company serving the building in connection with obtaining Utilities. Landlord shall cause to provide such necessary access to such equipment and systems, including feeders, risers and/or wiring installations as are contained in the common areas of the Building and reasonable access to tenanted spaces, subject to the provisions of such tenants' applicable leases (and any costs incurred 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 arising from such access shall 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 Tenant to provide Utilities to the Tenant. Tenant’s failure to pay any utility xxxxDemised Premises. B. Unless caused by the willful or negligent acts of Landlord, as and when due, shall constitute an Event of Default. Tenant shall not at be released or excused from the performance of any time overburden of its obligations under this Lease for any change in the quantity or exceed quality of service, failure or interruption or curtailment or cessation of Utilities service for any reason whatsoever, and no such change, failure, interruption or curtailment or cessation shall constitute a constructive or partial eviction or entitle Tenant to an abatement of, offset against, or deduction from rent or additional rent or impose any liability upon Landlord. C. If Tenant shall make any connections to any Utilities line servicing the capacity Building common areas only without the permission or prior written consent of the mainsLandlord and without paying for the electric charges for same, then the Landlord may without notice disconnect or discontinue this use. In such an event, if Tenant cannot prove the amount of actual electric used and the amount due Landlord for same, then the Tenant shall be liable to pay to the Landlord as additional rent an amount equal to the entire utility xxxx for the building in which the Demised Premises form a part rendered by the utility company servicing the building for four (4) months prior to the date Landlord obtains knowledge of said unauthorized use of the applicable utility line upon five (5) days written demand. D. If Tenant shall require or request to use or make any connection to any lines, feeders, ductscables, conduitsend boxes, distribution boxes or other electrical, plumbing or heating equipment servicing the building, then Landlord makes no warranty as to fitness for use (except as otherwise provided in this Lease) or other warranties concerning the physical condition of the lines, feeders, cables, end boxes, distribution boxes, or other facilities electrical, plumbing or heating equipment servicing the building. If any repairs are required to be made to said electrical, plumbing or heating equipment in order that electrical current, plumbing or heating be supplied to the Demised Premises, except that which are the responsibility of the Landlord to maintain, then said repair shall be done at Tenant's sole cost and expense. Any additional risers, feeders, or other equipment proper or necessary to supply Tenant's electrical requirements, will be installed by which Tenant, at the sole cost and expense of Tenant, provided such utilities are supplied toinstallation will not cause or create a dangerous or hazardous condition nor reduce or interfere with any other tenant's use and enjoyment of their spaces or access to their spaces in breach of the provisions of such tenant's applicable leases. If any work, distributed replacement or repair is required to be performed by Landlord, then said work shall be performed by Landlord in as reasonably expeditious a manner as is practicable and Tenant shall not be entitled to any set-off allowance or serve claim for diminution of rental value and Landlord shall have no liability to Tenant for any inconvenience, annoyance, or injury to Tenant is said work is not performed timely. E. Landlord shall not be obligated to provide heat, hot water, air conditioning, or ventilation, to the Demised Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlordsaid services, such installation it shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s its sole discretioncosts and expense. If such installation is approved by Landlord Tenant shall install a heat ventilation and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinklersystem ("HVAC) caused by sufficient to adequately cool and to heat the 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 Demised Premises in accordance 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceapplicable law.

Utilities. Tenant acknowledges that Landlord agrees to furnish water, sewer, trash, natural gas, cable TV (expanded basic service), and internet access (optical ethernet), as provided in the Utility Addendum attached to this Lease as Exhibit D. Tenants agree to reimburse Landlord for a portion of the cost for water, sewer and trash via a monthly surcharge in the amount as determined in Section 1 of this Lease. Tenants must pay and provide required activation fees or other deposits for all other utilities and/or services (including electric, city services, and city fees), and shall pay for all local and long-distance phone service. Tenants must contact the utility providers to establish service to begin on or before the Starting Date prior to moving into the Apartment, and Tenants will be billed and pay those utilities directly to the appropriate utility company during the Lease Term. If any of those costs are paid by Landlord, Tenants must reimburse Landlord for those costs and any such costs are payable by Tenants to Landlord as additional Rent. If Tenants want additional cable channels or additional internet capacity, if available, they will be paid at Tenants’ expense and Tenants must make arrangements for same through the Landlord-approved provider. Tenants will not install satellite dishes or any other like equipment anywhere on the Apartment Community. All utilities may be used only for normal household purposes and must not be wasted. Failure or refusal to place electricity utilities into Tenants’ names or failure to maintain service in Tenants’ names constitutes a default under this Lease. Illegal downloading, uploading or other illegal internet activity by Tenant, with Tenants on any device connected to the NO Exception. Tenant must connect, or transfer utilities not internet through the connection 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 constitutes a default under this Lease. Landlord maywill not be liable for any interruption, at Landlord’s optionsurge, pay utilities and be reimbursed by Tenant as additional rent. Tenant must provide proof or failure of payment of final bills for all utilities or service termination utility services (cutoffincluding internet access) 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 TenantApartment or any damage directly or indirectly caused by the interruption, surge or failure. Tenant’s failure to pay any utility xxxxUtilities paid by Tenants must remain on, in Tenants’ names, through the Ending Date regardless of whether Tenants have moved out, except and unless Tenants have sublet the Apartment 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if or Landlord provides such additional facilities has relet the Apartment pursuant to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall not constitute a termination Section 3 of this Lease or an eviction of TenantLease. Should any interruption or discontinuance of utility servicesBy initialing below, result from you acknowledge and agree to 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 anotherterms in Section 1. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service.X Initial Here

Utilities. As Additional Rent and in accordance with Paragraph 4.E., Tenant shall pay to Landlord the amounts set forth in Paragraph 1.F as the estimated cost of water, gas, electricity, sewer service, and waste pick-up for the Premises, Tenant’s Share of the Common Areas within the Building and Tenant’s share of the parking areas surrounding the Building (collectively, the “Utility Costs”). Annually, Landlord shall reconcile the actual expenses for Utility Costs as compared to the estimated payments made throughout the preceding calendar year. There shall be an adjustment between Landlord and Tenant for any over or under payment of such Utility Costs for the preceding calendar year, with payment to Landlord or credit to Tenant against the next installment of Rent (or refund following the expiration of the Lease Term), as the case may require, within ten (10) days after Landlord’s delivery of such reconciliation to Tenant. Tenant is informed and acknowledges that electricity to the Building is not separately metered to each premises. In order to comply with the requirements of the City of Milpitas and for life safety purposes, Tenant acknowledges that all utilities and/or services are the Building is equipped with a master switch for electrical current to be paid for by Tenantthe entire Building. In emergency situations, 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 acknowledges and agrees that emergency personnel may, without notice for life safety purposes, cut off electricity 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 propertyentire Building. 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 the Building is not at least 85% occupied or exceed the capacity Landlord is not supplying utilities (as described in this subparagraph) to at least 85% of the mainsrentable areas of the Building during an entire calendar year, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject then Landlord may adjust actual Utility Costs to Landlord’s prior written approval, 's estimate of that amount which may be withheld at Landlord’s sole discretion. If such installation is approved would have been paid or incurred by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, as Utility Costs s had the cost for providing such additional utility facilities Building been 85% occupied or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlserviced, and the same Utility Costs as so adjusted shall not constitute a termination of this Lease or an eviction of Tenant. Should any interruption or discontinuance of utility services, result from be deemed to be the Landlord’s action, negligent or otherwise, and the same shall continue, unabated, actual Utility Costs 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicecalendar year.

Utilities. 9.1. Beginning on the Occupancy Date and continuing through the end of the Term of this Lease, Tenant acknowledges that shall pay all utilities and/or service charges and utility deposits and fees for water, electricity, gas, sewage, telephone, and any other utility services are furnished to be paid for by Tenant, with the NO ExceptionPremises and the improvements on the Premises (“Utilities”). Tenant must connectshall pay for all Utilities, or transfer utilities not provided by as Additional Rent, on a monthly basis within fifteen (15) days after receipt of a statement from Landlord into the name therefor. Landlord shall deliver evidence reasonably acceptable to Tenant of all Utility charges being charged to 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 DefaultParagraph 9. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, conduits or other facilities by which such utilities Utilities are supplied to, distributed in in, or serve the Premises. If Tenant desires to install any equipment which that shall require additional utility facilities Utilities or utility facilities of any Utilities in a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approvalapproval of Tenant’s plans and specifications therefor, which may such approval not to be withheld at Landlord’s sole discretionunreasonably withheld, conditioned or delayed. If such installation is approved by Landlord and if Landlord provides such additional facilities Utilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities Utilities or utility facilities Utilities of greater capacity. Landlord 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 reason for any loss or damage resulting from an interruption in of any utility service (includingof the Utility services, without limitation, any heating, ventilation, air conditioning or sprinkler) except to the extent caused by the making gross negligence or willful misconduct of any necessary repairs Landlord or improvements or its agents. 9.2. Landlord may elect to separately meter/submeter each of the Utilities to the Premises, in a manner reasonably determined by any cause beyond Landlords reasonable controlLandlord, 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 at 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 anotherexpense. In the event Landlord so elects, Landlord shall charge Tenant for such metered Utilities based upon Tenant’s actual metered consumption, demand and a reasonable share of system losses and expenses which shall fairly include and allocate the costs of providing and allocating the Utilities. These costs may include amortized capital costs for cost reduction projects where the net savings are passed along to the benefited parties. Landlord, in its sole discretion, shall have the right from time to time, to alter the method and source of supply to the Premises of any of the Utilities. 9.3. If any Utilities are not separately metered or billed to Tenant for the Premises but rather are billed to and paid by Landlord for the entire Property, Tenant shall pay to Landlord, as additional Rent, Tenant’s share of the cost of such Utilities. If any Utilities are not separately metered, Landlord shall have the right to determine Tenant’s consumption by submetering, survey or other methods designed to measure consumption with reasonable accuracy, and Tenant shall be entitled to contest the result of any such interruption determination with a survey or other method of any its own. If Landlord and Tenant cannot agree regarding the result of Tenant’s Utility consumption and billing, then such services as contemplated amounts shall be determined independently by this paragraphan engineer mutually acceptable to, Landlord shall use reasonable diligence to restore such serviceand paid for equally by, both parties.

Utilities. Tenant acknowledges that Subtenant shall pay for all utilities and/or services are utilities, including electricity, gas, water, and telephone service furnished to be paid for by Tenantthe Sublease Premises. Sublandlord shall monthly invoice Subtenant, 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, Subtenant's usage of electricity based upon the invoices received by Sublandlord from the Master Landlord for such electricity usage as measured by a submeter. Tenant must provide proof Sublandlord shall supply Subtenant with electricity to the Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of payment of final bills the Master Lease provided however, that Sublandlord shall have no liability for all utilities or service termination (cutoff) slips. Tenants are responsible for turning utilities off in their name after they vacate the propertyfailure to deliver electricity to Subtenant unless such failure is due to Sublandlord's intentional act. If Tenant does not turn it off Subtenant shall desire any change or increase in the owner and Landlord are not responsible for the charges to the Tenant. Tenant’s failure to pay nature or any such utility xxxxservices, 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 Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation Sublandlord's sole obligation shall be subject to Landlord’s prior written approvaluse reasonable efforts to cause the Master Landlord to provide such changes in such utility services requested by Subtenant, which may be withheld at Landlord’s sole discretion. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationSubtenant, Tenant agrees to pay Landlordshall, on demand, pay or reimburse Sublandlord for all reasonable costs, charges or expenses incurred by Sublandlord in causing Master Landlord to provide such services and in the cost for providing such additional utility facilities services. Sublandlord shall have no obligation to alter existing lines or utility facilities equipment providing distribution of greater capacityelectricity throughout the Sublease Premises. Landlord Subtenant shall not be liable solely responsible for any alterations to Tenant in damages the existing lines or equipment made necessary by Subtenant's alterations to the Sublease Premises or otherwise (i) if any utility shall become unavailable from any public utility companyrequired due to Subtenant's particular use of the Sublease Premises; provided however, 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 sprinkler) caused by the 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 that any such interruption alterations shall be subject to the prior approval of any such services as contemplated by this paragraph, Sublandlord and Master Landlord shall use reasonable diligence to restore such servicein accordance with Paragraph 9 below.

Utilities. 12.01. Tenant acknowledges that all utilities and/or services are shall make application for and arrange for and pay or cause to be paid all charges for by Tenantgas, water, electricity, light, heat, power, telephone, sewer and other utility services used, rendered or supplied upon or in connection 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 DefaultDemised Premises. Tenant shall not at indemnify and save Landlord harmless from and against any time overburden liability or exceed charges on account thereof. 12.02. Tenant may utilize the capacity of the mainsthen existing building system utility facilities, feeders, ductsrisers and wiring. All meters and additional panel boards, conduitsfeeders, or risers, wiring and other facilities conductors and equipment which may be required to obtain electrical energy and other utilities directly from the public utility shall be installed by which such utilities are supplied to, distributed in or serve the PremisesTenant at its own expense. If Tenant desires to install any equipment which shall exceed the capacity of any utility facilities or which shall require additional utility facilities or utility facilities of a greater capacity than facilities, Tenant must obtain the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld at Landlordapproval of Landlord of Tenant’s sole discretionplans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationLandlord, Tenant agrees to shall pay Landlord, on demand, the cost for of providing such additional utility facilities or utility facilities of greater capacity. Tenant shall in no event use any of the utility facilities in any way which shall overload or overburden the utility systems. 12.03. In case any utility charges are not paid by Tenant when due, Landlord may pay the utility charges which could become a lien on the property to the utility company or department furnishing the utility service, and any amounts so paid by Landlord shall not be liable paid by Tenant to Landlord immediately upon demand by Landlord. 12.04. Tenant in damages hereby releases Landlord from any liability for any loss or otherwise (i) if damage sustained by Tenant should the furnishing of any utility shall become unavailable from any public utility company, public authority or any other person services to the Demised Premises (whether or entity (including not furnished by Landlord) supplying be interrupted, reduced or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused altered by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlimprovements, and the same shall not constitute a termination nonpayment 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, charges 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 interruption of any such services or any other cause which would constitute an Unavoidable Delay as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicedefined in Article 29.

Utilities. Landlord agrees to provide normal water and electricity service to the Premises. Tenant acknowledges that shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other utilities and/or and services are used on or at the Premises, together with any taxes, penalties, surcharges or the like pertaining to the Tenant's use of the Premises and any maintenance charges for utilities. Landlord shall have the right to cause any of said services 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 separately metered 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's expense. Tenant shall not at any time overburden or exceed the capacity of the mainspay its pro rata share, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided as reasonably determined by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost of all charges for providing such additional utility facilities or utility facilities of greater capacityjointly metered utilities. Landlord 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 or failure of utility service (includingon the Premises, without limitation, and Tenant shall have no rights or claims as a result of any heating, ventilation, air conditioning such failure unless such interruption or sprinkler) failure of utility ---------------------------------------------- service is caused by the making of any necessary repairs Landlord's gross negligence 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 anotherwillful misconduct. In the ---------------------------------------------------------------------- event water is not separately metered to Tenant, Tenant agrees that it will not use water and sewer capacity for uses other than normal domestic restroom and kitchen usage, and Tenant further agrees to reimburse Landlord for the entire amount of any common water and sewer costs as additional rental if, in fact, Tenant uses water or sewer capacity for uses other than normal domestic kitchen uses without first obtaining Landlord's written permission, including but not limited to the cost for acquiring additional sewer capacity to service Tenant's excess sewer use. Furthermore, Tenant agrees in such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence event to restore such serviceinstall at its own expense a submeter to determine Tenant's usage.

Utilities. (a) Landlord shall have no obligation to provide Tenant acknowledges that all utilities and/or with any utilities, facilities, outlets or Building services are to be paid for by Tenantin the Equipment Areas, with other than electrical power and outlets existing in the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into the name of Tenant within 2 days Equipment Areas as of the commencement of Lease. At any time thereafterLicense Commencement Date; provided, however, that Landlord may, without notice agrees to Tenant, disconnect any utilities serving Premises which are provide Tenant with such electrical outlets in the name Equipment Areas as would be sufficient to operate a rooftop satellite of Landlord and are not being provided the type customarily installed 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 tenants on the rooftops 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 xxxxComparable Buildings, as and when due, shall constitute an Event of Defaultreasonably determined by Landlord. Tenant shall not at alter, reconfigure, re-label or in any time overburden manner manipulate any utility, cabling or exceed outlet in the capacity Building without the prior written approval of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord approval shall not be liable unreasonably withheld. (b) Tenant shall diligently seek the local utility’s consent to, and upon receipt of such consent Tenant shall, install, at its sole cost and expense, a separate motor or motors for Tenant’s electrical power usage, and Tenant shall make payment directly to Tenant in damages or otherwise (i) if any utility shall become unavailable from any the public utility companyfor all electrical power usage. For so long as Tenant makes payment directly to the public utility for all electrical power, public authority Tenant shall have no obligation to reimburse Landlord for electricity in accordance with Section 38.3(c). (c) If, despite diligent efforts, Tenant is unable to obtain the local utility’s consent to the installation of a separate motor or any motors for Tenant’s electrical usage as provided in Section 38.3(b) above, Landlord shall, at Tenant’s expense, install a submeter to measure the utilities consumed by the Facilities and Tenant shall pay to Landlord, as a license fee, the allocated charges, as reflected by the submeter, for all electrical power and other person or entity utilities used to operate the Facilities. (including Landlordd) supplying or distributing such utilityIn no event shall Tenant’s usage of electrical power in the License Areas, either in voltage, rated capacity, or overall load, exceed such levels as would be sufficient to operate a rooftop satellite of the type customarily installed by tenants on the rooftops of Comparable Buildings, as reasonably determined by Landlord. (iie) for any interruption in any utility service (includingNotwithstanding anything else herein to the contrary, without limitationLandlord’s failure to furnish, any heating, ventilation, air conditioning or sprinkler) caused by the 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 termination of, electrical service to the Equipment Areas shall not render Landlord liable to Tenant, give rise to an abatement of utility servicesRent, result nor relieve Tenant from the Landlord’s action, negligent obligation to fulfill any covenant or otherwise, and agreement. Notwithstanding 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 interruption of any such services as contemplated by this paragraphforegoing, Landlord shall use reasonable diligence efforts to restore remedy such servicefailure or interruption as rapidly as reasonably possible.

Utilities. (a) Tenant acknowledges that all shall install and use the utilities and/or services are (including water, gas, electricity, sewers and telephone supplied to be paid for by Tenant, or serving the Premises) in accordance with the NO Exception. Tenant must connect, or transfer utilities not provided by Landlord into criteria set forth in Exhibit "B," 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 rules and regulations of Landlord and are not being provided by Landlord under this Leasethe public utility company or the governmental agency supplying the same. Landlord may, at Landlord’s option, pay utilities and shall not be reimbursed by Tenant as additional rent. Tenant must provide proof liable in damages or otherwise for any interruption in the supply 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 any utility to the Tenant. Tenant’s failure to pay Premises nor shall any utility xxxx, as and when due, shall such interruption constitute any ground for an Event abatement of Defaultany of the rents reserved hereunder. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require requires additional utility facilities or utility facilities of a greater capacity than the facilities to be provided by Landlord, Landlord under Exhibit "B," such installation shall be at Tenant's expense and subject to Landlord’s 's prior written approval, which may be withheld at Landlord’s sole discretionapproval of Tenant's plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installationLandlord, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. . (b) Landlord shall not be liable responsible for providing any meters or other devices for the measurement of utilities supplied to the Premises. Tenant shall make application for and arrange for the installation of all such meters or other devices and Tenant shall be solely responsible for and promptly pay, when due and payable, all charges for water, sewer, electricity, gas, telephone and any other utility used or consumed in damages or otherwise the Premises. (i) if Should Landlord elect or be requited to supply any utility shall become unavailable from any public utility companyservices used or consumed in the Premises, public authority or any other person or entity (including Landlord) supplying or distributing such utility, or (ii) Tenant agrees to reimburse Landlord for any interruption in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, and the same shall at a cost not constitute to exceed that which the utility company would have charged Tenant for furnishing such utilities and based on a termination of this Lease distribution or an eviction of Tenant. Should any interruption or discontinuance other use method for computing the amount 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 anotherusage. In the event of any dispute, Tenant shall pay the bill xxx all such interruption of any utilities furnished for the Premises in accordance with Landlord's billing, and such services as contemplated payment shall not prejudice Tenant's position. If the dispute is determined in Tenant's favor, by this paragraphagreement or otherwise, Landlord shall use reasonable diligence refund the overpayment to restore Tenant. Any bill xx statement shall be binding and conclusive on Tenant if Tenant fails to object thereto in writing (stating the reasons therefor) within thirty (30) days after the date thereof. If Landlord is furnishing Tenant any utility or utilities hereunder, Landlord may, at any time, at Landlord's option and on at least thirty (30) days' prior notice to Tenant, discontinue furnishing any such serviceutility to the Premises; and in such case, Tenant shall contract directly with the public or private service company supplying such utility service for the purchase by Tenant of such utility, and (ii) throughout the Lease Term Landlord shall keep in good order and repair and shall maintain the telephone raceway and interface wiring system and shall make any necessary repairs to or replacements of such telephone raceway and/or interface wiring system (except that Landlord's obligation shall not include repair or replacement of service extensions, wiring or other telephone systems exclusively servicing the Premises and that Tenant shall reimburse Landlord for any and all repairs thereto necessitated by any acts, omissions to act or negligence of Tenant or Tenant's agents, employees and contractors). (i) Throughout the Lease Term Landlord shall keep in good order and repair and shall maintain the sprinkler system in the Premises, including checking, testing and servicing thereof, and shall make any necessary repairs to or replacements of such sprinkler system (except that Tenant, at its expense, shall make any or all repairs and replacements thereto necessitated by any acts, omissions to act or negligence of Tenant or Tenant's agents, employees and contractors and any expansions or improvements desired by Tenant to such portion of the sprinkler system servicing the Premises). In consideration thereof, Tenant shall pay to Landlord, for each Lease Year or partial Lease Year during the Lease Term hereof, a Sprinkler Charge as set forth in Section 1M of this Lease, which shall be payable in twelve (12) equal monthly installments, in advance, on the first day of each month during the Lease Term and any additional charge billed by Landlord for repairs or replacements made necessary by reason of the acts, omissions to act or negligence of Tenant or Tenant's agents, employees or contractors. All modifications to such sprinkler system that Tenant may

Utilities. Tenant acknowledges that shall pay, as the same become due, all utilities charges for domestic and irrigation water, gas, electricity (including parking lot lighting), telephone, storm and sanitary sewer service, waste pick-up and any other utilities, materials or services furnished directly to or used by Tenant on or about the Premises during the Term, including, without limitation, meter, use and/or services are connection fees, hook-up fees, penalties and surcharges. If any utility or other service is not separately metered to be paid for by Tenant, with the NO Exception. Tenant must connectPremises, or transfer utilities not provided by is billed directly to Landlord, or included as part of a tax xxxx, then Tenant shall reimburse Landlord into the name of Tenant within 2 days or pay its pro rata share of the commencement cost of Leasesuch utility service with all others served by the service not separately metered, as appropriate. At any time thereafterSuch proration shall be based upon the respective gross leaseable areas of the parties using such utility services. If Landlord is responsible for paying such utility costs directly to the provider of such services, Landlord mayshall make such payments in a timely manner, without notice to Tenant, disconnect any utilities serving Premises which are in the name of Landlord and are Tenant shall 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 any late payment penalties or charges assessed against Landlord are not responsible for the charges to the Tenant. Tenant’s as a result of Landlord's failure to pay such costs on or before the date same are due and payable. Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any utility xxxxrationing, as and when due, shall constitute an Event of Defaultlimitation or other control. Tenant shall not at be entitled to terminate this Lease nor to any time overburden or exceed the capacity abatement in Rent by reason of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacitycompliance. Landlord shall not be liable to Tenant in for damages or otherwise (i) if for any failure or interruption of 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 sprinkler) caused by furnished to the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlPremises, and the same no such failure or interruption shall not constitute a termination of be deemed an eviction or entitle Tenant to terminate this Lease or an eviction withhold or xxxxx any rent due hereunder, unless such failure is directly attributable to the intentional acts or omissions of TenantLandlord. 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, at all reasonable times have free access to all electrical 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 mechanical installations of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceLandlord.

Utilities. Tenant acknowledges that shall be solely responsible for and promptly pay all utilities and/or charges for heat, water, gas, electric, sewer service and any other utility service used or consumed on the Leased Premises. Should Landlord elect to supply all or any of the utility services are to be paid used or consumed on the Leased Premises, Tenant shall, within ten (10) days from presentation of the statement for such utility service, pay to Landlord, as additional rent under the terms hereof, the amount of said statement if it represents utility service furnished to the Leased Premises only or its prorata share of said statement if it includes utility service to an area greater than the Leased Premises. Said proration of utilities shall be reviewed by TenantLandlord and Tenant 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 the Tenants and will be adjusted by Landlord, if necessary. The Tenant shall forthwith upon taking occupancy of the Leased Premises make arrangements with the NO Exception. Public Service Company, U.S. West or other appropriate utility company to pay the utilities used on the Leased Premises and to have the same billed to the Tenant must connect, or transfer utilities not provided at the address designated 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 Should there be a time where the Landlord remains responsible for utilities supplied to pay any utility xxxxthe Leased Premises, as the Landlord shall bill xxx Tenant therefore and when due, shall constitute an Event of Default. the Tenant shall not at any time overburden or exceed promptly reimburse the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the PremisesLandlord therefore. If Tenant desires to install any equipment which In no event shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 or failure in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making supply 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 to the option to terminate this Agreement without further liability to one anotherLeased Premises. In the event the utility company supplying water and/or sewer to the Leased Premises determines that an additional service fee, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenant's use and occupancy of the Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by the Tenant. Said expense shall be paid promptly and any such interruption of repairs requested by the utility company shall be performed by Tenant immediately and without any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicedelay.

Utilities. Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with Provided 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 be in default hereunder, --------- and subject to the capacity provisions elsewhere herein contained and to the rules and regulations of the mainsBuilding, feedersLandlord agrees to furnish to the Premises from 7:00 A.M. to 6:00 P.M. on weekdays and 8:00 A.M. to 1:00 P.M. on Saturdays, ductsexclusive of legal holidays, conduits, or other facilities by which such utilities are supplied to, distributed in or serve water and electricity suitable for the intended use of the Premises. If Tenant desires to install any equipment , heat and air-conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, janitorial services during the times and in the manner that such services are, in Landlord's reasonable judgment, customarily furnished in comparable office buildings in the immediate market area, and elevator service which shall require mean service by unattended automatic elevators. Landlord shall provide additional utility facilities or utility facilities of after-hours heating or air-conditioning at Tenant's request, and Tenant shall pay to landlord a greater capacity than the facilities provided reasonable charge for such services as determined by Landlord, such installation shall be subject to Landlord’s prior written approval, which may be withheld 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 pay Landlordkeep and cause to be kept closed all window coverings when necessary because of the sun's position, on demand, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the cost regulations and requirements which Landlord may prescribe for providing such additional utility facilities or utility facilities the proper functioning and protection of greater capacity. Landlord 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 the heating, ventilationventilating, air and air-conditioning system. Wherever heat-generating machines, excess lighting or sprinkler) caused equipment are used in the Premises which affect the temperature otherwise maintained by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable controlair-conditioning system, Landlord reserves the right to install supplementary air-conditioning units in the Premises, and the same shall not constitute a termination cost thereof, including the cost 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, installation and the same cost of operation and maintenance thereof, shall continuebe paid by Tenant to Landlord upon demand by Landlord. Any sums payable under Section 14 shall be considered Additional Rent and may be added to any installment of Base Rent thereafter becoming due, 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 same remedies for a default in payment of such sum as for a default in the event payment of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such serviceBase Rent.

Utilities. Tenant acknowledges shall pay all charges for water, sewer, gas, electricity and other utilities or like services used or consumed on the Premises (each, a “Utility Service” and collectively the “Utility Services”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that all utilities and/or services are Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to be paid for by Tenanta common switching point(s) at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with the NO Exception. Tenant must connectrespect to all other Utility Services being installed as Base Building Work, a direct, sub- 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 “check” meter 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. measuring Tenant’s failure to pay any utility xxxx, as and when due, shall constitute an Event consumption of Defaultsuch Utility Service. Tenant shall not pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any time overburden check- or exceed sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub – and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the capacity utility providers following the conclusion of each fiscal year of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, such installation Landlord shall be subject under no obligation as to Landlord’s prior written approval, which may be withheld at Landlord’s sole discretion. If any Utility Services beyond the foregoing responsibility to bring such installation is approved by Landlord Utility Services to the Utility Switching Points and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, as required in the cost for providing such additional utility facilities or utility facilities completion of greater capacity. the Finish Work and Landlord 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 or failure in any utility service (including, without limitation, any heating, ventilation, air conditioning or sprinkler) caused by the making supply of any necessary repairs utilities or improvements Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any cause beyond Landlords company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable controldocumentation regarding the proposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the same City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there 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 be no unreasonable interference with Tenant’s ability operations within the Premises, Tenant agrees reasonably to conduct businesscooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, then and on reasonable advance notice, shall allow Landlord shall xxxxx and the rent for Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within 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 associated with the option to terminate this Agreement without further liability to one anotherdelivery of Utility Services. In the event of any such interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such service[***]. [***].

Utilities. (a) Tenant acknowledges that shall contract with and directly pay when due utility company charges for all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, refuse and trash collection, and other utilities and/or and services are used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other similar charges for utilities imposed upon the Premises 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. Electrical, gas (if any) and water shall be, separately metered. Landlord may cause at Tenant's expense any utilities to be paid for separately metered or charged directly to Tenant 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 Defaultprovider. Tenant shall not at any time overburden or exceed the capacity pay its share of the mainsall charges for jointly metered utilities based upon consumption, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided as reasonably determined by Landlord. Tenant agrees to limit use of water and sewer for normal restroom and office use. No interruption or failure of utilities shall result in the termination of this Lease or the abatement of rent; however, such installation shall be subject to in the event that Tenant requests Landlord’s assistance in restoring disrupted utility service, Landlord shall promptly cooperate with Tenant to assist Tenant to cause same to be restored, it being understood that any costs of same will be treated as Operating Expenses. Landlord shall not voluntarily cause or authorize any disruption or diminution of utility service to the Premises without the prior written approvalconsent of Tenant, which may be withheld at Landlordin Tenant’s sole but reasonable discretion. (b) Tenant shall, at its sole cost and expense, contract directly with a janitorial service and shall pay for all janitorial services used on or for the Premises. If such installation is Landlord shall have no obligations whatsoever in connection therewith. (c) Tenant shall store all trash and garbage within the Premises or in a trash dumpster or similar container approved by Landlord as to type, location and if Landlord provides screening; and Tenant shall arrange for the regular pick-up of such additional facilities to accommodate trash and garbage at Tenant’s installation, expense. Tenant agrees shall comply with applicable Legal Requirements related to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord 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 sprinkler) caused by the making of any necessary repairs or improvements or by any cause beyond Landlords reasonable control, trash 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 interruption of any such services as contemplated by this paragraph, Landlord shall use reasonable diligence to restore such servicerecycling.