Common use of Utilities Clause in Contracts

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, SECTION 6.01. Tenant shall pay promptly for all water, sewer, gas, phone heat, light, power, sewer charges, telephone installation utility hookup, connection and electricity available service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and to make available to Tenant heatingafter the Commencement Date, ventilationtogether with any tax, air-conditioning, water, sewer, gas, phone and electrical services during 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. Landlord shall Tenant agrees to immediately apply for all applicable utilities to be responsible separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000Landlord, Tenant shall pay the excess amount directly to Landlord as Additional Rent a reasonable proportion to be determined by Landlord 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 rent hereunder. 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 total cost of 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 Demised Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have 24been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, 7-days per week control without notice to Tenant, any of the HVAC system serving utilities or services furnished to the Demised Premises for which Tenant fails to pay and may use the security system serving the Buildingno such discontinuance shall be deemed an actual or constructive eviction. B. In SECTION 6.03. Under no event circumstances shall Landlord be liable for to Tenant on account of the qualityfailure, quantitydiscontinuance, failure interruption or interruption 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 of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence or willful misconduct of Landlord or its agentsLandlord, employees or contractors. D. In the event of a failure or interruption of provided, however, if said 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a locationare discontinued, at no cost to fault of the Tenant, for a consecutive period of 180 days or more, the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseterminate this Lease.

Utilities. A. Landlord agrees to cause the necessary mainsprovide, conduits and other facilities to be provided to make heating, ventilation, air-conditioningat its cost, water, sewerelectricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, phone light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and electricity available all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Demised Premises and shall contract for all of the Services in Tenant's name prior to make available the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to Tenant heatingso contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, ventilationor if any of the Services are not separately metered as of the Commencement Date, air-conditioning, water, sewer, gas, phone and electrical services during the Term cost of this Lease. Landlord such Services shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity an Operating Expense and gas exceeds $5,000, Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the excess amount directly percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to Landlord as additional rent any cause whatsoever shall not affect any obligation of Tenant hereunder. , and Tenant shall have 24-hoursfaithfully keep and observe all the terms, 7-days per week control conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure acts or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or its agents, employees or contractors. D. In the event suspension 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 prompt repairs shall include after-hours repairs as needed due to Services interferes with Tenant’s 24/7 's use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entity, Premises (as reasonably determined by Landlord shall promptly take reasonable measures to cause and Tenant) following such utility company or other entity to repair or remediate the cause of the utility failure or interruptionforty-eight (48) hour period until such Services are restored. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord Subtenant shall be responsible for the payment of all utilities used by Tenant at the Demised Premises pay directly to the applicable public utility provider, except if the monthly cost when due, for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system all separately metered utilities exclusively serving the Subleased Premises and may use any equipment not located within the security system Subleased Premises but exclusively serving the Building. B. In no event shall Landlord be liable for Subleased Premises (including, without limitation, any HVAC units). As to all sub-metered utilities exclusively serving the quality, quantity, failure or interruption of utilities to the Demised Subleased Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agentsSubtenant Exclusive Area, employees or contractors. D. In the event of a failure or interruption of utilities any equipment therein, and/or any equipment not located within the PremisesSubleased Premises but exclusively serving the Subleased Premises (including, Landlord without limitation, any HVAC units), Subtenant shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable controlreimburse Sublandlord, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due from time 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenanttime, for the placement actual cost of such utility service (including, without limitation, capacity charges, demand charges, taxes, and other fees), within fifteen (15) days after Subtenant’s receipt of a receptacle for Tenantwritten invoice from Sublandlord, no more often than monthly. Sublandlord has installed or shall promptly install separate meters or sub-meters measuring the electricity furnished to Subleased Premises, Sublandlord’s refuse Retained Space, the Sublandlord Exclusive Area and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtainingSubtenant Exclusive Area; provided, Sublandlord may elect not to, at its sole cost and expenseoption, all applicable governmental authorities thereforseparately meter or sub-meter the lighting system and/or any incidental outlets in the warehouse space of the Building. Such installation may include, at Tenant’s election, the installation of an internal transfer switch Subtenant shall reimburse Sublandlord for the generator reasonable cost of all meters and sub-meters installed by Sublandlord to measure electricity furnished to Subleased Premises and/or the Subtenant Exclusive Area, any equipment therein, and/or any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, any HVAC units), within thirty (30) days after Subtenant’s receipt of a written invoice from Sublandlord. Subtenant shall ensure that all electricity furnished to the equipment 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 warehouse space that is part of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseSubleased Premises is separately metered or sub-metered.

Utilities. A. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord agrees to cause shall ensure the necessary mainsdelivery of and pay the cost of all utilities for the Building, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewerincluding electricity, gas, phone hot and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, cold water, sewerjanitorial services, gastelephone, phone cable and electrical other utility services during installed for the Term of this LeaseLeased Premises or the occupants thereof, including, without limitation, fees and taxes thereon. Landlord shall be responsible additionally provide a generator for electricity that automatically provides back-up electric power for the payment Building in the event of all utilities used by Tenant at the Demised Premises directly to a failure of the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Buildingdo so. B. In no event (b) Except as otherwise set forth in this Lease, Landlord shall Landlord not be liable in damages or otherwise for the quality, quantity, any failure or interruption of utilities any utility or other service being furnished to the Demised Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding the foregoing, if (i) an interruption or curtailment, suspension or stoppage of electrical service to the Building occurs and continues without restoration for more than twenty-four (24) hours after Landlord shall have received notice thereof from Tenant, and (ii) as a result of interruption or curtailment, suspension or stoppage of electrical service to the Building, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then Tenant may make such reasonable repairs, replacements or alterations to the electrical generator serving the Building and Landlord shall reimburse Tenant for the cost thereof within ten (10) days after receipt of a third party invoice therefor. Landlord shall not be responsible for any cost or expense incurred by Tenant for damage or loss of any biological or medical materials, substances or supplies kept on the Leased Premises, whether resulting from any failure or interruption of any utility or other service being furnished to the Leased Premises, unless caused by any such damage or loss results solely from the gross negligence or willful misconduct of Landlord or its Landlord’s agents, invitees, employees or contractors. D. In (c) Landlord shall keep and maintain the event Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for office and laboratory occupancy, as applicable, between the hours of a failure 8 a.m. to 6 p.m. on weekdays that are not official national or interruption of utilities state holidays. Tenant acknowledges and understands that the temperature within the PremisesLeased Premises is centrally controlled and timed and is measured by sensors in the Leased Premises that are subject to manual override with respect to timing. Landlord agrees that so long as Tenant does not operate its business within the Leased Premises in more than a single shift that runs between such times, 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install override the timing controls during off hours and on weekends to ensure that the Leased Premises are at a generator on commercially reasonable temperature. However, in the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor event that Tenant shall maintain more than one operating shift, Tenant acknowledges and location thereof and (b) agrees that Landlord may charge Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in additional utility charges incurred by Landlord to maintain the room adjacent Leased Premises at a commercially reasonable temperature to the Building’s electrical closetcomply with ASHRAE standards for. Landlord may elect to require Tenant remove the generator office and restore the Property to its original condition at the termination of the Sublease. Approvallaboratory occupancy, installation as applicable, during off hours and removal shall be at Tenant’s sole cost and expenseweekends.

Utilities. A. Landlord agrees that during the Lease Term the Demised Premises shall be connected to cause the electric and gas lines serving the municipality wherein the Demised Premises are located and to the water and sewer systems of such municipality. Landlord agrees that during the Lease Term (i) all such water, electricity, and gas shall be in such amounts per unit of time as shall be required by the provisions of Schedule C (including, without limitation, sufficient water for air conditioning) and (ii) all such sewerage disposal facilities shall be of such capacity as shall be required by the provisions of Schedule C. If for any reason the Demised Premises cannot be connected to such municipality's water and/or sewer systems on the Commencement Date, Landlord shall then provide water and/or sewer systems which (i) shall be of such capacity as shall be required by the provisions of Schedule C, (ii) shall be subject to the prior written approval of Tenant and (iii) shall meet the requirements of all public authorities having jurisdiction with respect thereto. Except as necessary mains, conduits and other facilities to be provided to make heatingrequired repairs or alterations, ventilationLandlord shall not take, air-conditioningor permit any occupant of the Shopping Center or any person claiming under Landlord or any such occupant to take, any action which shall interrupt, or interfere with, any electric, gas, water, sewer, gas, phone and electricity available sewerage or telephone service to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this LeasePremises. Landlord shall be responsible for the payment provide Tenant with reasonable written notice (not less than 3 days in advance) of all utilities used by Tenant at the Demised Premises directly any action which is likely to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure interfere with or interruption of utilities interrupt such services to the Demised Premises, unless caused by the gross negligence including action reasonably necessary to make required repairs or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expensealterations, and Landlord shall provide Tenant with a locationnot take, at no cost or give permission to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval any occupant of the plans therefor and location thereof and (b) Tenant obtainingShopping Center or any person claiming under Landlord or any such occupant, at its sole cost and expenseto take any such action without Tenant's consent, all applicable governmental authorities thereforwhich shall not be unreasonably withheld or delayed. Such installation may includeNotwithstanding such notice, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent event that Landlord causes or permits any such interruption or interference to occur and continue for longer than one (1) day, ▇▇▇▇▇▇'s Minimum Rent shall be abated for each additional day that such interruption or interference continues in proportion 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseinterruption or interference.

Utilities. A. All services, including but not limited to janitorial, dumpster, and pest control; and all utilities (including any additional utility services not already provided at the Premises), telecommunications and internet services, interior and non-structural expenses within the Premises shall be the sole expense and responsibility of the Tenant beginning as of the date of delivery of the Premises to Tenant. Utilities for the Premises that are separately metered (and trash removal/dumpster services) shall be arranged for and paid directly by the Tenant when due. Tenant is responsible for all deposits and the cost of connection of said utilities serving the Premises, including but not limited to panels, meters, and wiring, provided that Landlord agrees to cause represents and warrants that all required meters or submeters for electricity are installed, or will be installed and will be in good working order within thirty (30) days of the necessary mains, conduits Commencement Date. Utilities that are not separately metered (and other facilities to shared trash removal/dumpster services) shall be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available reasonably allocated by Landlord to the Demised Premises based upon usage and to make available to paid by the Tenant heatingwhen billed, ventilationat the actual out of pocket cost incurred by Landlord, airwith no mark-conditioning, water, sewer, gas, phone and electrical services during the Term of this Leaseup. Landlord shall be responsible for maintain the payment facilities and systems in the Building and Premises in good order, condition, and repair, inclusive of all utilities used by Tenant at the Demised Premises directly electric power required to the applicable public utility providerservice, except if the monthly cost for electricity operate and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of accommodate the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure equipment as well as any Alterations or interruption of utilities other uses agreed to the Demised Premises, unless caused by the gross negligence or willful misconduct parties in writing, excluding any portions of Landlord or its agentssuch facilities and systems installed by Tenant, employees or contractors. D. which shall be maintained by Tenant. In the event of a failure or interruption of utilities within Tenant requires any additional utility services not specifically set forth in this Section 8(a), including, without limitation, additional amperage to the PremisesBuilding, 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 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 shall be responsible for any and all costs associated with such additional utility services. Furthermore, if there are any additional generator services that Tenant may require as a result of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Permitted Use, Tenant shall provide a service be responsible for any and all actual costs associated with such additional generator services, including, without limitation, the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse new generator, its installation, maintenance, upkeep and garbageadditional utility costs. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees In addition to cause the necessary mainsall other sums Tenant is required to pay pursuant to this Lease, conduits Tenant shall be solely responsible for and other facilities shall pay as additional rent prior to be provided to make heatingdelinquency all charges for electricity, ventilation, air-conditioningtelephone, water, sewergas (if any), gas, phone heat and electricity available any other utilities used or consumed on the Premises from and after the date Tenant first takes possession of the Premises. If the Premises are separately metered by the utility service company Tenant agrees to pay all charges therefor attributable to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises Lease term directly to the applicable public appropriate utility providerservice company before delinquency, except if whether the monthly cost for electricity and gas exceeds $5,000statement or invoice therefor is delivered to Tenant during, or after expiration of, the Lease term. If the Premises are separately metered by the Landlord, Tenant agrees to pay all charges therefore attributable to the Lease term directly to Landlord before delinquency, whether the statement or invoice therefore is delivered to Tenant during, or after expiration of, the Lease term. Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24before delinquency its pro-hours, 7-days per week control rata share of the HVAC system serving costs of any utility services that are not separately metered. Tenant’s pro-rata share shall be equal to the Premises ratio which Tenant’s rentable ground floor area bears to the total rentable ground floor area which has the benefit of, or receives, the expense or utility service for which Tenant is being charged. Nothing contained in this Lease shall limit Landlord in any way from granting or using easements on, across, over, and may use under the security system serving Development for the Building. B. purpose of providing utility services for Tenant or others. In no event shall Landlord be liable responsible for the qualityany loss, quantitycost, failure liability or expense of any person or entity resulting from any interruption of utilities utility services to Tenant and/or the Premises, nor shall rent be offset as a result of any such interruption, unless any such utility interruption is due to the Demised Premises, unless caused by the Landlord’s gross negligence or willful intentional misconduct of Landlord and continues for forty-eight (48) hours or its agents, employees or contractorsmore after Tenant provides written notice thereof to Landlord. 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees shall arrange for the supply of gas and electricity to cause the necessary mainsLeased Premises and Tenant shall reimburse Landlord for the cost thereof pursuant to Paragraph 3.1. Tenant shall arrange for and provide water service to the entirety of the Property, conduits shall obtain such service in Tenant's name and shall pay the monthly charges therefor, subject to Tenant's right of offset in Paragraph 3.2 hereof. Tenant shall arrange directly for any other facilities utility services to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all determining if the local supplier of its janitorial water, gas and cleaning services electricity can supply the needs of Tenant and whether or not the existing water, gas and electrical distribution systems within the Building and the Leased Premises are adequate for the Demised Premises at Tenant’s expense's needs. Tenant shall provide a service be responsible for determining if the existing sanitary and storm sewer systems now servicing the Leased Premises and the Property are adequate for Tenant's needs. Subject to Paragraph 3.3 hereof, Tenant shall pay all charges and special charges for water, gas, electricity and storm and sanitary sewer services, and other waste discharge services and permits as so supplied to the Leased Premises, irrespective of whether or not the services are maintained in Landlord's or Tenant's name, provided that Tenant shall be required to pay only for the collection actual cost of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtainingsuch services. Either party hereto, at its sole cost and expense, all applicable governmental authorities therefor. Such installation hereto may includecause the Leased Premises or the Building to be separately metered for gas, at electricity and/or water, in which case Tenant shall arrange for any such separately metered service to be put in Tenant’s election, 's name and shall pay the installation of an internal transfer switch cost for the generator in the room adjacent such service directly to the Building’s electrical closet. Landlord may elect to require Tenant remove utility provider, in which case Expenses shall not include the generator and restore the Property to its original condition at the termination cost of the Sublease. Approval, installation and removal shall be at any such service paid directly by Tenant’s sole cost and expense.

Utilities. A. SECTION 4.1. The Tenant represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord agrees to cause the necessary mainsTenant, conduits pay to the Landlord, as Additional Rent, any and other facilities all charges incurred by the Landlord for any and ail utilities supplied to be provided to make heatingthe Premises including, ventilationwithout limitation, air-conditioningtelephone, electricity, water, sewer, heating oil and/or natural gas, phone and electricity available . The Landlord hereby agrees that any demand given by the Landlord to the Demised Premises and Tenant pursuant to make available the provisions of this Section 4.1 shall include an accurate copy of the invoice, statement, bill or similar document issued by the public utility or any private ▇▇▇pany providing such utility, as the case may be, with respect to any utility for which payment is demanded. SECTION 4.2. Landlord shall not be liable in any way to Tenant heatingfor any interruption or failure of or defect in the supply or character of any utility furnished to the Premises, ventilationnow or hereafter, air-conditioningor for any loss, waterdamage or expense Tenant may sustain if either the quantity or character of any utility is changed or is no longer suitable for Tenant's requirements, sewerwhether by reason of any requirement, gas, phone and electrical services during act or omission of the Term public utility serving the Premises or for any other reason whatsoever. Notwithstanding the provisions of this Lease. Section 4.2, the Landlord shall be responsible for any and all actual damages suffered by the payment Tenant as a result of all utilities used any interruption of utility service caused solely by Tenant at the Demised Premises directly Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility provideror private company providing such utility, except if as the monthly cost for electricity and gas exceeds $5,000case may be, any amount which has been paid by the Tenant shall pay to the excess amount directly Landlord pursuant to Landlord as additional rent hereunderthe provisions of Section 4.1 hereof. SECTION 4.3. Tenant shall have 24-hoursat all times comply with the rules, 7-days per week control regulations, terms and conditions applicable to service, equipment, wiring, as well as any and all requirements of the HVAC system serving public utility supplying electricity to the Premises. Tenant shall not, without Landlord's prior written consent in each instance (which consent may be withheld by the Landlord in its reasonable discretion), connect any fixtures, machinery, appliances or equipment to the Premises and may use electric distribution system or make any alteration or addition to Tenant's machinery, appliances or equipment, or the security electric system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate if the cause of effect thereof would be to increase the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of electrical load in the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be deemed Additional Rent due hereunder and shall be forthwith paid by Tenant within five (5) days of Landlord's written demand. SECTION 4.4. If any Taxes are imposed upon Landlord with respect to any utility furnished as a service to Tenant by any Governmental Authority, Tenant agrees that such Taxes shall be reimbursed by Tenant to Landlord within five (5) days of written demand. The Landlord hereby agrees that any demand given by the responsibility for repair or remediation is that Landlord to the Tenant pursuant to the provisions of this Section 4.4 shall include an accurate copy of the utility company invoice, statement, bill or other entitysimilar document issued by the relevant Governmental Authori▇▇ ▇r Governmental Authorities, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate as the cause of the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisescase may be, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent respect 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseTaxes for which payment is demanded.

Utilities. A. Provided that Tenant is not in Default hereunder, Landlord shall furnish to the Premises the following services: water, natural gas, electrical power and elevator service; heating and air conditioning suitable for the comfortable use and occupation of the Premises (assuming normal office use thereof) during the period from 7:00 a.m. to 7:00 p.m. on weekdays (“Business Hours”). The Building is equipped with submeters to measure the consumption of electricity upon the Premises. Tenant shall on a monthly basis, as additional rent, pay to Landlord the cost of all such electricity consumed at the Premises as indicated by the submeter. The cost of all other utilities shall be included as Operating Expenses, to the extent applicable and to the extent such services are defined in Operating Expenses. Tenant shall give reasonable notice in making any request for utilities required outside of Business Hours, and Landlord shall make commercially reasonable efforts to satisfy Tenant’s request and provide to Tenant, upon Tenant’s request, an estimate of the approximate cost of such requested utilities. Tenant agrees to cause pay, as additional rent, promptly after written notice thereof, the necessary mainsactual costs incurred by Landlord in connection with providing any additional utilities Landlord may provide pursuant to Tenant’s request. Landlord shall provide the detail used for the calculation of these costs to Tenant within ten (10) days after request by Tenant. B. Tenant shall not, conduits without first obtaining the Landlord’s written consent thereto, which consent shall not be unreasonably withheld or delayed, install within the Premises any electrical machinery, appliances or equipment which is not typically installed in offices (excluding, by way of example rather than limitation, microwave ovens, refrigerators, photocopying equipment, and fax machines typically found in offices) which uses electrical current in excess of that which is standard for the Building. Landlord shall have the right from time to time, using sub-meters or other facilities methods, to be provided measure the consumption of electricity or other utilities upon the Premises. Tenant agrees to make pay, as additional rent, promptly on demand any and all costs incurred by Landlord in connection with providing utilities in excess of that which is standard for the Building. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building heating, ventilationventilating and air conditioning systems. No such failure and no interruption of utilities or services from any cause whatsoever shall constitute an eviction of Tenant, air-conditioningconstructive or otherwise, wateror impose upon Landlord any liability whatsoever, sewerincluding, gasbut not limited to, phone and electricity available to the Demised Premises and to make available to Tenant heatingliability for consequential damages or loss of business by Tenant, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of except as otherwise expressly provided in this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to such failure or interruption. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord not be liable for the qualityinjury to or death of any person or damage to or destruction of property, quantityhowever occurring, failure through or interruption of utilities in connection with or incidental to the Demised Premises, unless furnishing of or the failure to furnish any of the foregoing utilities or services or any other utilities or services except to the extent caused by the Landlord’s gross negligence or willful misconduct of Landlord or its agents, employees or contractorsmisconduct. D. In C. Landlord makes no representation to Tenant regarding the event of a failure adequacy or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause fitness of the utility failure heating, air conditioning or interruption using all means within Landlord’s commercially reasonable controlventilation equipment in the Building to maintain temperatures that may be required for, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to or because of, any of Tenant’s 24/7 use of the Premises. If the responsibility for repair or remediation equipment that 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expensenot an ordinary office machine, and Landlord shall provide have no liability for loss or damage suffered by Tenant with a locationor others in connection therewith. If Tenant’s use of the heating, at no air conditioning or ventilation system causes damages to any of the air conditioning units or other equipment, the cost to Tenantrepair or replace any such units or equipment due to such use shall be paid by Tenant to Landlord, as additional rent, upon demand by Landlord. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (1) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises (other than a reasonable quantity of ordinary office machinery and lighting), (2) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (3) an electrical load for lighting or power in excess of the placement limits per square foot of a receptacle for Tenant’s refuse and garbage. F. Tenant rentable area of the Premises specified in Section 7.01D below, or (4) any rearrangement of partitioning or other improvements, Landlord shall have the right to install a generator on supplementary air conditioning units or other equipment Landlord reasonably deems appropriate in the Property Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord, as additional rent, within thirty (30) days after written demand by Landlord. D. Tenant agrees it will not, without the written consent of Landlord, use any equipment, apparatus or device in the Premises (including, without limitation, electronic data processing machines, computers or machines using current in excess of 110 volts) that will, individually or in the aggregate, in any way cause the amount of electricity, water or heating, ventilation or air conditioning supplied to the Premises to exceed the amount usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises) or with water pipes any equipment, apparatus or device for its exclusive use subject the purposes of using electric current or water. Landlord shall not, in any way, be liable or responsible to (a) Tenant for any loss or damage or expense that Tenant may incur or sustain if, for any reasons beyond Landlord’s approval reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the plans therefor and location thereof and feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, Base Rent will then be equitably adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to the Premises. E. In the event any governmental authority having jurisdiction over the Real Property or the Building promulgates or revises any law, ordinance or regulation or building, fire or other code or imposes mandatory or voluntary controls or guidelines on Landlord or the Real Property or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (bcollectively “Controls”) Tenant obtainingor in the event Landlord is required or elects to make alterations to the Real Property or the Building in order to comply with such mandatory or voluntary Controls, at Landlord may, in its sole cost and expensediscretion, all applicable governmental authorities thereforcomply with such Controls or make such alterations to the Real Property or the Building related thereto. Such installation may includecompliance and the making of such alterations shall not constitute an eviction of Tenant, at constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant; provided, however, that Landlord shall not agree to any voluntary Controls without first obtaining Tenant’s electionconsent, the installation of 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 the Sublease. Approval, installation and removal which consent shall not be at Tenant’s sole cost and expenseunreasonably withheld.

Utilities. A. 3.5.1 Landlord agrees shall have the right from time to cause time to select the necessary mainscompany or companies providing electricity, conduits gas, fuel, one or more categories of Telecommunication Services and any other facilities utility services to the Building. Landlord reserves the right to change electricity providers for the Building at any time and to purchase green or renewable energy, provided that the cost of such green or renewable energy as passed through to Tenant shall not be provided to make heating, ventilation, air-conditioning, materially greater than the then cost of other sources of energy then available on the market.. With the exception of water, sewer, gaselectricity and HVAC, phone Tenant shall contract directly and electricity available pay for all utilities used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the Demised Premises or is not otherwise separately accounted for and billed to make available Tenant, the cost therefor shall be an Operating Cost under this Lease, provided that the cost of electric current for lights and convenience outlets shall be billed by Landlord to Tenant heatingseparately from, ventilationand in addition to, air-conditioning, water, sewer, gas, phone Operating Costs. Landlord estimates that the present cost of electric current for lights and electrical services convenience outlets (exclusive of any other purposes) shall be Two and 00/100 Dollars ($2.00) per rentable square foot. Landlord makes no warranty or representation that such cost will not increase during the Lease Term due to increases in electric rates and/or electricity consumption, as the case may be, provided that there shall be no ▇▇▇▇ up of the actual cost as billed by the utility provider. 3.5.2 Tenant acknowledges that space on the Building rooftop and in Building risers, equipment rooms and equipment closets is limited. If Tenant requires Telecommunication Services for the Premises other than from the provider or providers of Telecommunication Services selected by Landlord and whose Telecommunication Facilities are installed in or about the Building or on the rooftop of the Building, provision for alternate or supplemental Telecommunication Services or Telecommunication Facilities has been made in a license agreement accompanying and made part of this Lease. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent (given in its absolute discretion) and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant for such purposes and setting forth the scope, the additional rent, if any, royalties and the other terms and conditions of that license, and (c) Tenant negotiating and obtaining the right, if any is required, to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. The agreement referred to in clause (b) of the previous sentence shall be incorporated in and become part of this Lease. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may reasonably require, (2) be subject to such procedures, regulations and controls as the Landlord may specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the payment failure of, diminution of all utilities used by Tenant at the Demised Premises directly or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord Landlord, its agents or its agents, employees contractors or contractors. D. In the event of by a failure in facilities, equipment or interruption of utilities within systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such interruption, deprivation or reduction in utility or building services to the Premises, Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for the period beginning with (a) the day which is five (5) Business Days after the date on which Tenant delivers notice to Landlord shall promptly repair of such interruption, deprivation or remediate the cause reduction and that Tenant is being deprived of all reasonable use of the utility failure Premises and ending on (b) the date such interruption, deprivation or interruption using all means within reduction which is Landlord’s commercially responsibility is not causing Tenant to be deprived of all reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. 3.5.4 HVAC service shall be provided to the Premises Mondays through Fridays from 8:00 a.m. to 6:00 p.m., except for holidays (“Building Standard Hours”). If Landlord shall provide HVAC service at times in addition to Building Standard Hours (“After-Hours HVAC”); provided, however, Tenant gives Landlord notice prior to 1:00 p.m. on the responsibility same day such After-Hours HVAC is required with respect to service on Business Days and prior to 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for repair or remediation is that of After-Hours HVAC shall be at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, however there will be no charge for After-Hours HVAC on Saturdays between 8:00 AM and 12:00 noon (although Tenant must request same as set forth in the utility company preceding sentence). Any HVAC service on holidays shall be considered After-Hours HVAC. 3.5.5 Tenant shall not install any supplemental HVAC, space heaters or other entityutilities or energy-intensive equipment (“Supplemental Utilities Equipment”) in the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by Landlord. In the event that Landlord shall promptly take reasonable measures consents in writing to cause such utility company or other entity to repair or remediate the cause of the utility failure or interruption. E. installation, Tenant shall be responsible for responsible, all of at its janitorial sole cost and cleaning services expense, for the Demised installation, maintenance, and repair of any of Supplemental Utilities Equipment, and, at Landlord’s election, shall remove same from the Premises upon the expiration or termination of the Lease Term at Tenant’s sole cost and expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at If Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, request for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of any Supplemental Utilities Equipment is accompanied by a written request that Landlord identify all or any portion thereof that Landlord may require Tenant to remove upon the plans therefor expiration or earlier termination of this Lease, Landlord shall identify such Supplemental Utilities Equipment (if any) by a written notice to Tenant given at the time of Landlord’s approval if, but only if, Tenant’s request for approval of such Supplemental Utilities Equipment is submitted with a notice at the top of the page having a heading in at least 12-point type, bold and location thereof all capital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY SUPPLEMENTAL UTILITIES EQUIPMENT WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, and (b) Tenant obtainingshall have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant agrees that it will maintain and repair any Supplemental Utilities Equipment, and major components thereof, in first-class condition, and to the extent applicable any such equipment will be operated on sensors or timers that limit the operation of such Supplemental Utilities Equipment to hours of occupancy in the areas immediately adjacent to the occupying personnel. Tenant shall, at its sole cost and expense, all applicable governmental authorities thereforenter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor or the seller of any such Supplemental Utilities Equipment, and upon Landlord’s reasonable request, Tenant will provide Landlord with reasonable evidence of such maintenance and repair. Such installation may includeUpon Landlord’s request, at reasonable times and upon prior notice to Tenant (except in the event of an emergency, where no notice is required) Landlord shall have the right to inspect, on not less than a monthly basis, the aforementioned Supplemental Utilities Equipment and major components provided Landlord shall use commercially reasonable efforts to minimize Landlord’s interference with Tenant’s election, the installation business. Tenant shall not permit any Supplemental Utilities Equipment to disturb or interfere with any of an internal transfer switch for the generator in the room adjacent to the Building’s electrical closet. Landlord may elect to require systems or any other tenant in the Building, and Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approvalwill remove, installation and removal shall be at Tenant’s sole cost and expense, any such Supplemental Utilities Equipment at Landlord’s direction in the event of such disturbance or interference. Landlord reserves the right to separately submeter (or cause Tenant to separately submeter) any Supplemental Utilities Equipment, all at Tenant’s sole cost and expense. Notwithstanding anything herein to the contrary, in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of this paragraph 3.5.5, Landlord may perform such removal at its election, and Tenant shall reimburse Landlord for any costs relating thereto, or in the event that Tenant performs such removal, Tenant shall be responsible to Landlord for any damage caused to the Premises or Building in connection therewith. 3.5.6 To the extent reasonably available to Tenant, Tenant shall be required to submit to Landlord any electricity consumption data and costs in a format deemed reasonably acceptable by Landlord.

Utilities. A. Landlord agrees to cause the necessary mainsGas, conduits steam, electricity and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to public utility charges (other than any such charges which are payable by Tenants of the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises Properties directly to the applicable public utility providercompany pursuant to such Tenants' Leases, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In which no event shall Landlord adjustment will be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused made) will be paid by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due Seller to Tenant’s 24/7 use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entitythrough the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, Landlord water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall promptly take reasonable measures jointly execute a letter to cause each of such utility company or other entity to repair or remediate the cause companies advising such utility companies of the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the SubleaseSeller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. ApprovalIf a ▇▇▇▇ is obtained from any such utility company as of the Closing, installation the Seller shall pay such ▇▇▇▇ on or before the Closing. If such ▇▇▇▇ shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such ▇▇▇▇, pay all such utility charges as evidenced by such ▇▇▇▇ or bills pertaining to the period prior to the Closing, and removal the Buyer shall pay all such utility charges pertaining to the period thereafter. Any ▇▇▇▇ which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), shall not be prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Tenant’s sole cost Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) conduit access from the street to the data communication closets of the applicable Property and expense(ii) phone and coaxial wiring in each unit of such Property back to the central media panel in such unit.

Utilities. A. Landlord agrees to cause the necessary mainsTenant shall contract directly and pay for all water, conduits gas, heat, light, power, telephone, sewer, sprinkler charges and other facilities utilities used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the Premises, the cost therefor shall be billed by Landlord to Tenant as a part of Tenant's share of Operating Costs, provided that the cost of electric current for lights and convenience outlets shall be billed by Landlord to Tenant separately from, and in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets only shall be $1.00 per square foot. Landlord makes no warranty or representation that such cost will not increase during the Term due to increases in electric rates or electricity consumption, as the case may be. HVAC service shall be provided to make heatingthe Premises Monday through Friday (excluding holidays) from 8:00 a.m. to 6:00 p.m. and Saturdays (excluding holidays) from 8:00 a.m. to 12:00 noon. If Tenant shall require after-hours HVAC, ventilation, air-conditioning, water, sewer, gas, phone and electricity available Tenant may request such service by notifying Landlord's Manager not later than 11:00 a.m. of the day prior to the Demised Premises and to make available to Tenant heating, ventilation, airday on which such after-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord hours service shall be responsible needed, and not later than 2:00 p.m. on the Thursday preceding any weekend for which such after-hours service shall be needed reasonably estimating the payment number of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost hours required for electricity and gas exceeds $5,000, such after-hours service. Tenant shall pay for such additional HVAC service at Landlord's hourly rate in effect from time to time, the excess amount directly to Landlord fee schedule initially in effect being attached as additional rent hereunderExhibit E, and shall pay all charges therefor when and as billed by Landlord. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 Such charges shall be responsible for all of its janitorial and cleaning services for deemed Additional Rent under the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbageLease. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the applicable utility service provider for any utilities that are separately metered to the Premises; (ii) Tenant shall pay Landlord agrees as Additional Rent for any utilities that are separately submetered to cause the necessary mainsPremises based upon Tenant’s submetered usage, conduits as well as for any maintenance and other facilities replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall pay Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to be provided Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Premises is paid per proportionate share and paid per subsection (iii) above. • Gas for the Premises is not provided at this time. • Water/Sewer for the Premises is paid per proportionate share and paid per subsection (iii) above. • Oil for the Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and b▇▇▇ Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, Landlord is hereby authorized to request and obtain, on behalf of Tenant, Tenant’s utility consumption data from the applicable utility provider for informational purposes and to enable Landlord to obtain full building Energy Star scoring for the Building. Landlord shall have the right to shut down the Building systems (including electricity and HVAC systems) for required maintenance and safety inspections, and in cases of emergency; provided however that, except in cases of emergency, Landlord will use commercially reasonable efforts to schedule any shut downs of the Building systems outside Business Hours. Landlord shall not be liable for any interruption in providing any utility that Landlord is obligated to provide under this Lease, unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, and Tenant has ceased using such untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the beneficial use; (ii) results from Landlord’s negligence or willful misconduct; and (iii) extends for a period longer than 7 consecutive days, in which case, Tenant’s obligation to pay Fixed Rent shall be abated with respect to the untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or the applicable portion thereof; or (B) the date on which the service(s) is substantially restored. The rental abatement described above shall be Tenant’s sole remedy in the event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to change the utility providers to the Project at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord reasonably determines that: (i) Tenant exceeds the design conditions for the heating, ventilation, airand air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such system, or causes such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, motors, machines, or equipment used in the Premises, including telephone and computer equipment, or any other condition in the Premises caused by Tenant (for example, more than one shift per day or 24-conditioninghour use of the Premises), wateradversely affects the temperature or humidity otherwise maintained by such system, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. then Landlord shall be responsible for notify Tenant in writing and Tenant shall have 10 days to remedy the payment situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of all utilities used installation, operation and maintenance, being payable by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderwithin 30 days after Landlord’s written demand. Tenant shall have 24-hours, 7-days per week control not change or adjust any closed or sealed thermostat or other element of the HVAC system serving the Premises without Landlord’s express prior written consent. Landlord may install and may use operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the security system existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Building. B. In no event Premises shall Landlord be liable for the quality, quantity, failure or interruption of utilities separately metered to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. cost, and Tenant shall provide be solely responsible for all electricity registered by, and the maintenance and replacement of, such meters. Landlord has no obligation to keep cool any of Tenant’s information technology equipment that is placed together in one room, on a service for rack, or in any similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. Landlord shall have the collection of refuse and garbage from option to require that the Premises, computer room and/or information technology closet in the Premises shall be separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such submeter. Within 1 month after written request, Tenant shall provide Tenant to Landlord electrical load information reasonably requested by Landlord with a location, at no cost respect to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator any computer room and/or information technology closet 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensePremises.

Utilities. A. Landlord agrees to cause (a) Commencing on the necessary mainsCommencement Date, conduits and other facilities to be provided to make heatingcontinuing throughout the Term, ventilationTenant shall pay for utility services as follows without setoff, air-conditioningdeduction, water, sewer, gas, phone and electricity available or counterclaim: (i) Tenant shall pay directly to the Demised applicable utility service provider for any utilities that are separately metered (not submetered) to the Premises; (ii) Tenant shall pay Landlord for any utilities serving the Premises and to make available to Tenant heatingthat are separately submetered based upon Tenant’s submetered usage, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the payment costs of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity which may be included in Operating Expenses); and gas exceeds $5,000, (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the excess amount total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Landlord as additional rent hereunderBuilding tenants or paid separately by such tenants. Tenant shall have 24-hours, 7-days per week control As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: · Electric for the lights and plugs of the Premises is currently separately submetered, and electric for HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption is paid as part of utilities Operating Expenses pursuant to Section 5. Notwithstanding anything to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisescontrary in this Lease, 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or include such utilities in amounts due as Project Expenses. Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 30 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on the Property an annual basis based on utility invoices received for its exclusive use subject to (a) such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s approval then-current reasonable charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the plans therefor general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, and location such failure continues uncured following fifteen (15) days written notice thereof Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and ▇▇▇▇ Tenant for such costs plus the Administrative Fee (b) Tenant obtainingas defined in Section 17), at its sole cost and expense, all applicable governmental authorities which amount shall be payable to Landlord as Additional Rent within 30 days after receipt of an invoice therefor. Such installation may includeTenant shall at all times comply with the rules, at Tenant’s electionregulations, terms, policies, and conditions applicable to the installation service, equipment, wiring, and requirements of an internal transfer switch for the generator in the room adjacent utility supplying electricity 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord agrees to cause the necessary mains, conduits and other facilities (such approval not to be provided to make heating, ventilation, air-conditioning, water, unreasonably withheld). Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, phone electricity, water and electricity all other utility services delivered to the Premises. Landlord may make electrical service available to the Demised Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such service, and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash compactor/trash removal, cleaning, and security, available to the Premises and, in such event, Tenant heatingshall utilize such services, ventilationat Tenant's expense. Tenant shall operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, air-conditioning, water, sewer, gas, phone and electrical services during set Tenant's thermostat at the Term of this Leasesame temperature as that thermostat in the mall which is nearest the Premises. Landlord Tenant shall be responsible for the payment installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and other components. Tenant shall operate ventilation so that the relative air pressure in the Premises will be the same as or less than that in the adjoining mall as reasonably required by the Landlord. In the event Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for such services with one of the service providers available at the Center. In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities used or services to the Premises, then Tenant's rent shall be abated after the expiration of the eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant at from the Demised Premises directly date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000contrary, Tenant shall pay not be permitted to abat▇ ▇▇▇t as hereinabove otherwise provided if the excess amount directly failure to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving provide any such utilities or services to the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable is as a result of Tenant's failure to pay for the quality, quantity, failure same or interruption of utilities due to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or Tenant, its agentsemployees, employees agents or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord a. From and after the Ready for Occupancy Date and at all times during the Lease Term, Tenant covenants and agrees to cause pay, prior to delinquency, the necessary mainscosts and charges for all utilities, conduits including but not limited to gas, propane, electricity, water and sewer, telephone, and trash service used and consumed by Tenant, its employees, agents, servants, customers and other facilities invitees in the Premises, and to be provided the extent possible shall contract for the same in its own name and on separate meters. If Tenant fails to make heatingpay any such charges, ventilationLandlord may, air-conditioningat its option, pay the same for and on Tenant’s account, in which event Tenant shall promptly reimburse Landlord therefor, together with interest at one percent (1%) per month from the date of expenditure until paid. Landlord shall have no liability for interruption of any utility service, and Tenant may not ▇▇▇▇▇ rent, unless due to Landlord’s gross negligence or willful misconduct, and not due to any fault of Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant, at Tenant’s expense shall pay for all utilities including water, sewer, gas, phone telephone, trash, and electricity available to the Demised Premises and for the use of Tenant. Landlord shall, at Landlord’s expense, install meters or submeters (if meters or submeters are not already on the Premises) to make available to Tenant heating, ventilation, air-conditioning, separately measure Tenant’s consumption of water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderenergy (if supplied). Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises keep meters and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly installation equipment in good working order and 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense; failure to do so may allow Landlord to cause such meters and equipment to be replaced or repaired, and collect the cost thereof from Tenant as Additional Rent. If any utility cannot be separately metered or separately determined, Tenant agrees to pay its pro rata share thereof which shall be determined by a flow meter to be installed by Landlord.

Utilities. A. 10.1 Landlord agrees to cause the necessary to be provided such mains, conduits and other facilities necessary to be provided to make heating, ventilation, air-conditioningsupply electricity, water, sewer, gas, phone telephone and electricity available gas (if available) to the Demised Premises Premises, in accordance with and subject to make available any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay, prior to Tenant heatingdelinquency, ventilation, air-conditioningall charges for electricity, water, sewer, gastelephone, phone solid waste and electrical garbage removal, gas (where applicable), and chilled water service (where applicable) furnished to the Premises, and Landlord may, if it so elects, furnish one or more of such services during the Term of this Lease. to Tenant, and, in such event, Tenant shall purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall be responsible pay for the payment of all utilities used by Tenant such services at the Demised Premises directly rates actually paid therefor by Landlord to the applicable public utility provider, except provided that such rates shall not exceed the rates which would be charged for the same service if furnished directly by the monthly cost for electricity applicable public utility then furnishing such service. In the event that at any time during the Term, or any extensions and gas exceeds $5,000renewals thereof, Tenant shall fail to pay any of the excess amount directly foregoing charges within thirty (30) days after written demand therefor, Landlord shall have the right, but not the obligation, to pay such charge or charges for and on behalf of Tenant and such amounts so paid shall be deemed to be additional rent hereunder and shall be payable by Tenant to Landlord upon at least thirty (30) days after written demand therefor. 10.3 Except as additional rent hereunderprovided in this Section, Landlord shall not be liable in the event of any interruption in the supply of any utilities including without limitation any heating and air-conditioning if provided. Tenant shall have 24-hours, 7-days per week control agrees that it will not install any equipment which will exceed or overload the capacity of the HVAC system any utility facilities serving the Premises and may use that if any equipment installed by Tenant shall require additional utility facilities, the security system serving same shall be installed at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. Notwithstanding anything contained in the Building. B. In no event shall Landlord be liable for lease to the qualitycontrary, quantity, failure or if any interruption of utilities or services, which is due to the Demised Premisesnegligence of Landlord, unless caused by its agents or employees, shall continue for more than twenty-four (24) continuous hours and shall render any portion of the gross negligence Premises unusable for the normal conduct of Tenant’s business, and if Tenant does not in fact use or willful misconduct occupy such portion of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause then all rent payable hereunder with respect to such portion of the utility failure or Premises which Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that and such prompt repairs abatement shall include after-hours repairs as needed due continue until full use of such portion of the Premises is restored 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause Tenant shall pay the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment costs of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000any and all other utility costs associated with the operation of the Premises. At Landlord's sole discretion, some or all of the utility costs will be determined from time to time by either: (a) direct meter, (b) submeter, (c) proportionate share, or (d) a separate ▇▇▇▇ based on an independent usage study or studies performed by a third party designated by Landlord from time to time. If Landlord elects that certain or all of the utility costs will be separately metered, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant for such separate metering and shall have 24-hours, 7-days per week control of the HVAC system serving purchase and receive such utilities for the Premises and may use directly from the security system serving public utility servicing the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises; otherwise, Landlord shall promptly repair or remediate ▇▇▇▇ Tenant for such utilities, as Additional Rent. Tenant's electrical usage shall be directly metered and Tenant shall purchase and receive electricity for the cause of Premises directly from the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of electrical provider servicing the PremisesBuilding. 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 shall be responsible for all maintenance, repair and replacement, as necessary, of its janitorial and cleaning services for any meters measuring Tenant's utility use. All meters installed by Tenant, including the Demised Premises at Tenant’s expenseaforementioned electric meter, shall be capable of being read remotely by Landlord. Tenant shall provide a service for the collection of refuse and garbage from the PremisesIf Landlord elects that any utility costs will be determined by submeter, Landlord will install such submeters, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its 's sole cost and expense, in a location designated by Landlord, which location shall be accessible by Landlord and Tenant shall permit Landlord and Building employees to enter the Premises to access and read such submeters at all applicable governmental authorities therefortimes during the Term. Such installation may includeLandlord shall maintain, at Tenant’s electionrepair and replace, as necessary, any submeters, and Tenant shall pay the cost thereof as Additional Rent hereunder. In addition, Tenant shall provide Landlord with a data/internet connection to enable Landlord to remotely read the submeters serving the Premises. If Landlord elects that certain or all of the utility costs will be determined based on an independent usage study or studies performed by a third party designated by Landlord from time to time, Tenant shall pay, as Additional Rent, such costs to the extent Tenant is notified of the same by invoice from Landlord. If Landlord elects that certain or all of the utility costs will be determined based on a cost study performed by a third party designated by Landlord from time to time, Tenant shall pay, as Additional Rent, the installation of an internal transfer switch costs identified in such study. Tenant acknowledges and agrees that Landlord may from time to time change the supplier from which it receives utility service for the generator Building and Tenant agrees that at any time Landlord makes such change, Tenant shall concurrently with Landlord convert to receiving utility service for the Premises from such new supplier. Except as otherwise expressly provided herein, Tenant agrees to pay all costs and expenses incurred in connection with the room adjacent provision of HVAC and utilities to the Premises, including without limitation, all labor, equipment, service contracts required to maintain the equipment plus supplemental heating and cooling, and repair and replacement costs associated therewith. As provided above, electric power for lights, plugs and electrical equipment and on floor air handling and ventilation equipment exclusively serving the Premises will be directly metered, and Tenant shall be billed directly by the public utility company supplying electricity to the Building’s electrical closet. Tenant acknowledges that the Premises is located on a multi-tenanted floor of the Building and the costs for electric power (and the costs of maintenance and repairs of the DX units) for the mechanical rooms and DX units serving such floor shall be reasonably allocated by Landlord between all tenants occupying such multi-tenanted floor and Landlord may reasonably adjust such allocation from time to time to compensate for any disproportionate consumption by any tenant on such multi-tenanted floor. Landlord may elect shall not be liable in any way to require Tenant remove the generator and restore the Property for any failure or defect in supply or character of electric current or other utilities furnished to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensePremises.

Utilities. A. Landlord agrees to cause (a) Commencing on the necessary mainsCommencement Date, conduits and other facilities to be continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to herein): (i) Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises pay directly to the applicable public utility provider, except if service provider for any utilities that are separately metered (not submetered) to the monthly cost for electricity and gas exceeds $5,000, Premises; (ii) Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage; and may use (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the security system total cost for all utilities serving the Building. B. In no event shall Landlord be liable for Project, excluding the quality, quantity, failure or interruption costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. Notwithstanding anything to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisescontrary in this Lease, Landlord shall promptly repair or remediate have the cause of the utility failure or interruption using all means within Landlord’s commercially right, upon reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due advance written notice to Tenant’s 24/7 use of , to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant. In exercising such right, for the placement of a receptacle for Landlord shall use its commercially reasonable efforts to avoid interfering with Tenant’s refuse use and garbage. F. occupancy of the Premises. For those utilities set forth in subsection (ii) above, Landlord shall invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor). For those utilities set forth in subsection (ii) above, Landlord shall have the right to install a generator either invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor), or together with Operating Expenses. Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within thirty (30) days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on the Property an annual basis based on utility invoices received for its exclusive use subject to (a) such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s approval then-current reasonable charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the reasonable costs for reading the meters within thirty (30) days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the plans therefor general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and location thereof and ▇▇▇▇ Tenant for such costs plus the Administrative Fee (bas defined in Section 17), which amount shall be payable to Landlord as Additional Rent within thirty (30) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities days after receipt of an invoice therefor. Such installation may includeTenant shall at all times comply with the rules, at Tenant’s electionregulations, terms, policies, and conditions applicable to the installation service, equipment, wiring, and requirements of an internal transfer switch for the generator in the room adjacent utility supplying electricity 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mainsTenant shall be solely responsible for, conduits and other facilities to be provided to make heatingpromptly --------- pay as and when due, ventilation, air-conditioning, water, sewerall changes and assessments for heat, gas, phone electricity, telephone and electricity available other utilities used, consumed or provided to or on the Demised Leased Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisesshall, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its 's sole cost and expense, arrange with the appropriate utility companies for the provision, augmentation or modification of such utilities to the Leased Premises. Notwithstanding anything herein to the contrary, Landlord shall not be liable in any respect for any damages whatsoever, whether to or with respect to person, property, Tenant's business or otherwise, for interruption in, or stoppage, suspension or curtailment of, any utility service or system (whether caused by or arising out of Landlord's need to make repairs or any other reason whatsoever), nor shall the same _____________________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. (a) constitute a constructive eviction or interference or disturbance with Tenant's use, possession or enjoyment of the Leased Premises, (b) constitute grounds for abatement, reduction or rebate, in whole or in part, of Rent or any other sum payable by Tenant hereunder, or (c) release or relieve Tenant of or from any Tenant's obligations hereunder. In the event landlord shall elect, or be required by governmental authorities, to install in the Leased Premises individual meters or other devices to measure any or all applicable governmental authorities therefor. Such installation may includeof the utilities consumed in the Leased Premises, at Tenant’s election, Tenant shall pay to Landlord the charges incurred for such meters and the installation of an internal transfer switch for the generator thereof in the room adjacent Leased Premises. If any such utilities are not separately measured, Tenant shall pay 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 Landlord, within thirty (30) days after Tenant's receipt of the Sublease. ApprovalLandlord's written demand therefor, installation and removal shall be at Tenant’s sole cost and expense's allocable share of such utilities as reasonably determined by Landlord.

Utilities. A. We ll pay for the following utilities: You ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon execution of this Lease, shall contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the Premises whether occupied or vacant. Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord agrees for utility service ▇▇▇▇▇▇▇▇ incurred by Tenant by received by Landlord after ▇▇▇▇▇▇ takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for any liability due to cause disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable for any failure, interruption or stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the necessary mainsTenant’s tenancy if any utility service, conduits and other facilities to be provided to make heatingcontracted for by Tenant, ventilation, air-conditioning, such as water, sewer, gasgas and/or electric services, phone and electricity available are discontinued due to some act or omission by the Demised Premises and to make available to Tenant. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during further agrees that when the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000outside temperature falls below 40 degrees Fahrenheit, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving maintain a temperature within the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities not below 55 degrees Fahrenheit in order to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due avoid damage to Tenant’s 24/7 use of the Premises. If ▇▇▇▇▇▇ further agrees and acknowledges that the responsibility for repair or remediation is that Premises came with light bulbs and fuses at the commencement of the utility company or other entity, Landlord Lease term and 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 shall not be responsible for all of its janitorial and cleaning services for the Demised Premises to provide such items to Tenant at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbageany time thereafter. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord (a) Tenant covenants and agrees to cause that its use of electric current shall not exceed the necessary mainscapacity of the systems, conduits wiring and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity electrical equipment which Landlord makes available to the Demised Premises and its total connected load will not exceed the maximum load from time to make time available to the Premises. Tenant heatingshall not overload the electrical wiring or electrical panels within or serving the Premises and will install at its own expense, ventilationbut only after obtaining Landlord's prior written approval, air-conditioningany additional electrical wiring or panels which may be required in connection with Tenant's apparatus. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, water, sewer, gas, phone and electrical services during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Tenant, at Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its lease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and each submeter promptly at the end of each monthly electricity billing period and promptly furnish Landlord with the breakdown (the "Electric Breakdown") of electrical consumption between Tenant and EWI based on such readings. Tenant shall make arrangements with EWI to coordinate the reading of any such main electric meter and any such electric submeter. If, for any reason, Tenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, Tenant shall promptly notify Landlord. Tenant shall pay its share of the electrical charge to Landlord each month upon the later to occur of (i) five (5) days after receipt of a statement for such electric charges or (ii) five (5) days before each related electric b▇▇▇ is due and payable. The cost of installation, maintenance and repair of any sub-meter which Tenant elects to install shall be responsible borne by Tenant. Gas and water are also currently furnished to the Building through one gas meter and one water meter. Tenant may, if it so elects, install separate submeters for the payment measurement of all utilities used gas and/or water consumption by Tenant at the Demised Premises Tenant's sole expense. The Tenant shall pay when due all charges for utility services provided directly to the applicable public Premises including, without limitation, electricity, gas, water, sewer and the cost of providing heating, ventilating and air-conditioning to the Premises. (b) Tenant, in cooperation with EWI, shall read each of the utility providermeters or submeters promptly at the end of each monthly electricity, except if the monthly cost for electricity sewer, water and gas exceeds $5,000billing period and shall promptly furnish Landlord with the results of each such reading. Tenant shall pay its share of all such electric, gas, sewer and water utility charges to Landlord each month at least five days before each related utility b▇▇▇ is due and payable. If electricity, water or gas consumed by the Premises is not metered or submetered separately from electricity, water or gas, as the case may be, consumed by the remainder of the Buildings, Tenant shall pay to Landlord, within five (5) days of being billed therefor by Landlord (but, in any event, not sooner than five (5) days before such sums are, in fact, payable to the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hoursapplicable utility company), 7-days per week control Tenant's share of the HVAC system serving aforesaid utilities determined as hereinafter set forth. Where there is no such separate meter or submeter installed to measure Tenant's consumption of electricity, sewer, water or gas, Landlord may, from time to time, determine Tenant's share of all such electric, gas, sewer and water charges based on estimates of relative consumption levels based on actual use (or estimated use if actual usage information is not available) prepared by an independent consulting or engineering firm experienced in making such estimates and, in such case, such estimates of the cost of providing electricity, gas, sewer and water to the Premises shall be binding on Landlord and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure Tenant. Until an estimate of usage is obtained from a consulting or interruption of utilities to the Demised Premises, unless caused engineering firm as contemplated by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisesthis Section 4.9(b), Landlord shall promptly repair or remediate may estimate Tenant's share of all electric, sewer, water and gas expenses and require that Tenant pay such estimated amounts monthly in arrears on the cause last day of each calendar month during the utility failure or interruption using all means within Landlord’s commercially reasonable control, Term. Landlord hereby acknowledging that such 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator adjust monthly estimated payments on account of such utilities from time to time. If water is consumed in the Property Premises for its exclusive use subject purposes other than ordinary drinking and lavatory purposes or in excessive quantities or if Tenant's heating or cooling requirements are materially greater than the requirements of other tenants, then Tenant shall pay to Landlord, on demand from time to time, charges for such additional water, heating or cooling as Landlord may require. (ac) Landlord shall not be liable for any interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and Landlord reserves the right to stop any service or utility to the Premises, when in Landlord’s approval 's reasonable judgment it is deemed necessary by reason of accident, emergency or repair or otherwise; and no such interruption or stoppage shall be deemed to be an eviction of Tenant or relieve Tenant from any obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by reason of the plans therefor foregoing, Landlord will use all reasonable efforts to restore the affected service or services as promptly as possible and location thereof to minimize, to the extent reasonably possible under the circumstances, any interference, disruption, suspension or interruption of Tenant's use and enjoyment of the Leased Premises by reason thereof. (bd) Tenant obtainingAll sums payable under this Section 4.9 shall constitute additional rent. In the event of nonpayment of any sums due under this Section 4.9, at its sole cost Landlord shall have all the same rights and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator remedies available as 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 case of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensenonpayment of Annual Rent.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install choose and shall be responsible for contracting directly with all suppliers of utility services. In the event that any charge or fee is required by the state in which the Premises is located or by any agency, subdivision or instrumentality thereof, or by any utility company or other entity furnishing services or utilities to the Premises, as a generator on condition precedent to furnishing or continuing to furnish utilities or services to the Property for its exclusive use subject Premises, such charge or fee shall be deemed to (a) Landlord’s approval be a utility charge payable by Tenant. The provisions of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may this Article 5 shall include, at Tenant’s but shall not be limited to, any charges or fees for present or future water or sewer capacity to serve the Premises, any charges for the underground installation of gas or other utilities or services, and other charges relating to the extension of or change in the facilities necessary to provide the Premises with adequate utility services. Tenant may elect to cause the separate metering of utilities to various portions of any Building. If Tenant makes such an election, the installation costs of 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 the Sublease. Approval, installation and removal such separate metering shall be at the sole and exclusive cost of Tenant. In the event Tenant fails to pay any such charge or fee contemplated by this Section 5.02, Landlord shall have the right, but not the obligation, to pay such charges or fees on Tenant’s sole cost behalf and expenseTenant shall reimburse Landlord for such utility charge upon Landlord’s demand therefor with interest accruing at the Default Interest rate provided in Section 31.07. The inability of Tenant to obtain, or any stoppage of, the utility services referred to in this Article 5 resulting from any cause (other than Landlord’s gross negligence or willful wrongful acts) shall not make Landlord liable in any respect for damages of any kind to any Person, property or business, or entitle Tenant to any abatement of Rent or other relief from any of Tenant’s obligations under this Lease.

Utilities. A. Landlord agrees 6.1 Sublessee will contract separately and independently with providers to cause the necessary mainssupply all electrical, conduits beating, fuel oil, and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available alarm services to the Demised Premises and Premises. All costs associated with such services, including, but not limited to make available fees or expenses related to Tenant heatingre-routing utility conduits (including, ventilationwithout limitation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at fuel oil) in order that the Demised Premises directly to the applicable public utility provider, except if the monthly cost is suitable for electricity Sublessee’s operation and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control separation of the HVAC system serving foregoing utilities set-up costs. activation fees, maintenance, usage, and other charges, will be the Premises responsibility of Sublessee. Sublessee will work with Base Lessor as necessary to effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and may use the security system serving the Building. B. In no event shall Landlord be liable Sublessee will bear all costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for the quality, quantity, failure or interruption of foregoing purposes. For all other utilities provided to the Demised Premises, unless caused by the gross negligence or willful misconduct including, but not limited to hot and cold water services and other utilities which are not reasonably capable of Landlord or its agentssubmetering, employees or contractors. D. In the event of a failure or interruption of utilities within the PremisesSublessor will ▇▇▇▇ Sublessee, Landlord shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlordbased on Sublessee’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 proportionate use of the PremisesProperty, twenty eight and one half percent (28.5%) of Sublessor’s total costs of such utilities for the Property (the “Utilities Invoice”). The Utilities Invoice will also include one hundred percent (100%) of Sublessor’s costs related to the Extra Power (as defined below). Amounts owed to Sublessor for the Utilities Invoice will be paid within thirty (30) days of Sublessee’s receipt of Sublessor’s statement therefor. If such amounts are not received by Sublessor on or before the responsibility for repair or remediation date in which said payment is that due, a service charge of five percent (5%) thereof will be paid by Sublessee in addition to 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 interruptionpayment due. E. Tenant shall 6.2 Sublessor agrees to provide Sublessee with access to an additional four hundred (400) Kilowatts of electricity output that is available on the Property (the “Extra Power”); provided, Sublessee will be responsible for all costs related to Sublessee’s use of its janitorial the Extra Power including, without limitation, (i) the initial assessment to determine the extent of the Extra Power available, (ii) Sublessor’s installation of a submetering device and cleaning services other modifications necessary to provide for separate metering, (iii) expenses incurred by Sublessor to break applicable usage contracts in order to provide the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expenseExtra Power, and Landlord shall provide Tenant with a location(iv) all other applicable costs including, at no cost without limitation, set-up costs, activation fees, maintenance, and usage charges. The work and services performed under this Section 6.2 may be done or overseen by an employee of Sublessor and billed back to TenantSublessee. Other than the initial assessment referenced in subsection (i) of this Section 6.2, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expensewhich has already been conducted, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent work to be performed related to the BuildingExtra Power will not commence without Sublessee’s electrical closet. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseapproval.

Utilities. A. Landlord Licensor covenants and agrees to cause maintain public utilities to furnish any electricity and water utilized in operating any and all of the necessary mainsfacilities serving the Premises. Licensor and Licensee shall undertake to determine if separate metering of utilities at the Premises is commercially feasible and, conduits if mutually agreed that one or more utilities can be separately metered, Licensee shall bear the cost to provide for separate metering and other facilities to be provided to make heating, ventilation, air-conditioning, pay for all water, sewer, gas, phone heat, light, power, telephone and electricity available other such utilities separately metered to the Demised Premises Premises. If any utilities and services are not supplied and separately metered to make available the Premises, Licensee shall pay Licensee’s Proportionate Share (as defined pursuant to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment Article 5(b)) of all utilities used by Tenant at and services serving the Demised Premises directly Property in common with other occupants of the Property. No interruption or failure of utilities shall result in the termination of this Agreement or the abatement of rent, except as expressly provided below. Notwithstanding anything contained herein to the applicable public utility providercontrary, except if in the monthly cost for electricity event that such interruption or cessation of utilities is the result of Licensor’s negligent or willful act or omission and gas exceeds $5,000such interruption or cessation of utilities continues beyond three (3) business days from the date of such interruption or cessation, Tenant shall pay then, provided Licensee has delivered Licensor with prompt notice of such interruption, the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hoursAnnual Base Fee under this Agreement will ▇▇▇▇▇, 7-days per week control commencing on the fourth (4th) day of such interruption or cessation, and continuing until the HVAC system serving date on which the utilities are restored and the Premises and may use are again tenantable. No abatement of rentals as hereinabove described will apply to the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or extent such interruption of utilities is the result of Licensee’s alterations to the Demised PremisesPremises or Capital Improvements, unless caused by the gross negligence or willful misconduct any negligent act or omission of Landlord or Licensee, its agents, employees or contractors. D. , or any cause other than the negligent or willful act or omission of Licensor or its employees, agents or contractors. In the event that Licensor has advance knowledge of, or otherwise plans an interruption or cessation of a failure utilities, Licensor shall give Licensee at least 14-day advanced notice or interruption of utilities within such other greater advanced notice as is reasonable under 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 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 interruptioncircumstance. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord a. LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or ascribed to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of ▇▇▇▇▇▇’s invoice. ▇▇▇▇▇▇ agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the LESSOR or the utility owner. b. The LESSEE agrees to cause indemnify and hold LESSOR harmless, in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its suppliers, and LESSOR further reserves the necessary mainsright to temporarily terminate the supply, conduits 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 other facilities safety. c. If LESSEE requires utilities beyond what is currently available, ▇▇▇▇▇▇ agrees to be provided pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to make heatingits use of the Premises, ventilationand to comply with all provisions for maintaining such utilities. d. The LESSOR reserves for itself, air-conditioningand its utility providers, waterthe right to upgrade, sewerextend, gasinstall, phone maintain and electricity available repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of LESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Demised Premises greatest extent possible, any unreasonable interference or interruption to LESSEE’S operations. e. LESSEE shall design and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of install all utilities used by Tenant at the Demised Premises directly LESSEE subject to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s express approval of the plans therefor LESSOR prior to installation. All utilities, including but not limited to, electrical, gas, data and location thereof communications utilities installed or caused to be installed shall be underground, and (b) Tenant obtaining, at its sole cost and expenseno utility services or other cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, all applicable governmental authorities thereforconduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and shall become the owned property of LESSOR. Such installation may includeAll utility facilities installations shall meet the requirements of Section 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. f. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, at Tenant’s electionconnected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any drainage system that would create interference with the flow therein, the installation or that would cause a hazard or unlawful contamination thereto. A copy of an internal transfer switch for the generator in the room adjacent LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the Building’s electrical closet. Landlord may elect to require Tenant remove LESSOR upon the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseLESSOR’S request.

Utilities. A. Landlord agrees Tenant shall pay, prior to cause delinquency and throughout the necessary mainsLease Term, conduits and other facilities to be provided to make all charges for water, gas, heating, ventilation, air-air conditioning, watercooling, sewer, gastelephone, phone electricity, garbage, janitorial service, landscaping and electricity available all other services and utilities supplied to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to including Tenant’s 24/7 use Share of any such services or utilities which are not separately metered for or billed to 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisesmay, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall be included in Operating Expenses and paid directly by Tenant to such utility companies or third party providers prior to delinquency. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to any paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Office Share of Operating Expenses. All other charges for utilities and services shall be included in Operating Expenses recoverable by Landlord in accordance with Article IV. The disruption, failure, lack or shortage of any service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, within thirty (30) days after receipt of written notice from Tenant specifying such failure, Landlord shall provide Tenant with a location, at no cost initiate the cure of such failure and thereafter shall diligently prosecute said cure to Tenant, for the placement of a receptacle for Tenant’s refuse and garbagecompletion. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, Tenant shall pay for all water, sewer, gas, phone heat, light, power, telephone, trash and electricity other utilities and services supplied to the Premises, together with any taxes. If any of those services are not separately metered to Tenant, Tenant will pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other portions of the Premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following Tenant’s receipt of written notice thereof from Landlord, Tenant shall be in default and Landlord may exercise all remedies available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term Landlord as provided in Article 12 of this Lease. Landlord agrees to pay for all other standard utilities necessary to operate the Premises, as determined by Landlord in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall be responsible for have no liability, whatsoever, in the payment event of all any interruption, failure or curtailment of any utilities used nor shall such interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000Landlord, Tenant shall pay make no change in the excess amount directly conduct of business in the Premises from the manner of the conduct of business in the Premises as of the Effective Date of this Lease, or install additional equipment not located on the Premises as of the Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as determined by Landlord in Landlord’s sole and absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the Premises as Tenant desires; provided, however, Landlord as additional rent hereundershall not be liable to Tenant in the event of any failure of or damage to such power devices or for any damage or consequences resulting from or in any way related to the use of such power devices in the Premises. Tenant shall have 24-hoursassume all costs associated with installing and using such UPS power devices, 7-days per week control including, but not limited to, the costs of the HVAC system any increase in costs to utilities serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage resulting from the Premises, at Tenant’s expense, use and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement operation of a receptacle for Tenant’s refuse and garbagesuch devices. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause Lessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall have Gas (if available) and Electricity service put in Lessees’ name on or before the necessary mains, conduits Lease commencement date and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, Lessees shall maintain gas, phone and electricity available throughout the entire lease term. If Lessees fail to establish utility service in their name and a utility bill is received by Lessor for providing such services during any part of the lease term, in addition to payment of the amount owing on the utility bill, a fee of $35 per utility bill received, shall be paid to ▇▇▇▇ ▇▇▇▇▇▇▇ Rentals by Lessees to compensate for administrative expenses. Current utility providers are as follows: Southern California Edison “SCE” (Electricity), So Cal Gas (Gas). b. If the Premises are separately metered for water service (i.e. a water meter that meters water only to the Demised Premises leased hereunder), then the Lessees are responsible for contracting with the appropriate agency to secure water and sewer service and shall pay for such service. If Lessees fails to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone establish utility service in their name and electrical a utility bill is received by Lessor for providing such services during any part of the Term lease term, in addition to payment of the amount owing on the utility bill, a fee of c. The utility meters for this Lease. Landlord shall be responsible Premises may include utility usage for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control laundry room or other portions of the HVAC system serving building in which the Premises are located. This Lease is the written agreement between Lessees and Lessor, and Lessees understand that their utility meter may use the security system serving the Building. B. In no event shall Landlord be liable used for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause outside of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use interior of the Premises. If the This will not change, alter, or amend responsibility for repair payment of utilities and rent as set forth in this Lease. Lessees have been advised per this paragraph, prior to signing this Lease, of this condition as required by California Civil Code 1940.9 and have no objection thereto. d. If Lessees desire Internet and or remediation cable service, it is that Lessee’s responsibility to contract for such service and pay for those services. Lessees are responsible for the cost of any installation or equipment necessary for such services. Satellite TV dishes are NOT to be attached to any exterior surface of the utility company Premises or other entity, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate upon the cause of the utility failure or interruptionProperty. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord Throughout the term of this Lease Tenant agrees to cause the necessary mains, conduits pay for all water natural gas electricity and other facilities utility services furnished to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available or consumed by Tenant in the Premises or due with respect to the Demised Premises and Property prior to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term Commencement Date. Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless Unless caused by the gross negligence or willful intentional misconduct of Landlord or its agents, employees Landlord's agents or contractors. D. In the event of a failure or interruption of utilities within the Premisesemployees, Landlord shall promptly repair not be liable to Tenant or any other person or entity for any loss, damage or expense which may be sustained if the quality or character of electric service other utility service furnished to the Premises is changed, or such service is no longer available or suitable for Tenant's requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of God the making of necessary repairs or Improvements or by any causes beyond Landlord's control. Notwithstanding anything to the contrary set forth in this Section 12, Landlord hereby agrees that if there is an interruption or discontinuance of gas, water, sewer or electric utilities to the Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as described in, Section 14 hereof) and continues for a period of two (2) or more consecutive business days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), Tenant's minimum annual rent shall abate comm▇▇▇▇▇g at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be fully cured or reasonably remediated within such 2-day period). In any case if the utility failure Unauthorized Interruption is the result of any misconduct or interruption using all means within Landlord’s commercially reasonable controlnegligent acts on the part of Tenant its agents or employees, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed or due to Tenant’s 24/7 's failure to comply with the provisions hereof. Tenant's rent shall not abate exce▇▇ ▇▇ the extent of Landlord's recovery with regard to the Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises. If the responsibility Premises 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 shall be responsible for all of conducting its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s electionbusiness, the installation of an internal transfer switch for the generator in the room adjacent rent shall abate only ▇▇ ▇roportion to the Building’s electrical closet. Landlord may elect to require Tenant remove the generator part rendered untenantable and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensenot so used.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available LESSOR shall provide to the Demised Leased Premises the building standard facilities for heat and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible air conditioning for the payment of all utilities used by Tenant at the Demised Premises directly Leased Premises, and also to the applicable public utility provider, except if the monthly cost for electricity common areas and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 facilities which LESSEE enjoys the right to install a generator on use, as required for comfortable occupancy, during 8 AM to 6 PM each business day (herein “Normal Business Hours”). LESSOR shall provide electricity to the Property for its exclusive use subject Leased Premises (to (a) Landlord’s approval of be distributed throughout the plans therefor and location thereof and (b) Tenant obtainingLeased Premises however, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at TenantLESSEE’s sole cost and expense). Notwithstanding the foregoing, LESSEE shall pay all charges for electricity used on the Leased Premises. LESSEE shall pay all actual charges, without ▇▇▇▇-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric ▇▇▇▇ for the Building if not separately metered or if only partially separately metered to the Leased Premises (whichever or both as may be applicable), at the reasonable determination of the LESSOR. LESSOR shall determine any such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall issue LESSEE a refund or deficiency statement for that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of its receipt of said invoice. In the event of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the relevant electric bills, and information regarding which spaces in the Building are not separately metered to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall make available overtime heat and air-conditioning and LESSEE shall pay as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to increase by the same percentage amount by which the standard electric rates are increased), as billed by LESSOR. LESSEE shall give LESSOR twenty four (24) hours prior notice of any requirements for specialized overtime heating and air-conditioning. LESSOR shall not be liable to LESSEE for any interruption, interference, damage or loss to LESSEE’s research or experimentation occasioned as a result of any failure in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a municipal permit or which may interfere with any other tenant in the Building shall be done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the Leased Premises on a 24-hour basis, (b) base Building fire and life-safety systems; and (c) janitorial and cleaning service to common lavatories and common areas.

Utilities. A. 3.5.1 Landlord agrees shall have the right from time to cause time to select the necessary mainscompany or companies providing electricity, conduits gas, fuel, one or more categories of Telecommunication Services and any other facilities utility services to be the Building (provided that Tenant may select an additional provider of Telecommunications Services in the Building, subject to make heatingLandlord’s reasonable approval of same). Tenant shall contract directly and pay for all water, ventilationgas, air-conditioningheat, waterlight, power, Telecommunication Services, sewer, gassprinkler charges and other utilities used on or from the Premises together with any taxes, phone and electricity available penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the Demised Premises or is not otherwise separately accounted for and billed to make available Tenant, the cost therefor shall be an Operating Cost under this Lease. 3.5.2 Tenant acknowledges that space on the Building rooftop and in the Building risers, equipment rooms and equipment closets is limited. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent, which consent shall not be unreasonably withheld, delayed or conditioned, and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant heatingfor such purposes and setting forth the scope, ventilationthe additional rent, air-conditioningif any, waterroyalties and the other terms and conditions of that license, sewerand (c) Tenant negotiating and obtaining the right, gasif any is required, phone to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. The agreement referred to in clause (b) of the previous sentence shall be incorporated in and electrical services during the Term become part of this Lease. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may require, (2) be subject to such procedures, regulations and controls as the Landlord may specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the payment failure of, diminution of all utilities used by Tenant at the Demised Premises directly or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord, its agents or contractors or by a failure in facilities, equipment or systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such interruption, deprivation or reduction in utility or building services to the Premises (due to Landlord’s having caused same by its agentsnegligence or willful misconduct), employees Landlord’s sole responsibility and Tenant’s sole remedy shall be limited to an equitable adjustment of Base Rent in proportion to the ratio that the rentable square footage of the Material Portion (hereinafter defined) of the Premises which Tenant does not occupy bears to the entire rentable square footage of the Premises for the period of interruption, depreciation or contractors. D. In reduction, retroactive to the event day on which Tenant delivers written notice to Landlord (a) describing such interruption, deprivation or reduction, and (b) stating that Tenant is being deprived of the reasonable use of, and has ceased to use or occupy, a Material Portion of the Premises (which portion of the Premises shall be specified by Tenant in such notice), and ending on the date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer causing Tenant to be deprived of the use 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 prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use Material Portion of the Premises. If As used herein, the responsibility for repair term “Material Portion” means twenty percent (20%) or remediation is that more of the utility company rentable area of the Premises. Except in the case of an emergency or other entitywith respect to an interruption which is not within Landlord’s control or about which Landlord had no prior knowledge, Landlord shall promptly take reasonable measures will give Tenant at least five (5) Business Days’ prior notice if Landlord intends to cause such utility company or other entity the interruption of any services required to repair or remediate be furnished by the cause of the utility failure or interruptionLandlord. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, Tenant shall pay all charges for water, sewer, gas, phone electricity and electricity available to other utilities or like services used or consumed on the Demised Premises (each, a “Utility Service” and to make available to Tenant heatingcollectively the “Utility Services”), ventilationand used or consumed by all mechanical equipment serving the Premises, air-conditioningwherever located, waterwhether called use charge, sewertax, gasassessment, phone fee or otherwise as the same become due. It is understood and electrical services during the Term of this Lease. agreed that Landlord shall be responsible for bringing each Utility Service described in the payment of all utilities used by Tenant Base Building Work to a common switching point(s) at the Demised 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 respect to all other Utility Services being installed as Base Building Work, a direct, sub- or “check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable public utility service provider, except if the monthly cost for electricity and gas exceeds $5,000, . Tenant shall pay the excess amount 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 as additional rent hereunderat the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or 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 utility providers following the conclusion of each fiscal year of the Building. Tenant shall have 24-hours, 7-days per week control pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the HVAC system serving the Premises Finish Work and may use the security system serving the Building. B. In no event Landlord shall Landlord not be liable for any interruption or failure in the qualitysupply of any utilities or Utility Services, quantity, failure or interruption of utilities except to the Demised Premises, unless caused extent expressly set forth below. To the extent permitted by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premiseslaw, Landlord shall promptly repair have the right at any time and from time to time during the Term to contract for or remediate the cause purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the utility failure proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or interruption using all means within Landlord’s commercially reasonable controldelayed, Landlord hereby acknowledging and provided that such 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 alternate Utility Service Provider shall be responsible for all of its janitorial retained on market terms and cleaning services for the Demised Premises at Tenant’s expenseconditions. In requesting Tenant shall provide consent to a service for the collection of refuse and garbage from the Premisesproposed Utility Service Provider, at Tenant’s expense, and Landlord shall provide Tenant with reasonable documentation 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 City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the 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 and associated with the delivery of Utility Services. In the event that there shall be an interruption, curtailment or suspension of any Utility Service (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant’s use and enjoyment of all or a locationportion of the Premises (a “Service Interruption”), at no cost and if (i) such Service Interruption shall continue for five consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (ii) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (provided, however, that causes beyond Landlord’s reasonable control may be deemed to result in a Material Service Interruption if and to the extent that such cause actually results in coverage under Landlord’s rental interruption insurance) or by an act or omission in violation of this Lease by Tenant or by any negligence of any of Tenant’s agents, employees, contractors, invitees, successors or others using the Premises with Tenant’s expressed or implied permission (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the placement period that shall begin on the commencement of such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. A Material Service Interruption lasting more than ninety (90) days shall constitute damage or destruction of Premises and shall be governed by Section 12.01 of this Lease. Notwithstanding the foregoing, if Landlord disputes whether, or the extent to which, an event is a receptacle for Material Services Interruption or the amount of Tenant’s refuse abatement of Base Rent and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s electionPro Rata Share of Total Operating Costs, the installation such dispute shall be resolved in accordance with Article 14 of an internal transfer switch for the generator in the room adjacent Exhibit 10.03 to this Lease prior to the Buildingexercise of any of Tenant’s electrical closetremedies under this Section 6.01. Landlord may elect The remedies provided in this Section 6.01 shall not apply to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approvalcasualty or condemnation, installation and removal which shall be at Tenant’s sole cost and expensecovered elsewhere in this Lease.

Utilities. A. Landlord agrees shall provide mains and conduits to cause supply water, gas, electricity and sanitary sewage to the necessary mainsProperty. Tenant shall pay, conduits and other facilities when due, directly to be provided to make heatingthe appropriate provider, ventilationall charges for sewer usage or rental, air-conditioninggarbage disposal, refuse removal, water, sewerelectricity, gas, phone fuel oil, L.P. gas, telephone and/or other utility services or energy source separately metered and electricity available furnished to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). Landlord shall be responsible for the payment of all If any services or utilities used by Tenant at the Demised Premises directly furnished to the applicable public utility providerPremises are jointly metered with other premises, except if the monthly cost for electricity Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and gas exceeds $5,000Tenant, Tenant within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay the excess amount directly such share to Landlord as additional rent hereunderAdditional Rent. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving For any utility service furnished to the Premises not separately metered, such as water and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisessewer, Landlord shall promptly repair or remediate have the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable controlright, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due at its sole election and at any time, to install at Tenant’s 24/7 expense a submeter to measure the Premises’ use of such utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time as Additional Rent for the cost of such utility service used by the Premises. If the responsibility for repair or remediation is that Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or other entity, service company furnishing any of the foregoing utilities or services. The charges thereof shall be deemed Additional Rent in accordance with Article 3. Landlord shall promptly take reasonable measures not be liable for, and Tenant shall not be entitled to cause any abatement or reduction of Base Rent or Additional Rent by reason of Landlord’s failure to furnish any of the foregoing utilities, when such utility company failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or other entity to repair labor disturbances or remediate the cause labor disputes of the utility failure any character, or interruptionfor any other causes. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees Tenant shall be responsible for coordinating and paying for its utilities directly with and to cause the necessary mainsutility providers. Where possible, conduits utilities shall be separately metered and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available Tenant shall pay such charges directly to the Demised Premises respective utility company or agency. B. CITY has provided some utility infrastructure on the Airport property and Tenant has familiarized itself with such infrastructure and determined what else Tenant must install to make available to meet Tenant’s needs. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment construction and expense of all utilities used by Tenant at the Demised Premises directly utility improvements and connections on and to the applicable public utility provider, Premises except if those that already exist on the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereundereffective date. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event that installation of a failure or interruption of utilities within fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the Premisescontemplated Tenant Improvements, 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 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 shall be responsible for the installation of the fire hydrant and related infrastructure in compliance with all applicable codes. C. Tenant waives any and all claims against CITY for compensation for any and all loss or damage sustained by reason of its janitorial any defect, deficiency, or impairment of any utility system unless such loss or damage was caused by the willful act or gross negligence of CITY. D. CITY reserves the right for itself and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from others to existing utility easements over, under or across the Premises, at and to grant necessary utility easements, provided that in the exercise of such rights causes no interference with Tenant’s expense's use of the Premises except reasonable temporary interference occasioned by installation of facilities associated with such easements, and Landlord CITY shall provide Tenant with repair any damage to the Premises and improvements thereon caused by CITY as a location, at no cost to Tenant, for result of the placement exercise of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have such reserved rights. CITY also reserves the right to install a generator utilize any existing surface and underground pipes, pumps, utility lines or hydrant systems on the Property for its exclusive use subject Premises as are necessary to (a) Landlord’s approval supply utility service to other portions of the plans therefor Airport or to lessees thereon. When exercising its reserved rights under this paragraph, except in the event of an emergency, CITY shall provide to Tenant reasonable notice of proposed changes and location thereof copies of any written plans, shall reasonably coordinate with Tenant, and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at shall use best efforts to be the least intrusive to Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseoperations as commercially practicable.

Utilities. A. Landlord agrees to cause 5.01. The Parties acknowledge that as of the necessary mainsCommencement Date utilities serving the Premises, conduits and other facilities to be provided to make heatingbeing electricity, ventilationsteam, air-conditioning, supply water, sewer, gas, phone and electricity available sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the Demised service providers. In the event any such Utilities are not separately metered, the Parties agree that the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible separately metered for the payment of Utilities as soon as reasonably practicable following the Commencement Date. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The Parties shall cooperate with each other in all utilities used by reasonable respects in connection therewith. Thereafter Tenant at shall pay all charges for Utilities serving the Demised Premises directly to the applicable public Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, such Utilities to the Premises shall continue to be interconnected to Landlord’s utility providerinfrastructure, except if and shall be provided to Tenant and paid for in the monthly cost for electricity same manner and gas exceeds $5,000subject to the same conditions as all other Utilities are provided to Tenant. Until such Utilities are separately metered, Tenant shall pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing only water and petroleum products may be discharged therein, (ii) only wastewaters generated from Tenant’s operations on the excess amount directly to Landlord as additional rent hereunder. Premises may be discharged therein, (iii) Tenant shall have 24-hourscomply with all applicable laws, 7-days per week control rules and regulations regarding the use thereof and the discharge of substances therein, and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the HVAC system serving typical daily discharge therein resulting from Landlord’s operation of the Property prior to the Commencement Date. Landlord shall have no obligation to provide telephone service to the Premises and may use the security system serving the Building. B. In or any other utility service of any kind except as set forth in this Section. Landlord shall in no event shall Landlord be liable or responsible for the quality, quantity, failure any cessation or interruption of utilities in, or damage caused by, any utility services provided to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, whether by Landlord shall promptly repair or remediate otherwise, unless the cause of the utility failure cessation or interruption using all means within results from Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility for repair intentional misconduct 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 interruptiongross negligence. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, Tenant shall pay for all separately metered water, sewer, gas, phone heat, light, electric, telephone, telecommunication, sewer and electricity available to sprinkler charges and for other utilities and services used on or from the Demised Premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities, and shall furnish all electric light bulbs and tubes. If any utilities serving the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000are not separately metered, Tenant shall pay the excess amount directly to Landlord its proportionate share of the cost thereof as additional rent hereunderreasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services on the Premises. Tenant shall have 24-hoursno right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Tenant acknowledges that Landlord and/or Tenant may from time to time be requested or required to obtain, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities report and/or disclose certain energy consumption information with regard to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, which may include, without limitation, benchmarking data for the U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager and information relating to compliance with “green building” initiatives, including, if applicable, the Leadership in Energy & Environmental Design (LEED) certification program. Tenant shall throughout the Term comply with all Federal, State or local laws, rules and regulations relating to consumption of utilities, energy or energy efficiency (as they may be in enacted or in effect from time to time, “Energy Regulations”), and Tenant shall, upon request by Landlord shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable controllender, deliver and/or disclose such information regarding the consumption of utilities at the Premises as may be required to comply with applicable Energy Regulations. Further, ▇▇▇▇▇▇ authorizes Landlord hereby acknowledging to disclose such information and data regarding the Premises as may be requested or required from time to time to comply with Energy Regulations. Notwithstanding anything to the contrary contained in this Lease, ▇▇▇▇▇▇ agrees that such prompt repairs shall include after-hours repairs as needed due Landlord, at its election, may contact any utility company providing utility services to Tenant’s 24/7 use the Premises in order to obtain data on the energy being consumed by the occupant of the Premises. If Furthermore, Tenant agrees to provide Landlord with ▇▇▇▇▇▇’s energy consumption data within thirty (30) days after ▇▇▇▇▇▇▇▇’s request for the responsibility for repair or remediation is same. Tenant acknowledges that pursuant to applicable laws, Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the utility company or other entityBuilding (the “Tenant Energy Use Disclosure”). Tenant hereby (i) consents to all such Tenant Energy Use Disclosures, and (ii) acknowledges that Landlord shall promptly not be required to notify Tenant of any Tenant Energy Use Disclosure. ▇▇▇▇▇▇ agrees to take reasonable measures such further actions as are necessary in order to cause further the purpose of this paragraph, including, without limitation, providing to Landlord the names and contact information for all utility providers serving the Premises, copies of utility bills, written authorization from Tenant to any such utility company or other entity to repair or remediate the cause of the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expenserelease information to Landlord, and any other relevant information reasonably requested by Landlord or the applicable utility company. The terms of this Paragraph 10 shall provide Tenant with a location, at no cost to Tenant, for survive the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 expiration or earlier termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensethis Lease.

Utilities. A. Landlord agrees to cause Section 11.1. As Additional Rent and in accordance with Article 2 of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the necessary mainscost of all utility charges such as water, conduits gas, electricity, telephone, telex and other facilities electronic communications service, sewer service, waste-pick-up and any other utilities, materials or services furnished directly to the building(s) in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Section 11.2. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord; provided, however, that in the event the Premises should be unsuitable for Tenant’s use for a period exceeding five (5) consecutive business days as a consequence of cessation of utilities required to be provided to make heatingthe Premises by Landlord as a result of Landlord’s negligent act or omission, ventilation, air-conditioning, water, sewer, gas, phone then Tenant shall be entitled to an abatement of Basic Rent and electricity available Additional Rent (except utilities which shall continue to be payable by Tenant in accordance with the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term terms of this Lease) thereafter to the extent of the interference with Tenant’s use of the Premises occasioned thereby if. Section 11.3. Landlord shall furnish to the Premises between the hours of 8:00 a.m. and 6:00 p.m. (“Building Hours”), Mondays through Fridays (holidays excepted), and subject to the rules and regulations of the Complex hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the normal use of the Premises as general office space and heat and air-conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises for such purposes. With respect to the heating and air-conditioning of the 1020 Building, Tenant shall have the right, upon prior written notice to Landlord, to modify the Building Hours only during the demised term or portion thereof that Tenant is the sole occupant of the entire 1020 Building. At Tenant’s election, Landlord shall furnish to the 1020 Space such reasonable quantities of utilities outside of Building Hours; provided, however, to the extent that such additional building utilities are provided to Tenant outside of Building Hours, Tenant shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity costs and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderexpenses pertaining thereto. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable obligated to make any alterations and/or change any building systems to accommodate Tenant’s request for utilities outside of Building Hours. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the qualityproper functioning and protection of the building heating, quantityventilating and air-conditioning systems. Whenever heat generating machines, failure equipment, or interruption of utilities to any other devices (including exhaust fans) are used in the Demised Premises, unless caused Premises by Tenant which affect the temperature otherwise maintained by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisesair-conditioning system, 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on supplementary air-conditioning units in the Property Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, electronic data processing machines or machines using current in excess of 110 Volts, which will in any way increase the amount of electricity, gas, water or air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any apparatus or device for its exclusive use subject the purposes of using electric current, gas, or water. If Tenant shall require water, gas, or electric current in excess of that usually furnished or supplied to (a) premises being used as general office space, Tenant shall first obtain the written consent of Landlord’s approval , which consent shall not be unreasonably withheld, and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas, or water consumed for any such excess use. The cost of any such meter and of the plans therefor installation, maintenance and location thereof and (b) Tenant obtaining, at its sole cost and expenserepair thereof, all applicable governmental authorities therefor. Such installation may includecharges for such excess water, at Tenant’s election, the installation of 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 gas and restore the Property to its original condition electric current consumed (as shown by such meters and at the termination rates then charged by the furnishing public utility), and any actual additional expense incurred by Landlord in keeping account of the Sublease. Approvalelectric current, installation and removal gas, or water so consumed shall be at paid by Tenant’s sole cost , and expenseTenant agrees to pay Landlord therefor promptly upon demand by Landlord.

Utilities. A. Landlord agrees shall provide mains and conduits to cause supply water, gas, electricity and sanitary sewage to the necessary mainsProperty. Tenant shall pay, conduits and other facilities when due, directly to be provided to make heatingthe appropriate provider, ventilationall charges for sewer usage or rental, air-conditioninggarbage disposal, trash or refuse removal, water, sewerelectricity, gas, phone fuel oil, L.P. gas, telephone and/or other utility services or energy source separately metered and electricity available furnished to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this LeaseLease Agreement, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly If additional costs are required to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving separately meter the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall it will be at TenantLandlord’s sole cost and expense. If any services or utilities furnished to the Premises are jointly metered with other premises, Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within ten (10) business days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be deemed Additional Rent in accordance with Article 3. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of Base Rent or Additional Rent by reason of Landlord’s failure to furnish any of the foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or other labor disturbances or labor disputes of any character, or for any other causes not attributable to Landlord.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, 14.1 Tenant shall obtain all water, sewerelectricity, sewerage, gas, phone telephone and electricity available other utilities directly from the public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant's sole cost. Tenant shall pay all utility deposits and fees, and all monthly service charges for water, electricity, sewage, gas, telephone and any other utility services furnished to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term term of this Leaselease. In the event any such utilities are not separately metered on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant's equitable share of the cost of such services, as determined by Landlord. If for any reason the use of any utility is measured on a meter(s) indicating the usage of Tenant and other tenants of the Industrial Complex, Tenant and such other tenants shall allocate the cost of such utility amongst themselves and shall each be responsible for the payment of its allocable share. Landlord shall furnish and install all piping, feeders, risers and other connections necessary to bring utilities used by Tenant at to the perimeter walls of the Demised Premises directly Premises. Anything to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000contrary notwithstanding, Tenant shall pay remain obligated for the excess amount directly payment of Tenant's pro rata share of any heating costs and/or other utilities or services furnished to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the BuildingCommon Areas pursuant to Section 7.4. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. 14.2 Tenant shall have the right to install use the existing heating, air conditioning and ventilation equipment in the Demised Premises, if any. All such equipment shall be maintained, repaired and replaced, as necessary, by Tenant in its sole expense and shall be surrendered by Tenant to Landlord at the end of the term of this lease together with the Demised Premises. Subject to Section 3.2, Landlord makes no representation or warranty as to the condition or capacity of such equipment. Landlord shall have no obligation whatsoever to provide the Demised Premises with any additional heat, air conditioning, ventilation or hot water. 14.3 Landlord shall not be liable for any interruption whatsoever, nor shall Tenant be entitled to an abatement or reduction of rent on account thereof, in utility services not furnished by Landlord, nor for interruptions in utility services furnished by Landlord which are due to fire, accident, strike, acts of God or other causes beyond the control of Landlord or which are necessary or useful in connection with making any alterations, repairs or improvements. Notwithstanding the foregoing, if such interruption or failure in utility services (i) is caused by Landlord or Landlord's authorized agent; (ii) can be repaired at the Industrial Complex; and (iii) continues for more than sixty (60) consecutive days, then Tenant shall be entitled to a generator proportionate abatement of all rental charges due hereunder, effective on the Property for its exclusive use subject to (a) Landlord’s approval sixtieth day of such utility service failure. 14.4 Tenant shall not install any equipment which exceeds or overloads the capacity of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, utility facilities serving the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseDemised Premises.

Utilities. A. Landlord agrees to cause the necessary mainsTenant shall arrange and pay for all fuel, conduits and other facilities to be provided to make heatinggas, ventilationlight, air-conditioningpower, water, sewersewage, gasgarbage disposal, phone telephone, and electricity available to other utility charges, and the Demised expenses of installation, maintenance, use, and service in connection with the foregoing, for the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term before delinquency (or before they can become a lien on the Premises on account of non-payment thereof, if later) but in any event prior to the Expiration Date. Notwithstanding the foregoing, Tenant shall not be in default for failure to pay utility costs until Tenant has received a Minor Default Notice which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease. Landlord Landlord's sole remedies shall be responsible for at Landlord’s option to impose a Delay Fee, and/or to pay the payment of delinquent utility costs (including any interest and penalties), and/or specific performance, and Tenant waives all utilities used by Tenant at the Demised Premises directly to the applicable public utility providerdefenses, except if the monthly cost for electricity and gas exceeds $5,000defense of performance, Tenant shall pay the excess amount directly in any action brought by Landlord to Landlord as additional rent hereunderenforce its rights under this Section. Tenant shall have 24-hourspromptly reimburse Landlord for any payments made and costs incurred under this Section, 7-days per week control plus a $500 (increasing 10% at the beginning of the HVAC system serving 11th full Lease Year and at the Premises beginning of each 10th full Lease Year thereafter) administrative fee, interest at the Default Interest Rate and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities Legal Costs. Notwithstanding anything to the Demised Premisescontrary, unless caused by should any non-payment under this section result in a lien on the gross negligence or willful misconduct of Fee Estate, then Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property remedies provided for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseProhibited Liens.

Utilities. A. Landlord 14.1. Sublessor shall bring or shall cause utility lines to be brought to the boundary of the Subleased Premises at the 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 buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or 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 Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, which approval shah not be unreasonably withheld. If such installation is approved by Sublessor and if Sublessor agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Sublessor 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 such right does not include the right to run any such lines through, under or over any structure on the Subleased Premises and further provided the Sublessor in. exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, 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 so long as such alteration does not result in an interruption of service during such change and so long as such alteration does not result in an increase in the cost of any such utilities. Sublessee agrees to execute and deliver to Sublessor 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. Sublessor shall have the option to supply any of the above enumerated utilities to the Subleased Premises. If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be in excess of the public utility rates or competitive market rates if available for the same service if applicable to other aviation tenants at the Airport. If Sublessor so elects to supply any of such utilities, Sublessee shall execute and deliver to Sublessor, within ten (10) days after request therefor, any documentation reasonably required by Sublessor to effect such change in the method of finishing of such utilities. 14.2. Sublessor shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall install or make application and arrange for the installation of all such meters or other devices and shall also procure; or cause to be procured, without cost to Sublessor, any and all necessary permits, licenses or other adf6rizations requited for the necessary mainslawful and proper installation and maintenance upon the Subleased Premises of wires, conduits pipes, conduits, tubes and other facilities equipment and appliances required to supply any such service upon the Subleased Premises, and Sublessee shall be provided to make heatingsolely responsible for and promptly pay, ventilationas and when the same become due and payable, air-conditioning, all charges for water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewerelectricity, gas, phone telephone arid any other utility used or consumed in the Subleased Premises and electrical services during supplied by Sublessor, any public utility or authority or any other person, firm or corporation. 14.3. All work and construction under this Article shall comply with the Term provisions of Article 15 of this LeaseSublease applicable to construction work. 14.4. Landlord Sublessee (and any sublessee or assignee of Sublessee) shall be solely responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, obtaining at its sole cost and expenseexpense any sewage or stormwater discharge permits as may be required for its operations under this Sublease (or any sublease oz assignment). Sublessee (and any sublessee or assignee of Sublessee) shall be required to comply with any and all land use control regulations promulgated by Sublessor and any and all federal, all applicable governmental authorities thereforstate and local requirements and standards concerning stormwater discharges and discharges to sewage treatment works, including, without limitation, any pre-treatment requirements. 14.5. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator Notwithstanding anything in the room adjacent this Article 14 to the Building’s electrical closetcontrary, Sublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, upgrade and improvement of water and sewer lines on International Drive and Corporate Drive (the "Wastewater/Water Improvements' as more specifically set forth in Exhibit D-1. Landlord may elect to require Tenant remove the generator In connection with said relocation, upgrade and restore the Property to improvement, Sublessee agrees to-pay its original condition at the termination proportional share of the Wastewater/Water Improvements, which proportional share shall be based upon the 13.2800 acres, as set forth in Exhibit D-1 of the Subleased Premises, to include any necessary. roadway resurfacing. Notwithstanding any provision of this Sublease with respect to the calculation of useable acreage of the Subleased Premises, Sublessee's proportional share of the Wastewater/Water Improvements is as set forth in Exhibit D-1. As a condition precedent to the issuance by the City of Portsmouth of a Building Permit and the commencement of construction of the Facility Sublessee shall enter into a written agreement with the City of Portsmouth, with such security as the City of Portsmouth may reasonably requite to insure that said payment obligation is met. Sublessee agrees that any payment obligation with respect to the Wastewater/Water Improvements shall be considered an imposition under Article S of this Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.END OF ARTICLE 14 -----------------

Utilities. A. We ll pay for the following utilities: You ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon execution of this Lease, shall contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the Premises whether occupied or vacant. Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord agrees for utility service ▇▇▇▇▇▇▇▇ incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for any liability due to cause disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable for any failure, interruption or stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the necessary mainsTenant’s tenancy if any utility service, conduits and other facilities to be provided to make heatingcontracted for by Tenant, ventilation, air-conditioning, such as water, sewer, gasgas and/or electric services, phone and electricity available are discontinued due to some act or omission by the Demised Premises and to make available to Tenant. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during further agrees that when the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000outside temperature falls below 40 degrees Fahrenheit, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving maintain a temperature within the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities not below 55 degrees Fahrenheit in order to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due avoid damage to Tenant’s 24/7 use of the Premises. If Tenant further agrees and acknowledges that the responsibility for repair or remediation is that Premises came with light bulbs and fuses at the commencement 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, Lease term and Landlord shall not be responsible to provide such items to Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbageany time thereafter. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. At all times throughout the Lease Term, Landlord agrees to will install and maintain or will cause the necessary mains, conduits and other facilities to be provided installed and maintained systems which provide chilled and hot water to make service Tenant's heating, ventilationventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the aforesaid utilities; however, air-conditioningTenant shall thereafter pay, no later than thirty (30) days after being billed for same, all charges during the term of this Lease for utility services used on the Premises, including, specifically and not limited to the amounts described on Exhibits D and F for the chilled and hot water, provided, that Tenant shall not be obligated to pay for any such services an amount greater than the amount that Tenant would be charged if Tenant had contracted for such services directly with a public or private utility provider other than Landlord. Except as contemplated in Exhibit F hereto, Tenant will not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all governmental and utility company requirements and plans and specifications which must first be approved in writing by Landlord which approval shall not be unreasonably withheld. Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, phone electricity, water, scavenger and electricity all other utility services (the "Utilities") with respect to the Premises. Landlord shall have the right, but not the obligation, to furnish, and in such event Tenant shall purchase from Landlord, any such utility services as Landlord desires. If Landlord elects to supply or contract with any other party to supply any such utility services, Tenant shall purchase and pay for the same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be reasonably competitive with rates which Tenant would be charged by the utility company which would otherwise furnish such service to the Premises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall deliver reasonable advance prior notice of such cessation, to the end that Tenant shall have a reasonable opportunity to connect (or convert as the case may be) to an alternate utility service. Landlord agrees to cooperate with Tenant with such connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Premises to Tenant, the only Landlord provided central utility system shall be the chilled water/hot water service described on Exhibit F hereof provided for purposes of heating, ventilating and air conditioning the Premises. Water, electric, telephone cable, sewer and natural gas shall be available to the Demised Premises (with connections to main lines to be provided by Tenant) and shall be separately metered to make available and controlled by Tenant and shall be billed directly to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Buildingutility. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord agrees to cause shall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, that Landlord’s determination of the necessary mainsTenant’s proportionate share of electric usage in the premises shall be final and determinative. The Tenant acknowledges that the initial charges for normal electric usage shall be calculated at the rate of $1.60 per square foot per annum. In calculating Tenant’s proportionate share of electric usage, conduits Landlord shall take into consideration customary costs and expenses for similar uses, types of equipment and shall consider the hours of operation of Tenant and other facilities Tenant’s in the building as estimated by FPL. Landlord may, at its sole option, elect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises premises. Landlord shall not be liable to Tenant for any interruption in utility services beyond Landlord’s control, provided that Landlord shall take no action to interfere with, interrupt or terminate the availability of such services. Landlord shall obtain and pay for water, sewage and garbage disposal for the entire building, including the Premises. Tenant shall at its sole cost and expense without any right to offset or claim against Landlord, and subject to all applicable building codes and ordinances and Landlord’s prior written approval as to location and schematic design shall be authorized to have Cable TV service from any locally authorized Cable TV Service Provider for the Building, installed to the Building and to make available the Premises. Tenant shall indemnify and hold Landlord harmless from any claims, losses or damage in connection with such installation and in no event shall such installation interfere with any other Tenancies or rights to occupancy of other Tenants in the Building. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical shall be solely responsible for restoring or replacing any damage incurred in connection with the installation of such Cable TV services during to the Term of this Leasepremises. Landlord Tenant shall be responsible for the payment of all utilities used by any installation costs or fees and any fees in connection with monthly service. In the event Tenant at the Demised Premises directly shall be unable to obtain Cable TV service to the applicable public utility providerbuilding, except if pursuant to this P▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ subject to the monthly cost for electricity terms and gas exceeds $5,000, Tenant shall pay the excess amount directly conditions of Section 41 hereof relating to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control signage and use of the HVAC system serving exterior of the Premises building, shall with Landlord’s prior written approval, which shall not be unreasonably withheld may install a satellite TV Dish antenna not exceeding 18 inches in diameter. Such antenna shall be installed in accordance with installation techniques reasonably approved by Landlord, in a location designated by Landlord, and may use the security system serving the Building. B. In in no event shall Landlord such antenna be liable for visible from street level around the quality, quantity, failure building or interruption of utilities to interfere in any way with the Demised Premises, unless caused by microwave telephone antennas or other telephone equipment located on the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause roof of the utility failure building, or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use the satellite antennas of any other tenants currently located on the roof 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 interruptionbuilding. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees a. TENANT shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by TENANT at or upon the Premises with no responsibility or expense accruing or ascribed to cause the LANDLORD, including all permits, licenses or authorizations necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Leasein connection therewith. Landlord Such payments by TENANT shall be responsible for the payment of all utilities used by Tenant at the Demised Premises made directly to the applicable public utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, plus reasonable capital and administrative recovery costs. If TENANT is allowed by LANDLORD to encroach over areas reserved for installation and operation of utilities, then TENANT shall bear all responsibility for restoration of TENANT’s own property in case of repairs by the LANDLORD or the utility owner. b. The TENANT agrees to indemnify and hold LANDLORD harmless, in LANDLORD’S capacity as utility provider, except 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 the monthly cost reasonably necessitated for electricity purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and gas exceeds $5,000safety. c. If TENANT requires utilities beyond what is currently available, Tenant shall TENANT agrees to pay the excess amount directly full cost and expense associated with the upgrade/extension/installation of all such utilities related to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility , and to comply with all provisions for repair or remediation is that of the utility company or other entity, Landlord shall promptly take reasonable measures to cause maintaining such utility company or other entity to repair or remediate the cause of the utility failure or interruptionutilities. E. Tenant shall be responsible d. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all of its janitorial utilities and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from on or across the Premises, at Tenant’s expensewhether 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 Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent avoid to the Buildinggreatest extent possible, any unreasonable interference or interruption to TENANT’s electrical closet. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseoperations.

Utilities. A. Landlord agrees to cause and Tenant hereby acknowledge and agree that (i) the necessary mains, conduits and other facilities to be provided to make Cafeteria Space currently receives heating, ventilation, ventilation and air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage conditioning (“HVAC”) from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent to the Building’s electrical closetcentral HVAC system, and (ii) electricity, HVAC, gas and water provided to the Cafeteria Space are not currently separately metered. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approvalshall, installation and removal shall be at Tenant’s sole cost and expenseexpense (subject to the terms of Section 10 below), within a commercially reasonable period of time after the date of execution of this Second Amendment, but in no event later than the Cafeteria Space Commencement Date, install separate meters or sub-meters (the “Separate Meters”) for the electricity, gas and water provided to the Cafeteria Space; provided, however, that Tenant shall not install separate meters or sub-meters and shall not separately meter (A) electricity provided for the lights in the Cafeteria Space, it being agreed that Landlord shall provide, as part of Operating Expenses, electricity to the Cafeteria Space (the “Lighting Electricity”) sufficient to operate the lights currently installed in the Cafeteria Space and/or such other lights installed by Tenant as part of the Cafeteria Facilities and approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and (B) the HVAC provided for the Cafeteria Space, it being agreed that Landlord shall provide, as part of Operating Expenses, HVAC for the Cafeteria Space through the Building’s central HVAC system pursuant to and in accordance with the terms of Section 7.1(a) of the Original Lease. The Separate Meters shall be deemed to be part of the Cafeteria Facilities and shall be governed by all of the terms and conditions applicable thereto, as set forth in Section 7 above. Tenant shall, within thirty (30) days after Tenant’s receipt of an invoice therefor, pay directly to Landlord (or at Landlord’s option, directly to the utility company) for the costs of all electricity, gas and water (but not the Lighting Electricity or HVAC) provided to or used in the Cafeteria Space, which costs shall be determined pursuant to the Separate Meters. In addition to the Lighting Electricity and HVAC (which Landlord shall provide to the Cafeteria Space as described hereinabove), and notwithstanding anything to the contrary contained in Section 7.1 of the Original Lease, Landlord shall provide the following services to the Cafeteria Space (which shall be separately metered by the Separate Meters and the costs of which shall be paid separately by Tenant as provided hereinabove): (1) cold water through water lines stubbed to the Cafeteria Space as reasonably necessary for the purposes of running the two (2) commercial kitchen sinks currently existing in the Cafeteria Space (and such other equipment using water and installed by Tenant as part of the Cafeteria Facilities as is approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, in no event may Tenant install any equipment which uses water which shall exceed the Building’s then-existing capacity therefor); (2) electricity to the Cafeteria Space twenty-four (24) hours a day, seven (7) days a week sufficient for operating the electric water heater, ice cream freezer, three (3) refrigerators, two (2) deli cases, salad bar, soda refrigerator and electric fryer currently existing in the Cafeteria Space (and such other electrical equipment installed by Tenant as part of the Cafeteria Facilities as is approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, in no event may Tenant install any electrical equipment which shall exceed the Building’s then-existing capacity therefor); and (3) gas through gas lines stubbed to the Cafeteria Space as reasonably necessary for the purposes of operating the one (1) gas stove currently existing in the Cafeteria Space (and such other gas equipment installed by Tenant as part of the Cafeteria Facilities as is approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, in no event may Tenant install any gas equipment which shall exceed the Building’s then-existing capacity therefor). Landlord and Tenant hereby acknowledge that, as a result of electricity (other than Lighting Electricity), gas and water for the Cafeteria Space being separately metered pursuant to this Section 9, notwithstanding anything in the Lease (as amended hereby), to the contrary, Operating Expenses for the Cafeteria Space, only, shall not include the cost of electricity (other than Lighting Electricity and the electricity provided for lighting in the premises of tenants of the Complex, all of which shall be included in Operating Expenses), gas or water consumed in the Cafeteria Space and the premises of other tenants of the Complex, since Tenant is separately paying for electricity, gas and water consumed in the Cafeteria Space pursuant to this Section 9.

Utilities. A. Tenant shall obtain and contract directly with the respective utility provider and pay all charges for any utilities separately metered to the Premises. Tenant agrees that Landlord agrees shall not be liable for directly contracted utility services not being supplied to cause the necessary mainsPremises. Tenant irrevocably appoints Landlord as Tenant's attorney-in-fact solely for the purpose of terminating Tenant's account with any provider of such utilities if Tenant abandons the Premises or if this Lease expires or is otherwise terminated. Tenant shall pay as Operating Expenses, conduits and Tenant's Share of all utilities servicing the Premises on common meters with other facilities tenants, including but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV. Except as set forth herein, Landlord shall not be provided required to make heatingfurnish to Tenant any utility services of any kind, ventilationsuch as, air-conditioningbut not limited to, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewerheat, gas, phone and electrical services during electricity, voice or data services, or other utilities used, rendered, or supplied upon or in connection with the Term of this LeasePremises. Tenant agrees that Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord not be liable for failure to supply any utility service during any period Landlord is unable to furnish such services and Landlord uses reasonable diligence to supply such services, it being understood that Landlord reserves the qualityright to discontinue temporarily such services, quantityor any of them, failure at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or interruption improvements, or whenever by reason of utilities strikes, lockouts, riots, acts of God or any other happening beyond control of Landlord. Landlord's obligations to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 furnish services shall be responsible for all conditioned upon the availability of its janitorial and cleaning services for the Demised Premises at Tenant’s expenseadequate sources. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on enter upon the Property for its exclusive use subject Premises at all reasonable times upon prior written or telephonic notice as may be reasonable under the circumstances in order to (a) Landlord’s approval make such repairs, alterations and adjustments as shall be necessary in order to comply with the provisions of any mandatory or voluntary fuel or energy saving or similar statute, regulation or program. No prior notice shall be required in the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation event of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseemergency.

Utilities. A. Landlord agrees The Seller will attempt to cause the necessary mainsobtain final cut-off readings of fuel, conduits telephone, electricity, and other facilities gas to be provided to make heatingmade as of the Adjustment Date. The Seller shall pay the bills based on such readings promptly after the same are rendered. If arrangements cannot be made for any such cut-off reading, ventilation, air-conditioning, water, sewer, gas, phone and electricity available the parties shall apportion the charges for such services on the basis of the ▇▇▇▇ therefor for the most recent billing period prior to the Demised Premises Adjustment Date, and to make available to Tenant heating, ventilation, airwhen final bills are rendered for the period which includes the Adjustment Date the Seller and Purchaser shall promptly readjust the apportionments in accordance with such final bills. Post-conditioning, water, sewer, gas, phone and electrical services during the Term of Closing Adjustments. The items set forth in this Lease. Landlord Section 3 shall be responsible apportioned at the Closing by payment of the net amount of such apportionments to the Seller in the manner set forth herein for the payment of all utilities used the Purchase Price if the net apportionment is in favor of the Seller or by Tenant a credit against the Purchase Price if the net apportionment is in favor of the Purchaser. However, if any of the items subject to apportionment under the foregoing provisions of this Section 3 cannot be apportioned at the Demised Premises directly Closing because of the unavailability of the information necessary to compute such apportionment, or if any errors or omissions in computing apportionments at the Closing are discovered subsequent to the applicable public utility providerClosing, except if then such item shall be reapportioned and such errors and omissions corrected as soon as practicable after the monthly cost Closing Date and the proper party reimbursed, which obligation shall survive the Closing for electricity a period of one year after the Closing Date. Notwithstanding any of the foregoing provisions of this Section 3.5 to the contrary, the Purchaser and gas exceeds $5,000the Seller agree that the one year limitation set forth in this Section 3.5 shall not apply to the parties' obligations under Sections 3.1 and 3.2 and that such obligations shall survive the Closing forever. Due Diligence Period. Notwithstanding anything to the contrary contained herein, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant Purchaser shall have 24-hoursa thirty (30) day period commencing on the date of receipt by Purchaser of (i) a fully- executed Agreement, 7-days per week control and (ii) a copy of each of the HVAC system serving Leases (the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities "Due Diligence Period") to examine title to the Demised PremisesProperty, unless caused by to inspect the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause physical and financial condition of the utility failure Property and to review the Property Information. Neither the Purchaser nor the Purchaser's Representatives shall contact any governmental authority or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use any of the PremisesSeller's tenants, vendors, employees, consultants or contractors prior to the Closing without obtaining the Seller's prior written consent in each instance. If Access to the responsibility for repair or remediation is that of Property. During the utility company or other entityDue Diligence Period, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate the cause of Purchaser and the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant Purchaser's Representatives shall have the right to install a generator enter upon the Property for the sole purpose of inspecting the Property and making surveys, soil borings, engineering tests and other investigations, inspections and tests (collectively, "Investigations"), provided (i) the Purchaser shall give the Seller not less than one (1) business days' prior written notice before each entry, (ii) the first such notice shall include sufficient information to permit the Seller to review the scope of the proposed Investigations, and (iii) neither the Purchaser nor the Purchaser's Representatives shall permit any borings, drillings or samplings to be done on the Property for without the Seller's prior written consent, such consent not to be unreasonably withheld. If such consent were denied, Purchaser shall have the right to terminate this Agreement. Any entry upon the Property and all Investigations shall be during the Seller's normal business hours and at the sole risk and expense of the Purchaser and the Purchaser's Representatives, and shall not interfere with the activities on or about the Property of the Seller, its exclusive use subject to tenants and their employees and invitees. The Purchaser shall: (a) Landlord’s promptly repair any damage to the Property resulting from any such Investigations and replace, refill and regrade any holes made in, or excavations of, any portion of the Property used for such Investigations so that the Property shall be in the same condition as that which existed prior to such Investigations; (b) fully comply with all Laws applicable to the Investigations and all other activities undertaken in connection therewith; (c) permit the Seller to have a representative present during all Investigations undertaken hereunder; (d) take all actions and implement all protections necessary to ensure that all actions taken in connection with the Investigations, and the equipment, materials, and substances generated, used or brought onto the Property pose no threat to the safety or health of persons or the environment, and cause no damage to the Property or other property of the Seller or other persons; (e) if requested by the Seller, furnish to the Seller, at no cost or expense to the Seller, copies of all surveys, soil test results, engineering, asbestos, environmental and other studies and reports relating to the Investigations which the Purchaser shall obtain with respect to the Property promptly after the Purchaser's receipt of same; (f) maintain or cause to be maintained, at the Purchaser's expense, a policy of comprehensive general public liability insurance with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage, automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage, and an excess umbrella liability policy for bodily injury and property damage in the minimum amount of $3,000,000, insuring the Purchaser and the Seller and certain of Seller's Affiliates listed on Schedule 4, as additional insureds, against any injuries or damages to persons or property that may result from or are related to (i) the Purchaser's and/or the Purchaser's Representatives' entry upon the Property, (ii) any Investigations or other activities conducted thereon, and (iii) any and all other activities undertaken by the Purchaser and/or the Purchaser's Representatives in connection with the Property, and deliver evidence of such insurance policy to the Seller at the earlier of ten (10) days after the date of this Agreement or the first entry on the Property; (g) not, at any time, contact or communicate with any tenant of the Property for any reason whatsoever without the prior written approval of the plans therefor and location thereof Seller, which communications, whether by telephone, in writing or in person, Seller or its designee shall have the right to be present at or otherwise participate in; and (bh) Tenant obtainingindemnify the Seller and the Seller's Affiliates and hold the Seller and the Seller's Affiliates harmless from and against any and all claims, at its sole cost demands, causes of action, losses, damages, liabilities, costs and expenseexpenses (including without limitation attorneys' fees and disbursements), all applicable governmental authorities therefor. Such installation may includesuffered or incurred by the Seller or any of the Seller's Affiliates and arising out of or in connection with (i) the Purchaser and/or the Purchaser's Representatives' entry upon the Property, at Tenant’s election(ii) any investigations or other activities conducted thereon by the Purchaser or the Purchaser's Representatives, the installation of 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 (iii) any liens or encumbrances filed or recorded against the Property to its original condition at as a consequence of the investigations. The provisions of this Section 4.1 shall survive the termination of this Agreement and the SubleaseClosing. ApprovalPurchaser's Termination Notice. Subject to the provisions of the last paragraph of this Section 4.2, installation the Purchaser shall have the right to elect to terminate this Agreement by giving written notice (the "Purchaser's Termination Notice") of such election to the Seller at any time prior to the expiration of the Due Diligence Period if the Purchaser shall determine (in the exercise of its reasonable discretion) that any of the following conditions to termination are met as of the date of the Purchaser's Termination Notice, in which event the provisions of Section 14.1 shall apply: (a) The Purchaser shall have determined, based upon a site assessment study conducted at Purchaser's sole expense by a qualified engineering firm or environmental firm selected by Purchaser and removal shall be at Tenant’s sole cost approved by Seller in Seller's reasonable discretion, that there is oil, ash substances, hazardous substances, hazardous materials, hazardous or toxic waste, or friable and expenseaccessible asbestos- containing materials present on the Property in an amount which would require remediation under the applicable environmental laws costing in excess of Fifty Thousand and 00/100 Dollars ($50,000).

Utilities. A. Landlord agrees (a) Tenant shall purchase all utility services, including but not limited to cause fuel, electricity, and steam heat, but excluding water and sewerage, from the necessary mainsutility complex or entity, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available providing such service to the Demised Premises Real Estate, as directed by Landlord, and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical shall pay for such services within thirty (30) days after receipt of an invoice therefor. In the event that at any time during the Term term of this Lease, said utility or municipality increases its charge to Landlord for water and/or sewerage service to the Real Estate over the charge for such service made as of the date of this Lease, then Tenant shall pay to Landlord an amount equal to Tenant's Pro Rata Share of the increase in said utility's or municipality's charge to Landlord. Landlord shall give written notice to Tenant of any such increase and Tenant shall commence paying the increased charge on the effective date of said utility's or municipality's increase. Should any utility service be responsible separately metered, Tenant pay all such amounts for services to the Leased Premises promptly prior to the due date thereof. Landlord shall not be liable for the payment quality or quantity of or interference involving any such utilities. During the term hereof, whether the Leased Premises are occupied or unoccupied, Tenant agrees to maintain heat sufficient to heat the Leased Premises so as to avert any damage to the Leased Premises on account of cold weather. (b) Tenant shall pay to Landlord, as additional rent for the Leased Premises, Tenant's Pro Rata Share of the charges for utilities used for areas of common use by the tenants on the Real Estate. Such charges shall be paid by Tenant to Landlord within thirty (30) days after Landlord bills Tenant therefor, or, at Landlord's election, in monthly installments in amounts estimated by Landlord. (c) Notwithstanding anything to the contrary contained in Section 12.1(a) or Section 12.1(b) above, during the period beginning on the Tenant Entrance Date and ending on May 31, 2001, Landlord shall pay for all utilities used consumed by Tenant at the Demised Leased Premises directly to the applicable public utility provider, except if the monthly cost and for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control Tenant's Pro Rata Share of the HVAC system serving the Premises and may charges for utilities used for areas of common use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agentstenants on the Real Estate. From and after June 1, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises2001, 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 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 shall be responsible for all of its janitorial such costs and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbageexpenses as provided in this Lease. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the shall supply all ordinary and necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone electrical, and electricity available to the Demised Premises and to make available sewage services to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly charges for such services at the same rates charged by the local public utility companies providing such utility, or at such discounted rate as may be available to Tenant or Landlord within thirty (30) days of Tenant's receipt of a bill for the same. In addition, such services that have not been separately metered (water and sewer) may be separately metered by Landlord and ▇▇▇▇▇▇ agrees to pay for such services in accordance with such metering as additional rent hereunderset forth above. Should Landlord decide to separately meter the Premises, the installation, maintenance and/or repair of such meters shall be Landlord's sole responsibility and at Landlord's sole cost and expense. Tenant shall have 24may avail itself of other campus services at established third-hours, 7-days per week control party rates. All activities of the HVAC system serving Tenant involving the Premises facilities and may use the security system serving the Building. B. In no event services of SBUwill be consistent with applicable policies and guidelines of SBU. Except as otherwise expressly provided in this Lease, Landlord shall Landlord not be liable to Tenant for any loss or damage or expense which Tenant may sustain or incur by reason of any failure, inadequacy or defect in the qualitycharacter, quantity, failure quality or interruption supply of utilities electric current furnished to the Demised PremisesPremises for any cause beyond Landlord's reasonable control. No diminution or abatement of Rent, unless caused Additional Rent, or other compensation shall be or will be claimed by the gross negligence Tenant, nor shall this Lease or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause any of the utility failure obligations of Tenant hereunder be affected or interruption using all means within Landlord’s commercially reasonable controlreduced by reason of such interruptions, Landlord hereby acknowledging stoppages or curtailments, nor shall the same give rise to a claim in Tenant's favor that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility for repair failure constitutes actual or remediation is that of the utility company constructive, total 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage partial eviction from the Premises, at Tenant’s expenseunless such interruptions, and Landlord shall 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 stoppages or curtailments have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent been due to the Building’s electrical closetarbitrary, willful or negligent act, or failure to act, of Landlord. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the SubleaseLONG ISLAND HIGH TECHNOLOGY INCUBATOR, INC. Approval, installation and removal shall be at Tenant’s sole cost and expense.LIHTI2

Utilities. A. Landlord The tenant must make sure that the accounts for [gas/electricity/telephone/TV licence/internet/broadband] are all in the tenant's name with the companies which supply those services. All of these services are generally known as utilities. The tenant must pay, when due, all charges for utilities and services supplied during the tenancy. The tenant also has to settle up at the end of the tenancy for all outstanding amounts. If there are any bills for utilities left unpaid at the end of the tenancy, the landlord may be able to use money held in the deposit to settle these bills. The tenant can change supplier for gas or electricity if they are paying the supplier and not paying the landlord for utility costs. If the tenant has a pre-payment meter, the tenant is still allowed to change supplier and there is no need to get the landlord's consent first. The tenant must tell the landlord if the tenant changes supplier and give the landlord the details of the new supplier - including its name. If the tenant permits any electricity or gas meter to be changed from or to a pre-payment meter, then the tenant also has to pay the direct cost of changing the meter back at the end of the tenancy (unless the landlord wants to keep the meter the tenant had put in). So, although the landlord's permission is not needed to change the meter, the tenant might need to pay the cost of changing it back if the landlord wants this done. Alterations The tenant needs to get the landlord's written consent, in advance, before the tenant does any of the following: makes any alterations to the property; makes any changes to the fixtures and fittings in the property - for example to the kitchen cupboards or bathroom fittings; or does any internal or external decorating or redecorating - including changing the colour of any of the walls or ceilings, doors or window frames in the property. It's entirely up to the landlord whether or not the landlord agrees to cause any of these things being done. The landlord cannot unreasonably refuse any request by the necessary mainstenant for adaptions, conduits and auxiliary aids or services under section 52 of the Housing (Scotland) ▇▇▇ ▇▇▇▇ or section 37 of the Equality ▇▇▇ ▇▇▇▇. Any such request by the tenant must be made in writing to the landlord. Or, if the work would include or relate to any common parts of the building (for example a common entrance or common stair), the request must be made in writing to the persons who own those common parts. The owners of common parts would usually be all owners of any properties within a building. For these types of alterations, the landlord or other facilities person owning common parts, is not entitled unreasonably to refuse to agree to the adaptations being done, auxiliary aids being installed or services being provided. If consent is refused, the tenant can appeal to the Tribunal (if the application is made under the Housing (Scotland) Act 2006) or to the Sheriff Court (if the application is made under the Equality Act 2010) within 6 months after the refusal. The tenant might find it helpful first to discuss the tenant's needs with the Citizens Advice Bureau, Shelter Scotland or the local council. Any of these three groups might agree to talk to the landlord to remind the landlord that it must not unreasonably refuse consent. Private Garden If the let property includes a garden, solely for the tenant's use (so not shared with anyone else), the tenant must maintain that garden in a reasonable manner. The landlord might pay for garden maintenance to be provided carried out and charge this cost as a service included in the monthly rent payments - this should be stated in the Agreement. In that case, the tenant would only need to make heatingkeep the garden area tidy. If the tenant does not do this, ventilationthen the landlord can do it instead and ask the tenant to pay back the costs. The landlord should supply the tenant with copies of the receipts for such costs. Roof The tenant must not go onto the roof without first getting the landlord's written consent - unless it's an emergency, air-conditioningin which case the landlord's consent is not needed. Bins and Recycling The tenant must dispose of or recycle all rubbish in the correct way. If rubbish is picked up from the street, waterthen on the day it is due to be collected, sewerit should be put out before the time asked for by the local council. Any rubbish and recycling containers should be returned to their normal storage places as soon as possible after being emptied by the local council. The tenant must also comply with the local council’s rules if they need to dispose of large items. Sometimes a local council might charge an extra cost to uplift a large item. The tenant can also arrange to dispose of large items by taking them to the nearest recycling centre run by the local council. Details of how to recycle large items and days and times of refuse and recycling collections will be given on the local council's website for the area in which the property is located. If the tenant does not dispose of rubbish properly, the landlord can do it instead and ask the tenant to pay back the costs. The landlord should supply the tenant with copies of the receipts for such costs. Storage No items belonging to the tenant (or belonging to anyone living with the tenant or to a visitor) should be left or stored in a common stair - if that would be a fire or safety hazard or a nuisance to the neighbours. Dangerous Substances – including liquid petroleum gas The tenant must safely store any petrol and/or gas, phone including liquid petroleum gas, which the tenant uses for garden appliances, barbecues or other household goods or appliances. This means keeping it outside the property if possible (for example in a shed in the garden) and electricity available stored in leak proof and fire proof containers. The tenant must not store or keep any other flammable liquids, explosives, or explosive gases which might be thought to be a fire hazard or dangerous in the property or in any store, shed or garage. Pets The tenant needs to get the written consent of the landlord, in advance, before the tenant brings any animal or pet into the property. It's up to the Demised Premises landlord whether or not the landlord gives this consent. If the Agreement bans pets, a tenant can ask the landlord to change it to allow an assistance dog if the tenant is disabled and needs an assistance dog to be able to live in the property. If the landlord refuses, they may be discriminating on the grounds of disability and could be acting illegally. If the landlord does agree that the tenant can keep an animal or pet in the property, the tenant must make available sure that the animal or pet is kept under supervision and control. This is to Tenant heatingensure that the pet does not cause damage to the property or common areas and is not a nuisance to neighbours or others in the area. If the landlord agrees to allow a pet then they might request an additional deposit on top of the deposit they would usually charge. This is to acknowledge the greater potential for damage and costs at the end of the tenancy. The total amount of the deposit paid by the tenant, ventilationincluding this extra deposit cannot be more than 2 months' rent. At the end of the Agreement, air-conditioningthe landlord can ask the tenant to repay the cost of any damage caused by, wateror cleaning required due to, sewera pet. The landlord should supply the tenant with copies of the receipts for such costs. Smoking If the tenant wants to smoke in the property (or allow others to smoke in the property) the tenant must get the landlord's written consent, gasin advance. This applies to tobacco smoking or the smoking of anything else. The tenant must not smoke (or allow others to smoke) in stairwells or other common areas. If the tenant is not supposed to smoke in the property then at the end of the Agreement, phone and electrical services during the Term landlord can ask the tenant to repay the cost of this Leaseany damage caused by, or cleaning required due to, smoking. Landlord shall be responsible The landlord should supply the tenant with copies of the receipts for such costs. Additional Tenancy Terms The Agreement might include further clause(s) which the landlord agrees with the tenant. Any such other clause cannot go against, or say something different from, any other clauses in the Agreement which are mandatory clauses. The mandatory clauses in the agreement appear in bold type (which is darker than the normal typed wording). The Guarantor The guarantee clause includes a space for the guarantor's name as well as the guarantor's address and for the guarantor to sign the Agreement. These should all be filled in if a guarantor is needed. A guarantor is not always asked for by a landlord but it is quite common for the landlord to ask for a guarantor, if the tenant has a low credit score or is thought to be a higher credit risk, such as if the tenant claims benefits. The guarantor (if any) agrees to meet the full demands of the tenancy, on the tenant's behalf, if the tenant does not comply with those rules. Parents of young people or students are often asked to be guarantors. Joint residential tenancies have joint and several liability and so the guarantor is guaranteeing all the joint tenants and not just one particular tenant. The guarantor might have to pay costs which were due to another joint tenant(s) not having paid rent or causing damage to the property. These costs can include legal costs in trying to get payment of all utilities used by Tenant at the Demised Premises directly rent arrears or other costs. If the tenant does not do something which they should, or does something that they should not do, the landlord can get the guarantor to do what is required or to meet any costs of fixing what should not have been done. For example, if the tenant does not pay rent or some other payment due under the tenancy, the landlord can claim it from the guarantor instead. Also, if the tenant does not repair some damage to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless property which was caused by the gross negligence tenant, the landlord can ask the guarantor to repair the damage - or willful misconduct of Landlord the landlord can do the repair themselves and then claim the cost from the tenant or its agentsfrom the guarantor. Also if the landlord: spends money or does work that the tenant should have done; or pays other people, employees or contractors. D. In for example, lawyers and Sheriff Officers, to take action against the event of a failure or interruption of utilities within tenant to try to get the Premisestenant to comply with their duties under the tenancy, Landlord shall promptly repair or remediate then the cause of landlord can also claim those costs from the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed guarantor. The guarantor's liability continues after the tenancy ends - to cover any duties breached during the tenancy where the costs are still 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 interruptionbe paid. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone provide normal water and electricity available connectio▇ ▇▇ ▇▇▇ ▇▇emises as determined by Landlord's sole, reasonable discretion. Subject to the Demised Premises and to make available to Tenant heatingfollowing qua▇▇▇▇▇▇▇▇ons, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on increase the Property for its exclusive use subject to (a) Landlord’s approval electrical capacity of the plans therefor and location thereof and (b) Tenant obtainingPremises by installing additional, at its sole cost and expenseor upgrading existing, all applicable governmental authorities thereforelectrical system components in or serving the Premises. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal All such installations and/or upgrades shall be at Tenant’s 's sole cost and expense and shall be performed only after obtaining Landlord's written consent, which consent shall not be unreasonably withheld or delayed. Tenant shall provide Landlord with such detail as Landlord shall request regarding such installations and/or upgrades. If any installation or upgrade requires work to be performed outside of the Premises, then Landlord may further reasonably condition its consent thereto on a case-by-case basis. All such installations and/or upgrades are further subject to the provisions of Paragraph 6. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler services, refuse and trash collection, and other utilities and services used on or at the Premises and any maintenance or inspection charges for utilities, together with any taxes, penalties, surcharges or the 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 expense. Tenant shall pay its share of all charges for join▇▇▇ ▇▇tered utilities, based on consumption as reasonably determined by Landlord. Landlord shall not be liable for any interruption or failure of utility service on the 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 ▇▇▇▇▇▇ic 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 submete▇ ▇▇ ▇etermine Tenant's usage. C. Tenant agrees it will not use sewer capacity for any use other th▇▇ ▇▇▇▇▇▇ domestic restroom and kitchen use. Tenant further agrees to notify Landlord of any other sewer use ("ex▇▇▇▇ ▇ewer 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 acquiring additional sewer capacity to service Tenant's Lease.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available In addition to the Demised Premises payment of the Tenant’s Occupancy Costs and to make available to notwithstanding Sections 6.01 and 6.02, the Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment cost of all utilities used including electricity supplied to the Leased Premises. The Tenant shall not, without the prior written approval of the Landlord, 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 which approval may be arbitrarily withheld in the event any such equipment will require additional utility usage or any telecommunication lines and/or conduits in excess of that normally required for office premises and/or would involve the diminution of the Landlord’s ability to lease other premises in the Building. If, with the Landlord’s approval, such additional equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the 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 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 that amount in monthly instalments in advance simultaneously with the Tenant’s payments of Basic Rent. Notwithstanding the foregoing, and whether the Leased Premises are separately metered or not, the Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the Demised applicable rates determined by a single meter on the Project and may, in billing the Tenant for its share of 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 Landlord shall upon the Landlord’s or Tenant’s request install a separate check meter or meters in the Leased Premises at the Landlord’s expense. In addition to the applicable public utility providerpayments to the Landlord required by this Article 7.00, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord all rates, charges, costs and expenses as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure assessed or interruption levied by any supplier of utilities to the Demised Premises, unless caused Tenant other than those supplied by the gross negligence or willful misconduct of Landlord or its agents, employees or contractorsLandlord. 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mainsAll water, conduits and other facilities to be provided to make heatinggas, ventilationheat, air-conditioninglight, waterpower, sewer, gasgarbage collection, phone telephone and electricity available telecommunications service and all other services and utilities supplied to the Demised Premises and together with any taxes thereon; provided, however, that if any utility services are separately metered and/or billed to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000Tenant, Tenant shall pay the excess amount directly to for such services as and when billed and will indemnify Landlord as additional rent hereunderagainst and hold Landlord harmless from any and all loss, cost, damage or expense, including reasonable attorneys' fees suffered or incurred by Landlord in connection therewith. Tenant shall have 24-hours, 7-days per week control Upon commencement of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the PremisesLease term, Landlord shall promptly repair or remediate advise Tenant of Tenant's pro rata share through the cause end of the utility failure period for which the taxes or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs insurance premiums have been prepaid and Tenant shall include after-hours repairs as needed due to Tenant’s 24/7 use pay the amount thereof concurrently with payment of the Premises. If first month's rent; and Landlord also shall submit to Tenant a statement of all other anticipated monthly Operating Charges for the responsibility for repair or remediation is that period between such commencement and the following January, and Tenant shall pay these Operating Charges on a monthly basis concurrently with the payment of the utility company or other entityrent, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate beginning with the cause first payment of the utility failure or interruption. E. Tenant shall be responsible for all rent. By March 1 of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premiseseach year, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, statement showing the total Operating Charges for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use the prior calendar year and Tenant's allocable share thereof, pro rated from the commencement of the Lease term, if appropriate. In the event the total of the monthly payments which Tenant has made for the prior calendar year is less than Tenant's actual share of such Operating Charges, then Tenant shall pay the difference in a lump sum within ten (10) days after receipt of such statement from Landlord. In the event that the total monthly payments exceed Tenant's actual share, Tenant shall receive credit against the next payment of Additional Rent due. Also, by March 1 of each year (the "current year"), Landlord shall submit to Tenant a statement of the budgeted Operating Charges for the current year, as reasonably established by Landlord. Tenant shall then pay Landlord the difference between the prior established Operating Charges and the budgeted current Operating Charges for the months which have passed since the first of the current year and shall continue to pay the budgeted current Operating Charges for the remainder of the current year, subject to (a) Landlord’s approval adjustment by March 1 of the plans therefor following year in the manner provided above. Even though the term has expired and location thereof and (b) Tenant obtaininghas vacated the Premises, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at when the final determination is made of Tenant’s election, the installation 's share of an internal transfer switch said Operating Charges for the generator year in which this Lease terminates, Tenant shall immediately pay any increase due over the estimated Operating Charges previously paid, and, conversely, any overpayment made shall be promptly rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein provided. Landlord estimates that Tenant's Share of Operating Charges shall be Two and 40/100 Dollars ($2.40) per square foot of rentable area in the room adjacent Premises per year. Notwithstanding anything herein to the Building’s electrical closet. contrary, Landlord may elect agrees that Tenant's Share of Additional Rent attributable to require Tenant remove Operating Charges for the generator first full Lease Year shall not exceed Two and restore 76/100 Dollars ($2.76) per square foot of rentable area in the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensePremises per year.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, Tenant shall pay for all water, sewer, gas, phone light, heat, power, electricity, telephone, trash pickup, sewer charges and electricity available all other services supplied to or consumed on the Premises and separately metered to or chargeable exclusively to the Demised Premises, and all taxes and surcharges thereon. In addition, the cost of any utility services supplied to the Common Area or not separately metered to the Premises shall be a Common Area Charge and Tenant shall pay its share of such costs to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this LeaseLandlord as provided in Paragraph 12 below. Landlord shall be responsible promptly install a separate water meter for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s Landlord's sole cost and expense. If, after the Commencement Date, water is not separately metered to the Premises, then Tenant shall pay a reasonable proportion (as reasonably determined by Landlord) of the jointly metered water charges, as a Common Area Charge, until such time as Landlord separately meters the Premises as provided for hereinabove. The parties hereto acknowledge that heating, ventilation and air conditioning (HVAC) serving Building C is provided mostly through the Building and power and lighting serving Building C is provided through Building A. The parties hereto intend and agree that Tenant shall pay approximately one-half (1/2) of the cost of such utilities serving Building C and that the tenant of Building B (or Landlord if Building B is not leased or such tenant of Building B is not obligated to pay its share of such utilities) shall pay the remaining approximately one-half (1/2)of the cost of such utilities. In order to equalize the sharing of such utilities' cost applicable to Building C, the parties hereto agree that not later than July 15, 1996, Landlord shall cause, at Landlord's sole expense, a consultant (selected by Landlord and reasonably approved by Tenant and the tenant of Building B) to survey the utilities serving Building C and the costs of providing the same. Based upon such survey, the consultant will determine the amount that Tenant and the tenant of Building B (or Landlord if Building B is not leased or such tenant of Building B is not obligated to pay its share of such utilities) shall be obligated to pay, respectively, in order that each of them bear during each year of the Lease Term (prorated for any partial calendar year) approximately fifty percent (50%) of the costs of such utilities serving Building C. If, based on such survey (or subsequent survey as described below), it is determined that Tenant is bearing less than fifty percent (50%) of the cost of such utilities serving Building C, then Tenant shall pay to the tenant of Building B (or to Landlord, as the case may be), an amount equal to that which, when added to the portion of the utilities costs estimated by the consultant to be borne by Tenant during the preceding calendar year (prorated for any partial year), shall equal fifty percent (50%) of the costs of the utilities serving Building C. If, based on such survey (or subsequent survey as described below), it is determined that Tenant is bearing more than fifty percent (50%) of the cost of such utilities serving Building C, then the tenant of Building B (or Landlord if Building B is not leased or the tenant of Building B is not obligated to pay its share of such Building C utilities) shall pay to Tenant an amount equal to that which, when added to the portion of the utilities costs estimated by the consultant to be borne during the preceding calendar year (prorated for any partial year) by the tenant of Building B or Landlord, as the case may be, shall equal fifty percent (50%) of the costs of the utilities serving Building C. Payment shall be made within thirty (30) days after receipt by Tenant (if payment is owed by Tenant) or by the tenant of Building B or Landlord, as the case may be, of an invoice setting forth the amount due with respect to the preceding calendar year (or portion thereof) within the Lease Term. Consistent with the foregoing, the parties hereto agree that Tenant's obligation to equalize the costs of utilities serving Building C for calendar year 1996 shall only be applicable to the period of August 1, 1996 through December 31, 1996. The obligation to equalize the costs of utilities serving Building C shall survive the expiration or earlier termination of this Lease but only with respect to utilities consumed in Building C within the Lease Term. It is contemplated hereunder that Tenant and the tenant of Building B will be the parties responsible for equalizing the amount of the utilities costs applicable to Building C and that Landlord shall provide Tenant with a locationnot be involved in such equalization process or obligated to pay for any portion of the utilities serving Building C unless there is no tenant of Building B at the time such equalization is applicable or the tenant of Building B is not obligated to bear its fifty percent share of the cost of the Building C utilities. At any time during the Lease Term, at but in no cost to event more than once in any calendar year, Tenant, for Landlord or the placement tenant of a receptacle for Tenant’s refuse and garbage. F. Tenant Building B shall have the right to install retain a generator consultant selected by it and reasonably approved by the others to undertake a survey of the utilities serving Building C and the costs of providing the same. Based upon such completed survey, the sharing of costs of utilities serving Building C shall be readjusted so that Tenant and the tenant of Building B (or Landlord if Building B is not leased or the tenant of Building B is not obligated to pay its share of such Building C utilities) each pay fifty percent (50%) of the costs of utilities serving Building C. Set forth below is an illustrative example of the manner in which the costs of utilities serving Building C are to be equalized. Suppose that the initial consultant determines that the costs of HVAC service to Building C (which is read on the Property meter in Building B) equals Six Hundred Dollars ($600) per month and the costs of power and lighting service to Building C (which is read on the meter in Building A) equals Three Hundred Dollars ($300) per month. Based on the foregoing, the tenant of Building B is paying Six Hundred Dollars ($600) of the Nine Hundred Dollars ($900) of Building C utilities costs. Since the tenant of Building B should only be paving fifty percent (50%) of the total Building C utilities costs (i.e., $450), the Tenant should reimburse the tenant of Building B, not later than January 30 of the applicable year, an amount equal to One Hundred Fifty Dollars ($150) per month (or One Thousand Eight Hundred Dollars ($1,800) per year (prorated for any partial year)) to equalize the payment of Building C utilities costs. Tenant shall store its waste either inside the Premises or in its own dumpsters located within the now existing outside trash enclosures. Tenant shall not at any time store, place or maintain any garbage, trash, rubbish, other refuse or Tenant's personal property in any area of the Common Areas or exterior of the Premises (except in the outside dumpsters and in any storage areas which have been designated for Tenant's exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) are identified on Exhibit A attached hereto). Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal expense shall be at responsible to maintain and keep the designated trash enclosures and Common Areas free of garbage, trash, rubbish and other refuse of Tenant or Tenant’s sole cost and expense's personal property.

Utilities. A. In the event that any utilities are not supplied to the Premises by Landlord agrees as part of Operating Expenses, Tenant will promptly pay, directly to cause the necessary mainsappropriate supplier, conduits and other facilities to be provided to make heatingthe cost of all natural gas, ventilationheat, air-conditioningcooling, electricity, sewer service, telephone, water, sewer, gas, phone refuse disposal and electricity available other utilities and services supplied to the Demised Premises and to make available to Tenant heatingPremises, ventilationtogether with any related installation or connection charges or deposits (collectively, air-conditioning, water, sewer, gas, phone and electrical services "Utility Costs") incurred during the Lease Term. If any utilities are jointly metered with other premises, Landlord will make a reasonable determination of Tenant's proportionate share of such Utility Costs and Tenant will pay such share to Landlord. Landlord shall, prior to the Term of this LeaseCommencement Date install a check meter or submeter in the Premises (the "Submeter"), at Landlord's sole cost and expense, to measure Tenant's electricity. Landlord shall be responsible read the Submeter monthly and shall ▇▇▇▇ Tenant for the payment cost of all utilities used Tenant's actual electricity consumption for the Premises as shown by the Submeter, which costs Tenant shall pay to Landlord as Additional Rent. If at any time in the Demised Premises future the electricity supplier to the Property allows a separate meter to be installed for the Premises, Tenant shall thereafter pay the costs of such electricity directly to the applicable public utility provider, except if supplier. Landlord reserves the monthly cost for electricity right to participate in wholesale energy purchase programs and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving provide energy to the Premises and may use through such programs so long as the security system serving cost to Tenant is competitive. In the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or of any interruption of utilities in any utility due to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agentsthat continues for more than five (5) consecutive days after written notice of such interruption from Tenant to Landlord, employees or contractors. D. In then, commencing after the event expiration of a failure or interruption such five (5) day period, Rent hereunder shall ▇▇▇▇▇ for the remaining duration 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord Sublessor shall bring or shall cause utility lines to be brought to the ----- Subleased Premises at the 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 Sublessee's activities, sufficient water, electricity, telephone, gas and sewer service. 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 Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's and, if necessary, PDA's prior written approval of Sublessee's plans and specifications therefor, which approval shall not be unreasonably withheld. Such approval shall be deemed granted if the Sublessor shall not respond within 15 days of receipt of Sublessee's written request therefor and shall fail again to respond 10 days after receipt of ▇▇▇▇▇▇▇▇▇'s second written request therefor. If such installation is approved by Sublessor and PDA and if Sublessor and PDA agrees to cause the necessary mains, conduits and other provide any additional facilities to be provided accommodate Sublessee's installation, Sublessee agrees to make heatingpay Sublessor and/or PDA, ventilationin advance and on demand, air-conditioningthe cost for providing such additional utility facilities or utility facilities of greater capacity, water, sewer, gas, phone and electricity available including but not limited to offsite sewer improvement charges allocable to the Demised Subleased Premises and to make available be charged by the City of Portsmouth under the Primary Lease including but not limited to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control Sublessee's share of the HVAC system serving costs described in the Premises and may use 30 <PAGE> last sentence of Section 14.5 of the security system serving Primary Sublease. PDA under the Building. B. In no event shall Landlord be liable for Primary Sublease also reserves the qualityright to run such utility lines as it deems necessary in connection with the development of the Airport to, quantityfrom, failure or interruption of utilities to through the Demised Subleased Premises, unless caused by provided, however, that PDA in exercising such reserved right shall provide reasonable prior notice and the gross negligence opportunity to confer with PDA and shall exercise reasonable efforts to avoid or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 minimize interference with use of the Subleased Premises. If PDA under 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the PremisesPrimary Sublease, at Tenant’s expenseits sole discretion, and Landlord shall 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 right from time to install a generator on time, to alter the Property for its exclusive use subject to (a) Landlord’s approval method and source of supply of the plans therefor above enumerated utilities to the Subleased Premises and location thereof 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 (b10) Tenant obtainingdays after mailing by PDA to Sublessee of statements therefor, at its sole cost and expense, all the applicable governmental authorities therefor. Such installation may include, at Tenant’s election, rates determined by PDA from time to time which PDA agrees shall not be in excess of the installation of an internal transfer switch public utility rates for the generator same service, if applicable, to 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 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 method of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensefurnishing of such utilities.

Utilities. A. Landlord TENANT SHALL PAY ALL GAS, ELECTRCITY, WATER, Propane GARBAGE COLLECTION, CABLE TV AND ANY OTHER UTILITIES FOR THE PROPERTY A Cut Above Property Management will back bill the tenant for these utilities: . Utilities billed back by A Cut Above will be billed at the first of each month and are due with that current month’s rent. Tenant shall never have the utilities shut off - EVER. Tenant shall place the utilities in Tenant’s name effective the first day of this lease. Failure to place utilities in Tenants name shall be a breach of this lease. ▇▇▇▇▇▇ agrees to cause that a copy of this Lease, at the necessary mainsoption of Landlord, conduits and other facilities to may be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available any public or private utility company providing services to the Demised Premises property and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for entitled to receive notice of any delinquent billing or cut-off notice from said utility company without the payment of all utilities used by Tenant at the Demised Premises directly consent or prior notice to the applicable public Tenant. If for any reason Tenant has the utilities turned off, the Landlord can charge a reconnect fee of $50.00 per utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant plus any utility company charge. Failure to pay utilities when due shall pay the excess amount directly to Landlord as additional rent hereunderbe a breach of this lease. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event that the City of Colorado Springs imposes a failure storm water fee/tax on the property, that fee/tax shall be the responsibility of the tenant and shall be considered additional rent due and payable by the tenant. Tenant is advised that some utility companies will not allow Tenants to place the utilities in the Tenants name and the Utility will bill the owner or interruption of utilities within Landlord for the Premisessame. In this event, Landlord shall promptly repair or remediate the cause will provide copy of the utility failure or interruption using all means bill to Tenants by mail and it is ▇▇▇▇▇▇’s responsibility to pay that bill to Landlord within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due 15 days of the date it is mailed to Tenant’s 24/7 use . If Tenant does not pay the bill within 15 days of the Premisesdate mailed, it will be considered a default in the lease and all default provisions of this lease shall apply as well as the late charge provisions of this lease. 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage Return mail from the Premises, at Tenant’s expense, post office addressed to Tenant is not an excuse for non-payment and Landlord the 15 days shall provide Tenant with a location, at no cost to Tenant, run from the date of mailing by Landlord. You can and will be evicted for the placement non-payment of a receptacle for Tenant’s refuse and garbageUtilities. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees Subtenant shall pay its cost of utilities used or consumed in the Demised Premises pursuant to cause the necessary mainsterms of this Sublease, conduits including without limitation, electricity, gas and other facilities telephone. Subtenant shall pay the cost of its telephone service directly to the applicable telephone service provider. Water and sewer will be provided billed to make heatingSubtenant as part of the Operating Expenses pursuant to the third (3rd) paragraph of Section 6B above. In addition, ventilationSubtenant shall reimburse Sublessor within thirty (30) days after receipt of an invoice therefor, air-conditioning, water, sewer, gas, phone the cost of gas and electricity available to for which Subtenant shall pay its proportionate share based on a fraction, the numerator of which is the gross leasable area of the Demised Premises and the denominator of which is the gross leasable area of space leased by Sublessor in the office park of which Building A is a part. In the event such charges shall not be paid when due, Sublessor shall have the right to pay same, which amount so paid is hereby declared to be additional rent due on demand with interest at the Delinquency Rate (as defined in Section 22.06 of the Parent Lease). If a tenant in the office park of which Building A is a part uses a materially disproportionate amount of any utility, at Subtenant’s request, Sublessor shall make available a reasonable and equitable allocation of the charges for such utility based on a reasonable estimate of each tenant’s consumption of such utility. B. Sublessor and Subtenant hereby acknowledge that all or a part of the utilities referred to Tenant heatingthis Sublease may be located in or upon the Demised Premises. Sublessor and Subtenant hereby agree that Sublessor shall have the right, ventilation, air-conditioning, water, sewer, gas, phone license and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at easement within the Demised Premises directly to the applicable public utility providerinstall, except if the monthly cost for electricity replace, maintain, repair, inspect and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In aforesaid utilities systems at no event additional cost to Sublessor. Sublessor shall Landlord not be liable for the quality, quantity, any failure or interruption of utilities any utility service except to the extent caused by the negligence or willful misconduct of Sublessor. No failure or interruption of any utility service shall entitle Subtenant to terminate this Sublease, or discontinue making payments of any Rent nor shall the same give rise to a claim that such constitutes actual or constructive, total or partial eviction from the Demised Premises, unless such failure is not restored within thirty (30) days (or, if such failure is of a nature that it cannot be so restored within such thirty (30) days and was not caused by the gross negligence act or willful misconduct omission of Landlord or its agentsSublessor, employees or contractors. D. In sixty (60) days after notice to Sublessor of such failure). Subtenant shall be entitled to a proportionate abatement of minimum rent during the event of a period that such failure or interruption continues, such abatement to be based on the impact of utilities within Subtenant’s ability to conduct business in the Demised Premises, Landlord shall promptly repair or remediate the cause but exclusive of consequential damages, all consistent with Sublessor’s remedies under Section 8.04 of the utility failure or interruption using all means within Landlord’s Parent Lease. Sublessor agrees to use commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due efforts to Tenant’s 24/7 use enforce its rights under Section 8.04 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 interruptionParent Lease. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment cost of all utilities used by Tenant at provided to the Demised Leased Premises including, but not limited to electric service, heating and air conditioning, and Tenant's Proportionate Share of the cost of any computerized or mechanical energy management system installed to control, monitor and minimize utility usage in the Building (the "Utility Cost"). Those utilities for which separate meters are provided shall be billed directly to the applicable public Tenant by the entity providing the utility provider, except if the monthly cost for electricity and gas exceeds $5,000service. With respect to those utilities which are not separately metered, Tenant shall pay Tenant's Proportionate Share of such Utility Cost, the excess amount directly Landlord will, at the beginning of each calendar year, deliver to Tenant a good faith estmate of the Utility Cost which will be due during that year (the "Estimated Utility Cost"). Tenant agrees to pay one-twelfth (1/12) of the Estimated Utility Cost to Landlord as additional rent hereunderAdditional Rent which shall be due at the same time and in the same manner as the Rent pursuant to Section 3.1. Tenant shall have 24-hours, 7-days per week control As soon as practicable each year and for that portion of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities calendar year prior to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the PremisesExpiration Date, Landlord shall promptly repair or remediate the cause deliver to Tenant a statement of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed actual Utility Cost due to Tenant’s 24/7 use of from Tenant for the Premisesrelevant period. If the responsibility for repair or remediation is that amount 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 Estimated Utility Cost paid by Tenant exceeds the cause amount of the actual utility failure or interruption. E. cost, Tenant shall be responsible given a credit for all such amount against the Rent next becoming due under the terms of its janitorial and cleaning services this Lease; provided, however, that upon termination of the Lease such excess Estimated Utility Cost paid by Tenant shall be rebated to the Tenant within thirty (30) days of the date the statement of the actual Utility Cost is delivered for such calendar year. If the Demised Premises at Tenant’s expenseamount of the Estimated Utility Cost is less than the amount of the actual Utility Cost, Tenant agrees to pay same to Landlord, within thirty (30) days after receipt of a statement therefor, the full amount of such difference. Tenant shall provide a service agrees to accept as final and determinative the amount and computation shown on the statement, unless Tenant, within fifteen (15) days after receipt thereof, notifies Landlord in writing of any claimed error therein, or requests in writng for Landlord to verify and detail the collection amounts of refuse and garbage from the Premises, at Tenant’s expense, and Utility Costs on the statements. The Landlord shall provide such verification and detail to the extent such information is available to the Landlord without undue cost. In any event, the dispute in regard to computation of the correct charge to Tenant with a location, at no cost to Tenant, for the placement Utility Cost shall not be a reason or serve as a basis for Tenant to withhold any payments of a receptacle for Tenant’s refuse Rent, Additional Rent or other charges and garbagesums owed by Tenant to Landlord under the terms of this Lease. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Section 9.1 Landlord shall supply electricity to the Premises in such quantities as Tenant shall reasonably require (provided said requirements shall not exceed the electrical capacity of the electrical distribution system in the Building). Tenant shall make no alterations or additions to the electrical distribution system in the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to cause the Building and the risers or wiring installation therein. Tenant may not use any electrical equipment which, in Landlord’s reasonable judgment, will overload such installations or interfere with the use thereof by other tenants in the Building., Section 9.2 Subject to the provisions herein, the parties agree that Landlord shall furnish electricity to Tenant on a “submetering” basis. Landlord has installed a meter or meters (collectively, the “Submeter”), at a location designated by Landlord, and connections from the risers and/or circuits servicing the Premises to the Submeter and has performed all other work necessary mainsfor the furnishing of electric current by Landlord to the Premises to service Tenant’s lighting and equipment. Tenant will pay Landlord, conduits as Additional Rent for such service, the amounts determined by multiplying the usage indicated by the Submeter by the “all in” rate charged to Landlord by Consolidated Edison plus an administrative fee of five (5%) percent of such amount. The amounts computed from the Submeter readings are herein called the “Electricity Additional Rent”, and other facilities such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this Lease for any reason whatsoever, Landlord may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within twenty (20) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment against the next payment(s) of Electricity Additional Rent. The periods to be provided used for the aforesaid computation shall be as Landlord, in its sole discretion, may from time to make heatingtime elect. Bills for the Electricity Additional Rent shall be rendered to Tenant at such time as Landlord may elect. Section 9.3 If any tax is imposed upon Landlord’s receipts from the sale or resale of electric current to Tenant by Federal, ventilationState or municipal authority, air-conditioningTenant agrees that, waterunless prohibited by law, sewerTenant’s pro rata share of such taxes shall be passed on to, gasand included in the b▇▇▇, phone and electricity available paid by Tenant to Landlord as Additional Rent. Section 9.4 Landlord shall not be liable to Tenant for any loss, damage or expense of whatever nature which Tenant may sustain or incur by reason of any failure, inadequacy or defect in the character, quantity or supply of utilities furnished to the Demised Premises and to make available to Tenant heatingPremises, ventilationwhether through the primary service or back-up generation except for any loss, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly damage or expense due to the applicable public utility providernegligence or omission of Landlord. Tenant shall pay for any special fixtures, except if the monthly cost connection charges and equipment required for electricity and gas exceeds $5,000its usage of said utilities. Further, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable install monitoring equipment for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within any freezers at the Premises, Landlord and shall promptly repair or remediate notify Landlord in the cause event that any freezer is not receiving an adequate supply of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such 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 interruptioncurrent. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Section 9.5 Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at and subject to Landlord’s reasonable regulations and approval in its sole discretion of Tenant’s electionload requirements, the installation of an internal transfer switch for the generator in the room adjacent shall be permitted to (a) connect to the Building’s electrical closet. Landlord may elect back-up generator located within the Building to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at provide limited emergency power for Tenant’s sole cost selected equipment, and expense(b) install its own back-up generator within the Premises or other location to be designated by Landlord, such location to be provided for such use at no charge to Tenant.

Utilities. A. Landlord agrees LANDLORD shall furnish gas heat ; hot water ; cold water ; gas for cooking ; electricity Tenant shall furnish electricity ; gas for cooking ; gas for hot water and heat ; water . TENANTS agree to cause assume billing responsibility for their utilities upon taking possession of the premises and will timely make all necessary mains, conduits and other facilities arrangements therefor. Houses Only: TENANTS are totally responsible for all charges for water and/or sewage disposal service furnished to the said premises by the City of ▇▇▇ Arbor. No service shall be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone the above address until TENANTS deposit with the Department of Utilities a sum sufficient to cover twice the average quarterly ▇▇▇▇ ($480.00 minimum) and electricity available a copy of this lease. TENANTS understand that payment of charges for water and/or sewage disposal services may be enforced by discontinuing the services to the Demised Premises and premises. TENANT agrees to make available pay the bills for said utilities when due. LANDLORD shall have no obligation to Tenant heatingprovide utilities that are the responsibility of TENANT as set forth above. In apartments where the TENANT provides the heat, ventilation, air-conditioning, water, sewer, gas, phone and electrical services the premises must be kept sufficiently heated (minimum of 62°) at all times during the Term Lease to avoid damage to the premises, and the TENANT may not have the heat terminated for any reason. TENANT agrees that LANDLORD shall not be held responsible for any interruptions in utilities services beyond the LANDLORD’S control, or due to necessary repairs, replacements or alterations. LANDLORD has sole right to designate TENANT’S utility or electric/gas service provider. Failure to place utility bills in the Resident’s name will result in a $150.00 administrative fee per utility ▇▇▇▇ invoice. Resident may not install a portable dishwasher, washer, dryer or air conditioner without the Landord’s written permission. If Resident installs any of the above items in violation of this Leaseclause, Landlord may ▇▇▇▇ Resident for any increase in utility bills or other damages which Landlord, in his sole discretion, attributes to the violation. or annually $ . This amount may vary depending on the severity of the winter and the thermostat management practices of the occupants. Communications Services – The premises may include wiring for telephone, broadcast television, cable television or internet services and Landlord may provide wireless internet access at no charge to tenant. Tenant agrees landlord is not responsible for any interruption in service for any reason. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly has no obligation to the applicable public utility provider, except if the monthly cost for electricity provide any such service and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use lack of the Premises. If the responsibility access to communications services shall not be a basis for repair withholding rent 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at a reduction in Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbagerent. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits a. The Tenant shall pay any and other facilities to be provided to make heating, ventilation, air-conditioning, all charges for water, sewer, gas, phone electricity, telecommunication, cable, rubbish removal, recycling, and electricity available to all other utilities and services serving the Demised Premises and to make available to (if any). Where such utility services are separately metered for the Premises, the Tenant heatingshall arrange for utility services directly with the utility service provider. Where such services are not separately metered for all or any portion of the Premises, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible ▇▇▇▇ the Tenant on a monthly basis for the payment Tenant’s pro rata portion of all utilities used by charges for utility services, and the Tenant at shall reimburse the Demised Premises directly Landlord within ten (10) days after receipt of an invoice from the Landlord. The Landlord reserves the right to separately meter any utility services not currently separately metered and thereafter the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay to the excess amount directly Landlord or to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control the suppliers of such services the HVAC system serving charges for such services based upon the Premises and may use the security system serving the BuildingTenant’s usage. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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. b. The Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtainingresponsible, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may includeto repair, maintain, and replace any utility lines and equipment installed to serve the Premises, including, without limitation, the utility lines installed in the leased strips described in Section 1 above. c. The Tenant shall also, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense, procure any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance of wires, pipes, conduits, tubes, and other equipment and appliances for use in supplying any such utility or service to the Premises. The Tenant expressly agrees that the Landlord is not, nor shall it be, required to furnish to the Tenant or any other occupant of the Premises during the Term any water, sewer, gas, heat, electricity, light, power, steam, air- conditioning, or any other facilities, equipment, labor, materials, or services of any kind whatsoever. d. The Tenant, at its sole expense, shall provide appropriate containers for rubbish and recycling and shall be responsible for arranging for the collection of rubbish and recyclables from the Premises. The Tenant shall not dispose of any medical wastes at the Premises and shall arrange for the disposal of any medical wastes in accordance with all applicable laws, ordinances, and regulations.

Utilities. A. Landlord agrees Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to cause the necessary mainsBase Rent set forth in Section 3 hereof, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, Tenant shall pay the cost of all water, sewersewer use, sewer discharge fees and sewer connection fees, gas, phone heat, electricity, refuse pickup, janitorial service, telephone and electricity available other utilities billed or metered separately to the Demised Premises and/or Tenant. Tenant shall also pay Tenant’s Share of any assessments or charges for utility or similar purposes included within any tax ▇▇▇▇ for the Lot on which the Premises are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. For any such utility fees or use charges that are not billed or metered separately to Tenant, including without limitation, water and refuse pick up charges, Tenant shall pay to Landlord, as Additional Rent, without prior notice or demand, on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services (“Utility Expenses”). If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to make available be separately metered at Tenant’s sole expense. In addition, Tenant shall pay to Landlord Tenant’s Share of any Common Area utility costs, fees, charges or expenses (“Common Area Utility Costs”). Tenant heatingshall pay to Landlord one-twelfth ( 1/12th) of the estimated amount of Tenant’s Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as specified in Section 6.4 above. The amount of Tenant’s Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, ventilationthe Building and/or the Park. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, air-conditioninggovernmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, waterTenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, sewerTenant, gasthe Premises, phone the Building or the Park, 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. Notwithstanding anything to the contrary contained herein, if permitted by applicable Laws, Landlord shall have the right at any time and electrical services from time to time during the Term of this Lease. Landlord Lease to either contract for service from a different company or companies (each such company shall be responsible referred to herein as an “Alternate Service Provider”) other than the company or companies presently providing electricity service for the payment of Building or the Park (the “Electric Service Provider”) or continue to contract for service from the Electric Service Provider, at Landlord’s sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all utilities used by Tenant at times and, as reasonably necessary, shall allow Landlord, the Demised Premises directly Electric Service Provider, and any Alternate Service Provider reasonable access to the applicable public utility providerBuilding’s electric lines, except if feeders, risers, wiring, and any other machinery within the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderPremises. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities Notwithstanding anything to the Demised Premisescontrary contained herein, unless caused by Tenant’s Base Rent shall be abated to the extent that such utility services are interrupted, curtailed or suspended as a result of the gross negligence or willful misconduct of Landlord or its authorized representatives, agents, employees or contractors. D. In the event , or Landlord actually receives insurance proceeds related to such interruption, curtailment or suspension of a failure utility services, if such interruption, curtailment or interruption suspension 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 prompt repairs shall include after-hours repairs as needed due to services interferes unreasonably with Tenant’s 24/7 use of the Premises. If the responsibility Premises and such interference persists 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 interruptionmore than seven (7) continuous business days. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord Urban Land Owner shall be responsible for the payment costs of bringing electricity, telephone, cable, gas, and all other utilities used by Tenant at (other than water and sewer, which are addressed above, "Utilities"), required to service the Demised Premises directly Aina Le'a Property to the applicable public utility provider, except if Urban Land. Upon and subject to the monthly cost for electricity PSA and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control a portion of the HVAC system serving O▇▇▇ ▇▇▇▇▇ Property, Agricultural Land Owner may grant and convey to DW the Premises and may right to use the security system serving the Building. B. In no event shall Landlord be liable utility easement(s) with Waikoloa Village in favor of Agricultural Land Owner for the quality, quantity, failure or interruption purpose of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. providing such utilities. In the event of a failure such conveyance, Agricultural Land Owner shall also grant to Urban Land Owner such licenses and/or easements across the Agricultural Land as necessary or interruption of desired by Urban Land Owner to bring such utilities within to the PremisesUrban Land, 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 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 which shall be responsible for subject only to Agricultural Land Owner's right of approval in its sole, reasonable discretion as to the location of all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisesutility lines, at Tenant’s expenseroads, easements, and Landlord shall provide Tenant with a location, at no cost to Tenant, for any other infrastructure or improvements placed on the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant Agricultural Land. Agricultural Land Owner shall have the right to install a generator tap into or access such Utilities from any lines on or traversing the Property for its exclusive use subject Agricultural Land. Agricultural Land Owner shall have the right to connect to said Utilities (a) Landlord’s approval of where they traverse over the plans therefor and location thereof Agricultural Land and (b) Tenant obtaining, at such points on the Urban Land as Urban Land Owner shall designate in its sole cost reasonable discretion; provided, however, Agricultural Land Owner shall be liable and expenseresponsibility for all aspects of such connections, including without limitation for all applicable governmental authorities costs and expenses therefor. Such installation may include, at Tenant’s election, and that provisioning for such connections shall not impair or delay the installation provisioning of an internal transfer switch for the generator in the room adjacent such Utilities to the Building’s electrical closetUrban Land or increase the costs thereof to the Urban Land Owner unless Agricultural Land Owner agrees also to pay such costs. Landlord may elect Agricultural Land Owner shall have the right to require Tenant remove that the generator and restore provisioning for such Utilities to the Property Urban Land by the Urban Land Owner include capacity in addition to its original condition at that necessary to service the termination of the Sublease. ApprovalUrban Land ("Additional Capacity"), installation and removal provided, however, that Agricultural Land Owner shall be at Tenant’s sole cost liable and expenseresponsible for all aspects of such Additional Capacity for that such connections shall not impair the provision of such Utilities to the Urban Land, and that provisioning for such Additional Capacity shall not impair or delay the provisioning of such Utilities to the Urban Land or increase the costs thereof to the Urban Land Owner unless Agricultural Land Owner agrees also to pay such costs.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, 10.1 Tenant shall pay the excess amount directly cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to Landlord as additional rent hereunderthe Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have 24-hoursthe right to require Tenant to install, 7-days per week control at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure Commencement Date. If any utilities or interruption of utilities services are not separately metered or monitored with respect to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to determine Tenant’s 24/7 equitable share thereof, based on rentable square footage, intensity of use of the Premises. If the responsibility for repair or remediation is that any Utility, hours of the utility company or operation, and such other entity, factors as 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expensedeems relevant. Tenant shall provide a service for pay its equitable share of such utilities to Landlord, to the collection of refuse and garbage from the Premisesextent such obligation exceeds any amount thereof impounded under Section 4.5, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement within fifteen (15) days after receipt of a receptacle for Tenant’s refuse and garbage. F. Tenant statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at any time and from time to install a generator on the Property time to contract for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtainingservice from any company or companies providing electrical, at its sole cost and expensetelecommunication, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent or other utility service to the Building’s electrical closet. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may elect to require Tenant remove sustain or incur by reason of any change, failure, interruption, interference or defect in the generator and restore the Property to its original condition at the termination supply or character of the Subleaseelectricity or other utilities supplied to the Premises. Approval, installation and removal shall be at Landlord makes no representation or warranty as the suitability of the utility service for Tenant’s sole cost requirements, and expenseno such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. A. Landlord agrees (a) Subtenant shall pay for all utilities, including electricity, gas, water, and telephone service furnished to the Sub-Sublease Premises as set forth herein. So long as utilities are billed by the Sublandlord or Master Landlord, directly or indirectly, to Sublandlord and, in turn, to the Sub-Sublandlord based upon the consumption measured to the Sublease Premises subject to the ▇▇▇▇▇▇-▇▇▇▇▇▇ Sublease, and so long as the square footage of the Sublease Premises and the Sub-Sublease Premises remain unchanged, Subtenant shall pay to Sub-Sublandlord for such utilities 49.58% of the amount paid by Sub-Sublandlord. In the event that the square footage of either the Sublease Premises or the Sub-Sublease Premises changes, this percentage shall change proportionately. (b) Sub-Sublandlord shall supply Subtenant with electricity to the Sub-Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of the Master Lease; provided however, that Sub-Sublandlord shall have no liability for failure to deliver electricity to Subtenant unless such failure is due to Sub-Sublandlord’s intentional act. If Subtenant shall desire any change or increase in the nature or any such utility services, Sub-Sublandlord’s sole obligation shall be to use reasonable efforts to cause the necessary mainsMaster Landlord to provide such changes in such utility services requested by Subtenant, conduits and other facilities Subtenant, shall, on demand, pay or reimburse Sub-Sublandlord for all reasonable costs, charges or expenses incurred by Sub-Sublandlord in causing Master Landlord to provide such services and in the cost for providing such services. Sub-Sublandlord shall have no obligation to alter existing lines or equipment providing distribution of electricity throughout the Sub-Sublease Premises. Subtenant shall be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available solely responsible for any alterations to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used existing lines or equipment made necessary by Tenant at the Demised Premises directly Subtenant’s alterations to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24Sub-hours, 7-days per week control of the HVAC system serving the Sublease Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed otherwise required due to TenantSubtenant’s 24/7 particular use of the Sub-Sublease Premises. If ; provided however, that any such alterations shall be subject to the responsibility for repair or remediation is that prior approval of the utility company or other entitySub-Sublandlord, Sublandlord and Master 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 interruptionin accordance with Paragraph 9 below. E. Tenant (c) The term Sub-Sublease Premises as used in this Article 4A shall be responsible for all of its janitorial refer to both the Original Sub-Sublease Premises and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Additional Sub-Sublease Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.”

Utilities. A. Landlord Lessor agrees to cause provide normal water, electricity, and telephone service connections to the necessary mainsPremises upon the commencement date hereof, conduits and other facilities to which connections, regardless of location, shall hereafter be provided to make heatingmaintained by Lessee. Lessee shall pay for all water, ventilationgas, air-conditioningheat, waterlight, power, telephone, sewer, gas, phone sprinkler charges and electricity available to the Demised Premises other utilities and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant on or at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair and any maintenance or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premisesinspection charges for utilities. 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant Lessor shall have the right to install a generator cause any of said services to be separately metered to Lessee, at Lessee's expense. Lessor shall not be liable for any interruption or failure of utility service on the Property Premises unless caused by Lessor's gross negligence or willful misconduct, in which event Base Rent shall be abated for its exclusive the period commencing after the expiration of ten (10) business days following the occurrence of such interruption or failure of utility service, within which ten (10) business day period Lessor shall be entitled to attempt to restore such service without rent abatement. In the event the Premises shall constitute a portion of a multiple-occupancy building and water is not separately metered to Lessee, Lessee agrees that it will not use subject water for uses other than normal domestic restroom and kitchen usage; and Lessee does further agree to (a) Landlord’s approval reimburse Lessor for the entire amount of the plans therefor common water costs as additional rental if, in fact, Lessee uses water for uses other than normal domestic restroom and location thereof and (b) Tenant obtainingkitchen uses without first obtaining Lessor's written permission. Furthermore, Lessee agrees in such event to install at its sole cost and own expense, all applicable governmental authorities therefora submeter to determine Lessee's usage. Such installation may If the Premises shall constitute a portion of a multiple occupancy building, Lessee agrees it will not use sewer capacity for any use other than normal domestic restroom and kitchen use. Lessee further agrees to notify Lessor of any other sewer use ("EXCESS SEWER USE") and also agrees to reimburse Lessor for the costs and expenses relating to Lessee's excess sewer use, which shall include, at Tenant’s electionbut is expressly herein not limited to, the installation cost of an internal transfer switch for the generator in the room adjacent acquiring additional sewer capacity 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseservice Lessee's Lease.

Utilities. A. Landlord Subject to the provisions of Section 1 of the Work Letter Agreement, from and after the date of this Lease, ▇▇▇▇▇▇▇▇ agrees to that it will cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make made available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly upon or adjacent to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate facilities for the cause delivery to the Premises of water, electricity, and telephone service, and for the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that removal of sewage from the Premises. ▇▇▇▇▇▇ agrees to use such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 utilities in connection with the use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entitySuch utilities may be separately metered at Landlord's option, 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. in which case, Tenant shall be responsible make payment directly to the entities providing such utilities and services. Tenant agrees, at its own expense, to pay for all of its janitorial water, sewer, trash, electric current, and cleaning services for the Demised Premises at Tenant’s expense. all other utilities used by Tenant shall provide a service for the collection of refuse and garbage on or from the PremisesPremises from and after the commencement of Tenant's Work, and Tenant agrees to provide, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its 's sole cost and expense, all applicable governmental authorities thereforany check meters of the type required by Landlord or the appropriate governing authority. Such installation may include, at Tenant’s election, In the installation of an internal transfer switch for the generator in the room adjacent event that any utilities are furnished to the Building’s electrical closetPremises by Landlord, whether sub-metered or otherwise, then and in that event, Tenant shall pay Landlord for such utilities, but the rates charged to Tenant by Landlord shall not exceed those of the public utility company furnishing same to Landlord as if its services were being furnished directly to Tenant. Where any such utilities are not separately metered, Landlord shall pro-rate same on an equitable basis. Landlord may elect to require pro-rate the cost of water service among Tenant remove and the generator and restore the Property to its original condition at the termination other tenants of the SubleaseProject serviced by the applicable meter based on the number of fixture units attributable to the Premises over the total number of fixture units serviced by the applicable meter (as defined in the Nevada Building Code and/or applicable state and/or county codes). ApprovalNotwithstanding anything contained herein to the contrary, installation Tenant shall reimburse Landlord in full for the total costs and removal shall expenses relating to the monthly HVAC maintenance contract for the HVAC services for the Premises and the ▇▇▇▇▇ County sewer fees, with such monthly reimbursement to be at Tenant’s sole cost and expensepaid to Landlord by Tenant in the same manner as the Rent.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be Except where provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000contrary below, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hoursbe responsible, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense, for obtaining all utility connections at or for the Leased Hangar and Tenant shall pay all charges for water, electricity, gas, sewer, telephone or any other utility connections, impact fees, tap-in fees and services furnished to the Leased Hangar during the term hereof. Tenant agrees to contact all utility service providers prior to any excavation or digging on the Leased Hangar or the premises in and around the Leased Hangar. Landlord shall in no event be liable or responsible for any cessation or interruption in any such utility services. A. Notwithstanding the foregoing, Landlord and Tenant hereby acknowledge and agree to the terms and conditions contained in Exhibit D – Utility Expense Reimbursement Addendum attached hereto and incorporated herein by reference wherein it sets forth which utility services will be provided and paid for by the Landlord and subsequently reimbursed by Tenant upon demand. B. If Tenant is the responsible party for obtaining any of the utility connections at or for the Premises, any access or alterations to the Premises or to the Airport necessary to obtain any of such utility connections may be made only with Landlord's prior consent and at ▇▇▇▇▇▇'s sole expense. C. In the event Tenant fails to pay any utility or connection charges for which ▇▇▇▇▇▇ is responsible, Landlord shall have the right (but not the obligation) to pay or cause to be paid such charges, fees or expenses, incurred by Tenant and the costs thereof expended by or caused to be expended by Landlord plus interest thereon as provided in Paragraph 40 of this Lease shall be paid by Tenant upon written demand. D. Prior to executing this Lease Tenant acknowledges that it has, at its sole costs and expense, determined that all necessary utilities are available to the Premises and are adequate for Tenant's intended commercial use, and that there are no other utility services needed or required by Tenant at the Premises in connection herewith. E. Landlord shall in no event be liable or responsible for any cessation or interruption in any utility services to the Premises.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, (A) Tenant shall pay for water, sewer, gas, phone electricity, heat, power, telephone and electricity available other communication services and any other utilities supplied to the Demised Premises Premises. Except to the extent Landlord elects to provide any such services and invoice Tenant for the cost or include the cost in Operating Expenses, Tenant shall obtain service in its own name and timely pay all charges directly to the provider. Landlord shall have the exclusive right to select, and to make available 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. For those utilities which are not sub metered or separately metered, in the event Tenant's consumption of any such utility or other service included in Operating Expenses is excessive when compared with other occupants of the Property, Landlord may invoice Tenant heatingseparately for, ventilationand Tenant shall pay on demand, air-the cost of Tenant's excessive consumption, as reasonably determined by Landlord. Landlord shall provide information supporting such determination to Tenant. (B) Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Notwithstanding any thing to the contrary in this Lease, if Tenant is prevented from receiving electricity, heat, natural gas, air conditioning, water, sewersewer or septic service or any other service or utility that Tenant is entitled to receive under this Lease, gasand such interruption (i) is due to a cause within Landlord's control, phone (ii) continues for in excess of five (5) consecutive business days, and electrical (iii) renders the Premises untenantable (in whole or in material part) or makes it impracticable for Tenant to conduct its business in the Premises, then Tenant may give written notice to Landlord that the Premises are untenantable or that Tenant cannot practically conduct its business as a result thereof, and Annual Minimum Rent and Operating Expenses and other charges shall ▇▇▇▇▇ commencing on the day of such notice (and, if less than all of the Premises are affected by such interruption, such abatement shall be pro-rated according to the area so affected) until such time as such services during or utilities are restored. The provisions of this paragraph shall not apply to repairs or changes to the Term extent that such payments are abated under other provisions of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord The TENANT shall pay, as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the leased premises and presently separately metered, all bills for fuel furnished to a separate tank servicing the leased premises exclusively and all charges for telephone and other communication systems used at, and supplied to, the leased premises. The LANDLORD agrees to furnish water for ordinary drinking, cleaning, lavatory and toilet facilities and reasonable heat and air conditioning, if installed as part of the structure of the building (except to the extent that the same are furnished through separately metered utilities or separate fuel tanks as set forth above), so as to maintain the leased premises and common areas of the building at comfortable levels during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service, if installed as part of the structure of the building, and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all subject to interruption due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service, or supplies from the sources from which they are usually obtained for said building, or to any cause beyond the necessary mainsLANDLORD's control. LANDLORD shall have no obligation to provide utilities or equipment other than the utilities and equipment within the leased premises as of the commencement date of this lease. In the event TENANT requires additional utilities or equipment, conduits the installation and maintenance thereof shall be the TENANT's sole obligation, provided that such installation shall be subject to the written consent of the LANDLORD. LANDLORD shall incur no liability to TENANT whatsoever should any utility or service become unavailable from any public utility company, public authority or any other facilities person, firm or corporation, including LANDLORD, supplying, distributing or responsible for such utility or service. LANDLORD shall under no circumstances be liable to be provided TENANT in uninsured damages or otherwise for any interruption in service or failure to make function of water, electricity, waste lines, sprinkler system, heating, ventilation, air-conditioning, water, sewer, gas, phone conditioning or other utilities and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by an unavoidable delay, by the making of any necessary repairs or improvements or by any cause other than the gross negligence of LANDLORD or willful misconduct of Landlord LANDLORD's employees, contractors or its agents, employees or contractorsinvitees. 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. (a) Landlord agrees to shall cause the necessary mains, conduits and other facilities to be provided water, sewer, electric and gas service to make heatingthe Premises and the Common Areas (as applicable) throughout the Term in a manner consistent with other comparable buildings in the Mt. Laurel, ventilationNew Jersey area. Notwithstanding the foregoing, air-conditioning, Tenant shall pay for water, sewer, gas, phone electricity, telephone and electricity available other communication services and any other utilities supplied to the Demised Premises (including, but not limited to, the mezzanine space of the Premises). The Premises shall be separately metered or submetered, by Landlord at its sole cost and expense, for electric and gas but not for water and sewer or other utilities. Except for water and sewer (for which Landlord shall invoice Tenant for the reasonably estimated cost as set forth below or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and timely pay all charges directly to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services the provider. In the event that any meter serving the Premises is not functioning properly or during the Term period that such meter is being repaired, Tenant shall be responsible for its share of utility usage based upon Landlord's reasonable estimate. Except as set forth in subsection (c) below, Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Landlord shall be responsible for have the payment of all utilities used by Tenant at exclusive right to select, and to change, the Demised Premises directly companies providing such services to the applicable public utility providerBuilding or Premises. Any wiring, except if cabling or other equipment necessary to connect Tenant's telecommunications equipment shall be Tenant's responsibility, and shall be installed in a manner reasonably approved by Landlord. (b) With respect to water and sewer service, which will not be separately metered, Landlord may estimate the monthly cost for electricity thereof and gas exceeds $5,000, ▇▇▇▇ Tenant the estimated amount therefor or include the cost in Operating Expenses. All such estimated amounts shall pay the excess amount directly be paid together with Monthly Rent. (c) If any utility service to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities is interrupted due to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agentsAgents or Landlord's failure to comply with its obligations under this Lease (a "Service Interruption") and such Service Interruption causes all or a material portion of the Premises to be untenantable (the "Affected Space") for a period of four (4) or more consecutive business days after written notice thereof from Tenant to Landlord ("Interruption Notice"), employees then, provided that Tenant has actually ceased all of its operations in the Affected Space for the conduct of its business, all Rent shall ▇▇▇▇▇ in the proportion that the rentable square footage of the Affected Space actually vacated and untenantable by Tenant bears to the rentable square footage of the Premises, which abatement shall commence on the fifth (5th) business day following Landlord's receipt of the Interruption Notice and expire on the earlier of Tenant's re-commencement of operations in the Affected Space or contractors. D. In the date that the Service Interruption is remedied. Notwithstanding the foregoing, Tenant shall not be entitled to abatement or any other remedy to the extent that the Service Interruption is caused in whole or in part by the negligence or willful misconduct of Tenant or Tenant's Agents or Tenant's failure to comply with its obligations under this Lease. Tenant agrees that the rental abatement described herein shall be Tenant's sole remedy in the event of a failure or interruption of utilities within the Premises, Service Interruption and Tenant hereby waives any other rights against 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 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 interruptionin connection therewith. E. (d) During the Term, Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisesmaintain, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its 's sole cost and expense, all applicable governmental authorities thereforbusiness interruption insurance as provided in Section 8 hereof. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent Notwithstanding anything to the Building’s electrical closet. contrary, Tenant shall waive, and release Landlord may elect from and against, all claims of rental abatement as provided in subsection (c) above, to require Tenant remove the generator and restore the Property to its original condition at the termination extent of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseforegoing business interruption insurance regardless of whether Tenant obtains such coverages.

Utilities. A. Landlord agrees to cause From and after the necessary mainsPossession Date Tenant shall be liable for and shall pay directly all charges, conduits rents and other facilities to be provided to make heatingfees (together with any applicable taxes or assessments thereon) when due for water, ventilationgas, air-electricity, air conditioning, waterheat, septic, sewer, gasrefuse collection, phone telephone and electricity available to any other utility charges or similar items in connection with the Demised use or occupancy of the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. From and after the Possession Date Landlord shall not be responsible or liable in any way whatsoever for the payment impairment, interruption, stoppage, or other interference with any utility services to the Premises not caused by Landlord, its agents, employees, contractors or licensees. In any event no interruption, termination or cessation of utility services to the Premises shall relieve Tenant of its duties and obligations pursuant to this Lease, including, without limitation, its obligation to pay all utilities Rent as and when the same shall be due hereunder. Notwithstanding the foregoing, if: (i) any Essential Service (as defined in the following sentence) is discontinued to the Premises for more than 15 consecutive business days following notice thereof from Tenant to Landlord; (ii) such discontinuance results solely from Landlord’s negligent or willful act or omission, and does not also result in whole or in part from any unavoidable delay or Legal Requirement; and (iii) such discontinuance renders all or any significant portion of the Premises untenantable and all or such portion of the Premises is not used by Tenant at for the Demised Premises directly conduct of its business, then Rent (except to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly extent any Additional Rent relates to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control any of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 services performed in such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use portion of the Premises. If ) shall thereupon ▇▇▇▇▇, based upon the responsibility for repair or remediation is that portion of the utility company or other entity, Landlord shall promptly take reasonable measures to cause Premises so rendered untenantable and not used by Tenant until such utility company or other entity to repair or remediate the cause discontinuance is remedied. Essential Service means any of the utility failure following: heating or interruption. E. Tenant air-conditioning (as seasonally required), office electricity, water, or plumbing. The abatement provided for in this subsection shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost not apply to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation any discontinuance of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseEssential Service caused by casualty or condemnation.

Utilities. A. Landlord agrees to cause (A) If steam, electricity, water and sewer are supplied by Sublessor, Sublessee shall purchase the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant same from Sublessor or Sublessor's agent at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control a base rate consisting of the HVAC system serving the Premises charges, terms and may use the security system serving the Building. B. In no event shall Landlord be liable rates for the quality, quantity, failure or interruption like quantities and character of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 service in the utility company or other entity, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate service classification in effect at the cause of the utility failure or interruptiontime said service is used and under which Sublessor purchases service. E. Tenant (B) Sublessee shall comply with all reasonable rules and regulations which from time to time may be responsible promulgated by Sublessor to conserve fuel and/or energy. Sublessor shall not be liable to Sublessee for all any loss or damage or expense which Sublessee may sustain or incur if either the quantity or character of its janitorial and cleaning services utility service is changed without fault of Sublessor or is no longer available or suitable for the Demised Premises at Tenant’s expenseSublessee's requirements. Tenant shall provide a service for the collection Any riser or risers to supply Sublessee's requirements, upon written request of refuse and garbage from the PremisesSublessee, will be installed by Sublessor, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expenseexpense of Sublessee, all applicable governmental authorities thereforif, in Sublessor's reasonable judgment the same are necessary and will not cause permanent damage or injury to the Building or demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. Such installation may include, at Tenant’s election, In addition to the installation of 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 such riser or risers, Sublessor will, at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseexpense of Sublessee, install all other equipment proper and/or necessary in connection therewith, subject to the aforesaid terms and conditions. Sublessee covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers' wiring installations except with respect to any riser requested by Sublessee and approved by Sublessor in accordance with the provisions of this Article 15.

Utilities. A. Landlord All utility services within and to the Premises required by ▇▇▇▇▇▇ must be obtained at Lessee's sole cost and expense by connection to the utilities installed at the Premises or in the vicinity thereof. The routes for all utility services lines or mains shall be reasonably approved by Authority, and all service lines and mains shall be placed underground by and at the expense of Lessee, and Lessee shall restore any property affected by placing such facilities underground. In addition, all utility curb cuts, excavation and trenching shall be subject to the prior written approval of Authority as part of Authority's review of Lessee's Plans as provided in Section 5.2 above and shall be completed by and at the expense of Lessee. All backfill, tamping, landscaping and street repair required as a result of such curb cuts, excavation and trenching shall be completed by and at the expense of Lessee, to the reasonable satisfaction of Authority. (a) Lessee shall pay for all meters and measuring devices installed by Lessee or by any utility on the Premises, to the extent payment is required by those utilities providing service, and shall pay for all utilities (including, without limitation, stormwater utility fees) consumed by Lessee on the Premises. (b) Lessee agrees that Authority shall have no liability to Lessee arising out of any interruption of utility service to the Premises, whether or not caused by repairs or alterations being made to any part of the Airport, unless such liability arises from Authority's proven negligence or willful misconduct; provided, however, to the extent that utility service is within the control of Authority, Authority will provide reasonable notice to Lessee of any scheduled interruption and will make a reasonable effort to restore (or cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of restored) utility service as promptly as reasonably possible. Reasonable notice under this Lease. Landlord Section 5.5(b) shall be responsible for no later than thirty (30) days prior to commencement of ordinary repairs and alternations, and in the payment event of all utilities used by Tenant at an emergency as soon as the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control Authority becomes aware of the HVAC system serving emergency. In the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or that an interruption of utilities to the Demised Premises, unless utility service is caused by the gross negligence or willful misconduct Authority’s negligence, and such interruption continues for more than twenty-four (24) hours, ▇▇▇▇▇▇’s then current Annual Rent shall be abated on a day for day basis until the utility service is restored to a level satisfactory to Lessee in its sole discretion. For purposes of Landlord or its agentsthis Section 5.5, employees or contractors. D. In the event acts of a failure or interruption of utilities third party shall not constitute acts within the Premises, Landlord shall promptly repair or remediate the cause control of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that Authority unless such 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 interruptionacts were authorized by Authority. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause (a) Tenant shall be solely responsible for paying the necessary mainscost of all utilities, conduits including, but not limited to, sewer use and other facilities to be provided to make heating, ventilation, air-conditioningconnection fees, water, sewer, gas, phone electricity, telephone, and electricity available other utilities (the “Utilities”) provided to the Demised Premises and billed or metered separately to make available Tenant. If the Utilities are not separately billed to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000Tenant, Tenant shall pay the excess amount directly to Landlord within fifteen (15) days after receiving a ▇▇▇▇ from Landlord the Tenant’s Proportionate Share of the cost of Utilities. In determining Tenant’s Proportionate Share of the cost of Utilities attributable to Tenant’s use during any period of time, if during any period within such year less than ninety-five percent (95%) of the Project’s rentable area shall have been occupied by tenants, then with respect to such period, any portion of the Utilities which vary with the occupancy percentage of the Building and/or Project, if any, shall be proportionately increased to an amount equal to the Utilities that would have been incurred had the occupancy of the Building been ninety-five percent (95%) throughout such portion of the year. In its reasonable discretion, Landlord may adjust “Tenant’s Proportionate Share” to reflect extraordinary use of the Premises by Tenant, which use requires greater use of any Utilities. Extraordinary use shall include, but not be limited to, use beyond normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday; 7:00 a.m. to 12:00 p.m. on Saturdays, excluding any national holidays, and uses beyond those uses set forth in this Lease. (b) Failure by Landlord to furnish any Utilities, or any cessation thereof, which result from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as additional rent hereunderan eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. If any of the equipment or machinery utilized in supplying services and Utilities breaks down, or ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. Tenant shall have 24-hoursno right to terminate this Lease, 7-days per week control and shall have no claim for rebate of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the qualityrent or damages, quantity, failure on account of any interruptions in services or interruption of utilities occasioned thereby or resulting therefrom except to the Demised Premises, unless caused by the gross negligence or willful misconduct extent arising out of Landlord or its agents, employees or 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 failure to use reasonable control, Landlord hereby acknowledging that such 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 diligence to cause such utility company or other entity repairs to repair or remediate the cause of the utility failure or interruptionbe made. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees Tenant shall pay, prior to cause delinquency and throughout the necessary mainsLease Term, conduits and other facilities to be provided to make all charges for water, gas, heating, ventilation, air-air conditioning, watercooling, sewer, gastelephone, phone electricity, garbage, janitorial service, landscaping and electricity available all other services and utilities supplied to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 prompt repairs shall include after-hours repairs as needed due to including Tenant’s 24/7 use Premises Share, Tenant’s Lot 1 Share or Tenant’s Project Share, as relevant, of any such services or utilities which are not separately metered for or billed to 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premisesmay, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and Landlord services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall provide be included in Operating Expenses and paid directly by Tenant with a location, at no cost to Tenant, such utility companies or third party providers prior to delinquency. All charges for utilities and services for the placement sole benefit of a receptacle for Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s refuse Premises Share of Operating Expenses. All other charges for utilities and garbage. F. services shall be included in Operating Expenses recoverable by Landlord in accordance with Article IV; provided, however, that notwithstanding anything to the contrary contained in this Lease, Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses arising from (i) the right disproportionate use of any utility or service supplied by Landlord to install any other occupant of the Building, Lot 1, or the Project or (ii) associated with utilities of a generator type not provided to or for the benefit of Tenant. The disruption, failure, lack or shortage of any service or utility provided by Landlord with respect to the Premises, the Building, Lot 1 or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction; provided, however, that within a reasonable time after Landlord’s receipt of written notice from Tenant specifying such failure, but in no event later than thirty (30) days after Landlord’s receipt of such written notice from Tenant, Landlord shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion, and provided further that: (i) if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, if, despite such diligent efforts by Landlord, such interruption persists for a period in excess of four (4) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the Property for its exclusive use subject fifth (5th) consecutive business day of such interruption an ending on the day the utility or service has been restored; and (ii) if such interruption is due to (a) any reason other than the actions of Tenant or any Tenant Party, then, notwithstanding the fact that such interruption was not caused by Landlord’s approval failure to observe or perform its obligations hereunder, Tenant shall be entitled to an abatement of Base Rent for the plans therefor period such interruption commences until it ends to the extent (and location thereof and (bonly to the extent) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s electionthat Landlord is actually reimbursed for such Base Rent abatement by any rental-loss insurance policy that Landlord is then carrying on the Project, the installation cost of which has been included in Operating Expenses. Notwithstanding anything herein to the contrary, in the event of an internal transfer switch for interruption due to a casualty, the generator in terms of Article VIII of this Lease shall supersede 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 terms of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.this Article X.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly cost of alt water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to Landlord as additional rent hereunderthe Premises. Tenant shall have 24-hoursmake payments for all separately metered utilities, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the qualitywhen due, quantity, failure or interruption of utilities directly to the Demised Premises, unless caused by the gross negligence or willful misconduct of appropriate supplier. Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject require Tenant to (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. Such installation may includeinstall, at Tenant’s election's sole expense, the installation of an internal transfer switch separate meters (or other submeter, device or monitor for the generator in measurement of utility usage) for any utility for which a separate meter is not installed as of the room adjacent Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Tenant shall pay its Share thereof to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4,4, within thirty (30) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at any time and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building’s electrical closet. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may elect to require Tenant remove sustain or incur by reason of any change, failure, interruption, interference or defect in the generator and restore the Property to its original condition at the termination supply or character of the Subleaseelectricity or other utilities supplied to the Premises. ApprovalLandlord makes no representation or warranty as the suitability of the utility service for Tenant's requirements, installation and removal no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be at Tenant’s sole cost liable in damages or otherwise for any failure or interruption of any utility service, and expenseno such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. A. Landlord agrees to cause the necessary mains, conduits (a) Tenant shall be solely responsible for and other facilities to be provided to make heating, ventilation, air-conditioningpromptly pay all charges for heat, water, sewer, gas, phone electricity, sewer rents or charges and electricity available any other utility used or consumed in the Leased Premises or in providing heating and air-conditioning to the Demised Leased Premises, without limitation, said responsibility commencing on the date Landlord notifies Tenant that the Leased Premises and are ready for Tenant's work. Should Landlord elect to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000supply said utilities, Tenant shall agrees to purchase and pay the excess amount directly to Landlord for same, as additional rent hereunder. every month, at rates equal to the rates that Tenant shall would be obligated to pay to the local utility companies supplying such utility services. (b) In the event that Tenant does not have 24-hoursa water meter installed in the Leased Premises, 7-days per week control Tenant will pay to Landlord, as additional rent every month, the minimum charge for the size of the HVAC system serving line installed in the Leased Premises and may use in accordance with the security system serving rates established from time to time by the Buildingutility company or authority supplying water to the premises. B. (c) In the event the local authority, municipality or other body collects for the water and/or sewerage or sanitary consumption, as aforesaid, Tenant covenants and agrees to pay the sewer rent charge and any other tax, rent, levy or charge which now or hereafter is assessed, imposed or becomes a lien upon the Demised Premises, or the realty of which they are a part, pursuant to law, order or regulation made or issued in connection with the use, consumption, maintenance or supply of water, water system or sewerage connection system. (d) In no event shall Landlord be liable to Tenant in damages or otherwise for any interruption, curtailment or suspension of any of the qualityforegoing utility services in the event of a default by Tenant under this Lease or due to repairs, quantityaction of public authority, failure strikes, acts of God or interruption of utilities to the Demised Premisespublic enemy, unless caused by the gross Landlord's negligence or willful misconduct of Landlord or its agents, employees or contractorsmisconduct. 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause (a) Tenant shall pay for the necessary mainsuse of all electrical, conduits and other facilities to be provided to make heating, ventilation, air-conditioninggas, water, sewer, gas, phone sewer and electricity available other utility service to the Demised Leased Premises. Tenant shall be billed directly by each such utility (except water which may at Landlord's election be separately metered and billed to Tenant) and Tenant agrees to pay each such ▇▇▇▇ promptly in accordance with its terms. In the event that for any reason Tenant cannot be billed directly, Landlord shall forward each ▇▇▇▇ with respect to the Leased Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this LeaseTenant shall pay it promptly in accordance with its terms. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly Notwithstanding anything contained herein to the applicable public utility providercontrary, except if the monthly cost Tenant cannot be separately metered for electricity and gas exceeds $5,000any reason, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderAdditional Rent and In monthly installments at the time prescribed for monthly installments of Base Rent, an annual amount, as estimated by Landlord from time to time, which Tenant would pay for such utility service if the same were separately metered to the Leased Premises by the local utility company and billed to Tenant at such company's current rates (including applicable taxes). The cost of any utility service supplied to the Project or Common Areas by Landlord shall be included in Operating Costs. (b) In the event Tenant does not directly pay the bills for water used in the Leased Premises, Tenant shall not waste or permit the wasting of water. Tenant shall have 24-hourspay Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, 7-days per week at reasonable rates fixed by Landlord, and, in connection therewith, Landlord may require tenant at Tenant's cost to install a submeter to measure Tenant water usage. Tenant shall not introduce into the sewer system any harmful or dangerous substances and shall not overload the sewer system by abnormal usage. (c) Tenant agrees that Landlord shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or for a delay in furnishing any service or utility, whether the responsibility of Landlord or others, if such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements authorized by this Lease so long as Landlord exercises reasonable diligence to avoid unnecessary inference with any service or utility, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building or Project after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any other cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed to constitute an eviction or disturbance of the HVAC system serving Tenant's use and possession of the Leased Premises and may use or relieve the security system serving Tenant from paying rent or performing any of its obligations under this Lease. Notwithstanding the Building. B. In no foregoing, in the event shall Landlord be liable for the quality, quantity, failure any interruption or interruption of utilities to the Demised Premises, unless caused by the delay in service results from Landlord's gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expensemisconduct, and Landlord shall provide Tenant with a location, at no cost to Tenant, for such interruption renders the placement of a receptacle Leased Premises unsuitable for Tenant’s refuse 's use for a period in excess of three (3) consecutive business days, rent shall ▇▇▇▇▇ from and garbageafter said third business day until such time as the Leased Premises are returned to a tenantable condition. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available (a) Prior to the Demised Premises and to make available to Tenant heatingCommencement Date, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used provide, at Landlord’s expense, by Tenant at the Demised Premises directly separate meter, electric and gas service to the applicable public Leased Premises. The utility provider, except if provider or its representative for gas and electric service to the monthly cost Leased Premises shall invoice Tenant for electricity its usage of such utilities and gas exceeds $5,000, Tenant shall pay the excess amount any and all amounts due directly to Landlord as additional rent hereunderLandlord. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises acknowledges that water and may use the security system serving the Building. B. In no event shall Landlord be liable sewer utilities for the quality, quantity, failure or interruption Leased Premises are provided by Landlord and billed by Landlord to Tenant based upon Tenant’s proportionate share of utilities same. Simultaneous with the billing to Tenant of its water and sewer charges for the Demised Leased Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to details regarding the calculations used by Landlord in computing Tenant, ’s proportionate share of same. Landlord shall not be liable for the quality or quantity of or interference involving any such utilities. During the term hereof, whether the Leased Premises are occupied or unoccupied, Tenant agrees to maintain heat sufficient to heat the Leased Premises so as to avert any damage to the Leased Premises on account of cold weather. (b) Except as provided herein, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Leased Premises. In the event any utility service to the Leased Premises shall be interrupted (a) for seventy-two (72) hours or more or (b) due to the negligent act or omission of the Landlord, its agents, contractors, or employees, rent and all charges payable hereunder shall equitably a▇▇▇▇ until such services are fully restored. (c) Tenant agrees to be responsible for its rubbish removal for the Leased Premises. The location and placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (acontainer(s) 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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost as shown on Exhibit B, which location and expenseplacement is hereby approved by Landlord.

Utilities. A. Landlord agrees to cause supply for standard desk-furnished business offices, during the necessary mainsusual building business hours on business days, conduits and other facilities to be provided to make heatingreasonable amounts of domestic water for drinking purposes, ventilationheat, air-conditioning, waterand electric current for lighting purposes and power for a reasonable number of fractional horsepower office machines, sewertogether with Landlord's standard janitorial services five times each week, gasSaturdays, phone Sundays and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Leaserecognized legal holidays excepted. Landlord shall be responsible not supply any janitorial services or cleaning for any plumbing fixtures located in the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderdemised premises. Tenant shall have 24the 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 COST AS LANDLORD PROVIDES TO THE OTHER OFFICE SPACE TENANTS IN THE BUILDING (AS DISTINGUISHED FROM GROUND-hoursFLOOR TENANTS). Tenant will not, 7without 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-days per week control conditioning usually furnished or supplied for use of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable premises as general office space; nor connect any apparatus or device for the qualitypurposes 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 usually furnished or supplied for use of the premises as general office space, quantityTenant shall first procure the consent of Landlord, failure or interruption of utilities which Landlord may refuse, to the Demised Premisesuse thereof and Landlord may cause a water meter or electric current meter to be installed in the premises, unless caused 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 and Tenant agrees to pay Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the gross negligence City of Los Angeles or willful misconduct the local public utility, as the case may be, for furnishing the same, plus any additional expense incurred in keeping account of Landlord or its agents, employees or contractors. D. the 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 a failure those utilized or interruption consumed by the average office tenants in the building, Tenant shall reimburse Landlord, as additional rent, upon receipt of utilities within demand therefor, the Premisescost 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 heat 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 promptly repair have no obligation to supply to storage areas, water, heat, air-conditioning or remediate 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 during the cause term of this lease, normal building business hours for the utility failure furnishing of any utilities or interruption using all means within Landlord’s commercially reasonable controlservices to the Building may be curtailed by Landlord without abatement of rent, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use any Energy or Natural Resource Conservation Act now or hereinafter enacted or the directive of the Premises. If the responsibility for repair any Energy or remediation is that Natural Resource Agency or any other similar or dissimilar statute or directive of the utility company any federal, state or other entitygovernmental, Landlord shall promptly take reasonable measures to cause such utility company or quasi-governmental agency, or public utility, or any other entity vested with the power to repair regulate utilities or remediate the cause of the utility failure or interruptionservices. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Electricity Service ------------------- (1) Landlord agrees to cause shall contract directly with the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to public utility company for electric service for the Demised Premises and to make available to Premises. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used the cost of such electric service. Such electric service may be furnished to Tenant by means of the then existing electrical facilities serving the Premises to the extent that the same are available, suitable and safe for such purposes. Landlord will, prior to the commencement date, install a sub-meter to measure Tenant's electric usage and Tenant shall pay for such electric usage at the Demised Premises directly rate charged to Landlord by the utility company plus a five percent administrative fee. (2) Any additional feeders or risers to be installed to supply Tenant's additional electrical requirements, and all other equipment proper and necessary in connection with such feeders or risers shall be, at Landlord's option, installed by Landlord upon Tenant's request, at the sole cost and expense of Tenant (including a connection fee of Three Hundred Fifty Dollars ($350.00) per kilovolt ampere, provided that, in Landlord's reasonable judgment, such additional feeders or risers are necessary and are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the applicable Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or materially interfere with or disturb other tenants or occupants of the Building. Tenant covenants that, at no time, shall the use of electrical energy in the Premises exceed the capacity of the existing feeders or wiring installations then serving the Premises. Tenant shall not make or perform or permit the making or performance of any alterations to wiring installations or other electrical facilities in or serving the Premises or any additions to the business machines, office equipment or other appliances in the Premises which utilize electrical energy without the prior consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. (3) Landlord shall not be liable to Tenant in any way for any interruption, curtailment or failure, or defect in the supply or character of electricity furnished to the Premises by reason of any requirement, act or omission of Landlord or of any public utility provideror other company servicing the Building with electricity or for any other reason, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross Landlord's negligence or willful misconduct of misconduct. Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 reserves the right to install a generator on the Property for its exclusive use subject estimate electric costs and Tenant specifically agrees to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal Pay estimated costs per submeter which shall be at Tenant’s sole cost and expenseconfirmed by an outside source monthly.

Utilities. A. (a) Landlord agrees shall furnish to cause the necessary mainsPremises, conduits and other facilities during reasonable hours. Monday through Friday except recognized public holidays, to be provided to make heatingdetermined by Landlord, ventilation, air-conditioning, water, sewer, gas, phone and electricity available subject to the Demised rules and regulations of the Building, HVAC service for the use of the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Leasefor general office purposes. Landlord shall be responsible also furnish the Premises, at all times, subject to the rules and regulations of the Building, with water and electricity suitable for the payment use of the Premises for general office purposes. (b) Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises which will in any way increase the amount of electricity, cooling capacity or 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 apparatus or device for the purpose of using electric current or water. If Tenant shall require water or electric current in excess of that customarily furnished or supplied to other Tenants of the Building for use of their Premises for general office purposes. Tenant shall first procure the consent of Landlord, which Landlord may refuse in its sole discretion, to the use thereof and Landlord may cause an electric current or water meter to be installed in the Premises so as to measure the amount of excess electric current or water consumed by Tenant. The cost of any such meter and of the installation, maintenance and repair thereof shall be paid by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor the cost of all utilities used such excess water and electric current consumed, as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the excess electric current or water so consumed. (c) Upon request by Tenant in accordance with the procedures established by Landlord from time to time for furnishing HVAC service at the Demised Premises directly times other than Business Hours, Landlord shall furnish such service to the applicable public utility provider, except if the monthly cost for electricity Tenant and gas exceeds $5,000, Tenant shall pay for such services on an hourly basis at the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of then prevailing rate established for the HVAC system serving the Premises and may use the security system serving the BuildingBuilding by Landlord. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. (d) In the event of a an interruption in or failure or interruption inability to provide any of the services or utilities within described in this Section 20 (a "Service Failure"), such Service Failure shall not regardless of its duration, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability of consequential damages or loss of business by Tenant or, except as provided herein, entitle Tenant to an abatement of rent or to terminate this Lease. (1) If any Service Failure not caused by Tenant or its representatives prevents Tenant from reasonably using a material portion of the Premises and Tenant in fact ceases to use such portion of the Premises, Landlord Tenant shall promptly repair or remediate be entitled to an abatement of Base Rent and additional rent with respect to the cause portion of the utility Premises that Tenant is prevented from using by reason of such Service Failure in the following circumstances: (i) if Landlord fails to commence reasonable efforts to remedy the Service Failure within ten (10) business days following the occurrence of the Service Failure and such failure or interruption has persisted and continuously prevented Tenant from using all means within Landlord’s commercially reasonable controla material portion of the Premises during that period, Landlord hereby acknowledging that the abatement of rent shall commence on the eleventh business day following the Service Failure and continue until Tenant is no longer so prevented from using such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use portion of the Premises. If ; and (ii) if the responsibility for repair or remediation Service Failure in all events is that not remedied within thirty (30) days following the occurrence of the utility company or other entity, Landlord shall promptly take reasonable measures to cause Service Failure and Tenant in fact does not use such utility company or other entity to repair or remediate the cause portion of the utility failure Premises for an uninterrupted period of thirty (30) days or interruptionmore by reason of such Service Failure, the abatement of rent shall commence no later than the thirty-first clay following the occurrence of the Service Failure and continue until Tenant is no longer so prevented from using such portion of the Premises. E. (2) If a Service Failure is caused by Tenant shall be responsible for all of or its janitorial and cleaning services for the Demised Premises at Tenant’s expenserepresentatives. Tenant shall provide not be entitled to an abatement of rent or to terminate this Lease as a service for result of any such Service Failure. (3) Notwithstanding Tenant's entitlement to rent abatement under the collection preceding provisions, Tenant shall continue to pay Tenant's then current rent until such time as Landlord and Tenant agree on the amount of refuse the rent abatement. If Landlord and garbage Tenant are unable to agree on the amount of such abatement within ten (10) business days of the date they commence negotiations regarding the abatement, then either party may submit the matter to binding arbitration pursuant to Sections 1280 et seq. of the California Code of Civil Procedure. (4) In addition to the foregoing provisions, if there is a Service Failure not caused by Tenant or its representatives and such Service Failure prevents Tenant from conducting its business in the Premises, at Tenant’s expensePremises in the manner in which Tenant intends to conduct such business, and (i) Landlord shall provide fails to commence reasonable efforts to remedy the Service Failure within ninety (90) days following the occurrence of the Service Failure, or (ii) the Service Failure in all events is not remedied within one (1) year following its occurrence and Tenant with a locationin fact does not conduct any business in the Premises for an uninterrupted period of one (1) year or more, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install terminate this Lease by written notice delivered to Landlord within ten (10) business days following the event described in clauses (i) or (ii) above giving rise to the right to terminate. (5) Where the cause of a generator on Service Failure is within the Property for its exclusive use subject control of a public utility or other public or quasi-public entity outside Landlord's control, notification to (a) Landlord’s approval such utility or entity of the plans therefor Service Failure and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, request to remedy the installation of an internal transfer switch for failure shall constitute "reasonable efforts" by Landlord to remedy 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseService Failure.

Utilities. A. Landlord agrees to cause During the necessary mainsterm of THIS AGREEMENT, conduits and other facilities to be provided to make heatingBUSINESS shall pay for all normal utility services, ventilation, air-conditioningincluding heat, water, sewer, natural gas, phone electricity, sewer usage, trash pick-up and electricity available the like, with all such services billed directly to BUSINESS. OWNER shall not be liable in damages or otherwise for any failure to furnish or interruption in the supply of any utilities desired by BUSINESS. In the event BUSINESS shall install any equipment requiring additional utilities, the cost of installation for any such utility transmission lines, cables, hoses, pipes or receptacles for the same shall be at BUSINESS’s expense, with such installation first being approved by OWNER. In the event BUSINESS shall require any additional service lines, wiring, piping, security devices, cooling or any other modifications to the Demised Premises services located on THE PREMISES, all design and installation shall be supervised and approved by OWNER or OWNER’s agents. All costs incurred by OWNER for the supervision of design and installation shall be reimbursed by BUSINESS to make available OWNER upon presentation of any bills, statements or invoices designating such costs. SECTION SIX: INSURANCE OWNER shall keep THE PREMISES insured against loss or damage by fire, lightning or the elements to Tenant heatingthe extent of the full insurable value thereof, ventilationincluding all products of RENOVATION ACTIVITIES made by either party hereto and which have become a part of THE PREMISES as set forth herein. BUSINESS shall reimburse OWNER for the cost of any such premiums paid within thirty (30) days following OWNER’s presentation of invoices for the same to BUSINESS. BUSINESS shall obtain and maintain insurance on the personal property placed on THE PREMISES at the expense of BUSINESS. OWNER shall have no responsibility for the loss of any personal property of BUSINESS maintained on THE PREMISES. BUSINESS, air-conditioningat BUSINESS’s own expense, water, sewer, gas, phone and electrical services agrees to maintain at all times during the Term term of this LeaseTHIS AGREEMENT and during any use, occupancy or possession of THE PREMISES prior to the commencement of the term of THIS AGREEMENT, public liability and property damage insurance, providing for limitations of not less than One Million Dollars ($1,000,000.00) for injury or death to any one person and not less than One Million Dollars ($1,000,000.00) for injury or death occurring to more than one person as the result of one accident and not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for property damage which may occur as a result of BUSINESS’s use of THE PREMISES. Landlord Such insurance policies shall be responsible in the form commonly known as “Comprehensive General Liability.” BUSINESS further agrees to indemnify and hold OWNER harmless from all claims for personal injuries, death and property damages which occur as the result of BUSINESS’s use of THE PREMISES, in and about THE PREMISES, or which result from any work done in and about THE PREMISES by BUSINESS or any contractor selected by or for BUSINESS. All insurance required by THIS AGREEMENT shall be obtained from a company approved by OWNER, and a certificate evidencing the issuance of such policy or policies, together with evidence of the payment of premiums, shall be delivered to OWNER before the commencement of the term of THIS AGREEMENT. Not less than thirty (30) days prior to the expiration of any insurance policy required of BUSINESS under the terms of THIS AGREEMENT, BUSINESS shall deliver to OWNER evidence of renewal of such policy or policies or a new certificate, together with evidence of the payment of premiums for the renewal, or new policy, as the case may be. All such insurance required herein shall contain an agreement by the insurance company that the policy or policies will not be canceled, or the coverage changed without ten (10) days prior written notice to OWNER. The liability insurance policy or policies required under the terms of THIS AGREEMENT shall name OWNER and BUSINESS as insureds. SECTION SEVEN: RENOVATION ACTIVITIES Upon completion of the construction proposed in the Development and Contingency Agreement executed contemporaneously herewith, BUSINESS agrees to accept THE PREMISES in their present condition “as is,” without calling upon OWNER to make any further expenditures or to perform any work for the preparation of THE PREMISES for BUSINESS’s intended use. BUSINESS shall not order RENOVATION ACTIVITIES or permit RENOVATION ACTIVITIES to be performed on THE PREMISES, or any part thereof, except by and with the prior written consent of OWNER, which consent shall be in OWNER’s sole discretion. All RENOVATION ACTIVITIES performed on THE PREMISES shall be made in accordance with all utilities used by Tenant applicable laws and shall at once when made or installed be deemed to have attached to THE PREMISES and to become the property of OWNER and shall remain for the benefit of OWNER at the Demised Premises directly end of the term, or other expiration of THIS AGREEMENT, in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if, prior to the applicable public utility providertermination of THIS AGREEMENT or within fifteen (15) days thereafter, except if OWNER so directs, BUSINESS shall promptly remove the monthly cost for electricity additions, improvements, fixtures and gas exceeds $5,000installations which were placed on THE PREMISES by BUSINESS and which are designated in said notice and repair any damage occasioned by such removal, Tenant shall pay the excess amount directly to Landlord as additional rent hereunderand, in default thereof, OWNER may effect said removal and repairs at BUSINESS’s expense. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event OWNER consents to any such RENOVATION ACTIVITIES as herein provided, BUSINESS shall indemnify and hold OWNER harmless from all expense, liens, claims or damages to either persons or property arising out of a failure or interruption resulting from the undertaking of utilities within RENOVATION ACTIVITIES. In the Premisesevent BUSINESS shall require any RENOVATION ACTIVITIES or any other modifications to THE PREMISES, Landlord all design and renovation shall promptly repair be supervised and approved by OWNER or remediate OWNER’s agents. All costs incurred by OWNER for the cause supervision of the utility failure design and renovation shall be reimbursed by BUSINESS to OWNER upon presentation of any bills, statements or interruption using invoices designating such costs. BUSINESS shall indemnify and hold OWNER harmless against any and all means within Landlordbills for labor performed and equipment, fixtures and materials furnished to BUSINESS in connection with said work as aforementioned and against any and all liens, bills or claims therefore or against THE PREMISES and from and against all loss, damages, costs, expenses, suits, claims and demands whatsoever. BUSINESS will not permit any mechanic’s, materialman’s commercially reasonable control, Landlord hereby acknowledging that such 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 entitylien to stand against THE PREMISES for work or material furnished to BUSINESS, 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant provided that BUSINESS shall have the right to install contest the validity of any lien or claim if BUSINESS shall first have posted a generator on the Property for its exclusive use subject bond to (a) Landlord’s approval insure that, upon final determination of the plans therefor validity of such lien or claim, BUSINESS shall immediately pay any Judgment rendered against BUSINESS with all proper costs and location thereof charges and (b) Tenant obtainingshall have such lien released without cost to OWNER. Any and all RENOVATION ACTIVITIES shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of THE PREMISES or change the purpose for which THE PREMISES, or any part thereof, may be used. Should any governmental agency, bureau, division or otherwise require RENOVATION ACTIVITES to THE PREMISES, pertaining to BUSINESS’s use of THE PREMISES, such RENOVATION ACTIVITIES shall be promptly constructed by BUSINESS, at its BUSINESS’s sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch upon first contacting OWNER 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenseapproval.

Utilities. A. Landlord agrees to cause (a) To the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioningextent gas, water, sewer, gaselectricity, phone telecommunications, and electricity available to other energy, utilities and services used or consumed on the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Lease Term of this Lease. Landlord are separately metered, Tenant agrees that it shall be responsible for the payment of pay all utilities used by Tenant at the Demised Premises charges and deposits directly to the applicable public utility provider. To the extent the Premises are not separately metered for any such utilities and/or services, except if then Tenant shall pay to Landlord not later than ten (10) days after written demand is made by Landlord such amount(s) as may be reasonably estimated by Landlord from time to time for the monthly cost for electricity and gas exceeds $5,000costs of utilities and/or services serving the Premises. Landlord reserves the right (at Landlord’s expense) to separately meter any utilities used or consumed on the Premises at any time to the extent such utilities are not now so separately metered. For those utilities that are separately metered as of the Commencement Date or become separately metered during the Lease Term as aforesaid, Tenant shall make arrangements with appropriate utility or service companies, and Tenant shall promptly pay all costs with respect to same, such payments to be made, to the excess amount extent possible, directly to the utility or service provider or to the appropriate party charged with collecting the same. It is understood and agreed that Landlord as additional rent hereunder. Tenant (i) shall have 24-hours, 7-days per week control of the HVAC system serving be under no obligation whatsoever to furnish any such utilities or services to the Premises and may use (ii) shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the security system serving supply of the Buildingsame. B. In (b) Upon written request from time to time, Tenant shall provide Landlord with evidence that all utilities are paid current. Tenant may, with the express prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned, or delayed), bring utilities or services that are not currently at the Building to the Premises, subject to all applicable Laws and approvals. (c) Landlord shall have no responsibilities, obligations, or liabilities for any failure or interruption of any of the services described in this Section 5.3, or for any failure or inability to make any repairs or replacements, if such failure, interruption or inability arises out of or results from Force Majeure or any other causes beyond the reasonable control of Landlord. Without limiting the foregoing, in no event shall Landlord ever be liable to Tenant for the qualityany lost profits, quantity, or for any indirect or consequential damages. No failure or interruption omission on the part of utilities Landlord to furnish any of the services described in this Section 5.3 shall be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement or reduction of, or offset against, Rent (except as expressly set forth in this Section 5.3, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its obligations and covenants under this Lease. (d) Notwithstanding anything to the Demised Premisescontrary contained in this Lease, unless if the Premises shall lack any service which Landlord is required to provide hereunder, which lack of service renders the Premises or a portion thereof untenantable (a “Service Interruption”), such that the continued operation in the ordinary course of Tenant’s business is materially adversely affected for and beyond the Landlord Service Interruption Cure Period (as hereinafter defined), and if Tenant ceases to use the affected portion of the Premises during such period of untenantability (the “Service Interruption Period”) as the direct result of such lack of service, then, provided neither such Service Interruption nor Landlord's inability to cure such Service Interruption is caused by the gross negligence fault or willful misconduct neglect of Landlord Tenant or its Tenant's agents, employees or contractors. D. In , then provided that Tenant makes written demand therefor within ninety (90) days following the end of the Service Interruption, Base Rent and Additional Rent shall be abated for the Service Interruption Period in proportion to such untenantability until such condition is cured sufficiently to allow Tenant to occupy the affected portion of the Premises. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as five (5) consecutive business days after Landlord’s receipt of written notice from Tenant of the condition causing the Service Interruption, provided, however, that the Landlord Service Interruption Cure Period shall be ten (10) consecutive business days after Landlord’s receipt of written notice from Tenant of any such condition causing a Service Interruption if the condition was caused by causes beyond Landlord’s control or if Landlord is unable to cure such condition as the result of causes beyond Landlord’s control. The provisions of this Section 5.3(d) shall not apply in the event of untenantability caused by fire or other casualty, or taking. The remedies set forth in this Section 5.3(d) shall be Tenant's sole remedies 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 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 interruptionService Interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Landlord LANDLORD is responsible for providing the following utilities only: GARBAGE. The TENANT agrees to cause pay all charges and deposits for all other utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or trash removal is considered a utility under this lease. If the necessary mainsutilities which TENANT is responsible for are still in LANDLORD'S name at the time TENANT takes occupancy, conduits and other facilities TENANT agrees that LANDLORD shall order such utilities to be provided terminated. In the event a condominium association or homeowners association is currently providing any services to make heatingthe unit such as cable, ventilationsatellite TV, air-conditioningalarm monitoring, internet, water, sewer, gastrash, phone guarded security gate or other services and electricity available the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to the Demised Premises and replace, provide or pay for these removed services for TENANT. TENANT may opt to make available pay for non-essential services but shall be required to Tenant heating, ventilation, air-conditioning, pay for essential services including but not limited to water, sewersewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, gasif the municipality or county decides to connect the premises to city/municipality water, phone and electrical services during the Term of this Lease. Landlord TENANT agrees that TENANT shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if paying for the monthly cost for electricity water ▇▇▇▇ and gas exceeds $5,000, Tenant monthly sewer ▇▇▇▇ if no longer on septic and shall pay place the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, water/sewer utility in TENANT’S name unless caused prohibited by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or municipality to avoid any 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 prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premisesin service. If TENANT surrenders the responsibility for repair premises early, abandons the premises, or remediation is that of the utility company or other entityevicted, Landlord TENANT 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 shall be remain responsible for all accruing utility charges otherwise the responsibility of its janitorial and cleaning services for the Demised Premises at Tenant’s expenseTENANT under the lease. Tenant shall provide a is responsible for any cost related to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if Tenant chooses to have phone land line service for and/or cable service. TENANT. TENANT agrees that only the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator following vehicles will be parked on the Property for its exclusive use subject to (a) Landlord’s approval of the plans therefor premises: 2018 Toyota Camry and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense2017 Toyota RAV4.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be Except where provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000contrary below, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hoursbe responsible, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense, for obtaining all utility connections at or for the Premises and Tenant shall pay all charges for water, electricity, gas, sewer, telephone or any other utility connections, impact fees, tap-in fees and services furnished to the Premises during the term hereof. Tenant agrees to contact all utility service providers prior to any excavation or digging on the Premises or the premises in and around the Premises. Landlord shall in no event be liable or responsible for any cessation or interruption in any such utility services. A. Notwithstanding the foregoing, Landlord and Tenant hereby acknowledge and agree to the terms and conditions contained in Exhibit D – Utility Expense Reimbursement Addendum attached hereto and incorporated herein by reference wherein it sets forth which utility services will be provided and paid for by the Landlord and subsequently reimbursed by ▇▇▇▇▇▇ upon demand. B. If Tenant is the responsible party for obtaining any of the utility connections at or for the Premises, any access or alterations to the Premises or to the Airport necessary to obtain any of such utility connections may be made only with Landlord's prior consent and at ▇▇▇▇▇▇'s sole expense. C. In the event Tenant fails to pay any utility or connection charges for which Tenant is responsible, Landlord shall have the right (but not the obligation) to pay or cause to be paid such charges, fees or expenses, incurred by ▇▇▇▇▇▇ and the costs thereof expended by or caused to be expended by Landlord plus interest thereon as provided in Paragraph 40 of this Lease shall be paid by Tenant upon written demand. D. Prior to executing this Lease Tenant acknowledges that it has, at its sole costs and expense, determined that all necessary utilities are available to the Premises and are adequate for Tenant's intended commercial use, and that there are no other utility services needed or required by Tenant at the Premises in connection herewith. E. Landlord shall in no event be liable or responsible for any cessation or interruption in any utility services to the Premises.

Utilities. A. Landlord agrees LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or inuring to cause the LESSOR, including all permits, licenses or authorizations necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Leasein connection therewith. Landlord Such payments by LESSEE shall be responsible for the payment of all utilities used by Tenant at the Demised Premises made directly to the applicable public utility supplier or service provider, except that if such utilities should be supplied by the monthly cost for electricity and gas exceeds $5,000LESSOR, Tenant shall then in this event, LESSEE will pay those costs to LESSOR within thirty (30) days after receipt of LESSOR’S invoice. Unless otherwise agreed upon in writing, if LESSEE requires utilities beyond that currently provided or that are available to be extended to the Premises boundary, ▇▇▇▇▇▇ agrees to pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control full cost and expense associated with the upgrade/extension/installation of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption all such utilities of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly and to comply with all provisions for maintaining such utilities. The LESSOR reserves for itself the right to upgrade, extend, install, maintain and repair all utilities and services on or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from across the Premises, at Tenant’s expensewhether or not such services or utilities are for the benefit of LESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, and Landlord shall provide Tenant with a locationavoid to the greatest extent possible any unreasonable interference or interruption to LESSEE’s operations. All electrical, at data and communications utilities installed or caused to be installed shall be underground, and no cost to Tenantutility services or other cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, for the placement of a receptacle for Tenant’s refuse all utilities and garbage. F. Tenant shall have the right to install a generator conduits or ducts installed by anyone on the Property Premises shall be considered fixtures as defined under Section 22, Title to Facilities, Improvements and Fixtures, and shall become the owned property of LESSOR. All utility facilities installations shall meet the requirements of Section 18, Future Alteration and Improvement Standards of this Agreement. Wastes not legally permitted and authorized for its exclusive use subject 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. LESSEE shall take all reasonable precautions to (a) Landlordprevent the discharge of material into any drainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. A copy of LESSEE’s approval of the plans therefor Stormwater Pollution Prevention Plan and location thereof Spill Prevention Control and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent Countermeasure Plan shall be submitted to the BuildingLESSOR upon the LESSOR’s electrical closet. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expenserequest.

Utilities. A. 3.5.1 Landlord agrees shall have the right from time to cause time to select the necessary mainscompany or companies providing electricity, conduits gas, fuel, and other facilities similar utility services to the Building; provided that any such company shall provide utility services to the Building (and its tenants) upon terms which reflect competitive arms-length market rates for comparable services. Tenant shall contract directly and pay for Telecommunication Services used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such Telecommunications Services. If any such service is not separately metered to the Premises or is not otherwise separately accounted for and billed to Tenant, the cost therefor shall be an Operating Cost under this Lease. However, notwithstanding the foregoing, nothing in this Lease shall require Tenant to use any utility service provider selected by Landlord where such utility service can be provided to make heatingTenant and/or the Premises independent of the delivery of such service to other tenants in the Building; provided that, ventilationwith the exception of Telecommunication Services, air-conditioning, water, sewer, gas, phone and electricity available if the effect of Tenant's obtaining such utility service independent of Landlord's delivery of such service to other tenants in the Building is to increase the per unit cost of such service to the Demised Building, Tenant shall reimburse Landlord for such increase in cost, and the Operating Costs for the Base Year shall be reduced by the cost of such utility service provided to the Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term Base Year. If during any Year Landlord commences to provide Telecommunications Services or cable television services that were not included in Operating Costs during the Base Year, the Operating Costs for the Base Year will be increased to include Landlord's reasonable estimate of the cost of such services that would have been incurred during the Base Year had such service been provided. 3.5.2 Tenant acknowledges that space on the Building rooftop and in Building risers, equipment rooms and equipment closets is limited. If Tenant requires Telecommunication Services for the Premises other than from the provider or providers of Telecommunication Services selected by Landlord and whose Telecommunication Facilities are installed in or about the Building or on the rooftop of the Building, provision for alternate or supplemental Telecommunication Services or Telecommunication Facilities has been made in Exhibit H attached to and made part of this Lease. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord's advance, written consent (which consent shall not unreasonably be withheld, conditioned or delayed) and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant for such purposes and setting forth the scope, the additional rent, if any, and the other terms and conditions of that license, and (c) Tenant negotiating and obtaining the right, if any is required, to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may reasonably require, (2) be subject to such procedures, regulations and controls as the Landlord may reasonably specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the payment failure of, diminution of all utilities used by Tenant at the Demised Premises directly or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord Landlord, its agents or its agents, employees contractors or contractors. D. In the event of by a failure in facilities, equipment or systems in the Landlord's ownership. To the extent that Landlord bears any responsibility for any such interruption, deprivation or reduction in utility or building services to the Premises and such failure of, diminution of, or interruption in services causes Tenant to be deprived of utilities within the Premises, Landlord shall promptly repair or remediate the cause all reasonable use of the utility failure Premises for more than three (3) consecutive Business Days, Landlord's responsibility and Tenant's remedy shall be limited to an abatement in Base Rent for the period beginning with (a) the day of such interruption, deprivation or interruption using reduction and ending on (b) the date such interruption, deprivation or reduction that is Landlord's responsibility is not causing Tenant to be deprived of all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such 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. 3.5.4 The Tenant Improvements shall be responsible include a supplemental HVAC system for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from 's 300 to 500 square foot data center in the Premises, at Tenant’s expense, which shall be separately metered for electricity and Landlord shall provide billed directly to Tenant with a location, at no cost to Tenant, for by the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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 thereforutility company. Such installation may include, at separate metering and billing shall not reduce Tenant’s election, 's Pro Rata Share or the installation of an internal transfer switch for the generator in the room adjacent Operating Costs Allocable 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expensePremises.

Utilities. A. (a) Electricity shall not be furnished by Landlord, but shall be furnished by an electric utility company serving the area in which the Building is located. Landlord agrees shall permit Tenant to cause receive such service directly from such utility company at Tenant's cost, and shall permit Landlord's wire and conduits, to the necessary mainsextent available, conduits suitable and other facilities safely capable, to be provided used for such purposes. Tenant shall make all necessary arrangements with the utility company for metering and paying for electric current furnished by it to Tenant, and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant's occupancy thereof. Tenant shall make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available no alterations or additions to the Demised Premises electric equipment or appliances without the prior written consent of Landlord in each instance. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Building or the risers or wiring installed thereon. (b) During the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity Lease and gas exceeds $5,000any extension thereof, Tenant shall at its own cost and expense pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control for any and all utilities and services necessary for its use and operation of the HVAC system serving Premises, including without limitation charges for electricity, water, fuels, scavenger service, gas, light, heat, telephone, power and other utilities and communication services rendered or used on or about the Premises, and any fees, costs, charges, or assessments levied with respect to the Premises pursuant to covenants contained in any industrial park declaration recorded against the title to the Premises relating to any events occurring between (i) the earlier of Tenant's possession of the Premises and may use the security system serving Commencement Date, and (ii) the later of Tenant vacating the Premises and the expiration of the Term, or the earlier termination of this Lease in accordance with the terms and conditions of this Lease. (c) Tenant agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, water or other services at the Building. B. In no event shall Landlord be liable for the quality, quantity, failure by any accident or interruption casualty whatsoever (other than as a result of utilities to the Demised Premises, unless caused by the Landlord's gross negligence or willful misconduct misconduct), by the act or default of Landlord Tenant or its agentsother parties, employees or contractors. D. In by any cause beyond the event reasonable control of a failure Landlord; and such failures or interruption delays shall never be deemed to constitute an eviction or disturbance of utilities within the Premises, Landlord shall promptly repair or remediate the cause Tenant's use and possession of the utility failure Premises or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility for repair relieve Tenant from paying Rent 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 shall be responsible for all performing any of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbageobligations under this Lease. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. During the Lease Term, Landlord agrees to cause the shall provide and maintain necessary mains, conduits ducts, conduits, cables and other facilities lines in order to be provided to make heating, ventilation, air-bring heating and air conditioning, water, sewer, gas, phone electricity and electricity available sewer to the Demised Premises Premises. The installation of telephone service and to make available to Tenant heatingof all means of distribution of other utilities within the Premises, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant performed at the Demised Premises directly to the applicable public Tenant's expense. If any utility provider, except if the monthly cost for electricity and gas exceeds $5,000service is separately metered, Tenant shall pay the excess amount utility company directly for the cost of such service to the Premises, including minimum service charges, whether or not the Premises are in use by Tenant at the time of the furnishing of such service. If any utility service is metered in common with other tenants, Landlord shall pay directly for the cost of the utility services, Tenant shall reimburse Landlord for its pro rata share of such costs (based on the rentable area of the Premises and the rentable area of the other showrooms using the common utility services during the period being invoiced), as additional rent hereunderAdditional Rent, within twenty (20) days after written demand therefor by Landlord, accompanied by appropriate invoices from the utility company. Tenant shall have 24-hours, 7-days per week control of comply with all instructions received from Landlord concerning the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or 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 systems. Landlord shall not be liable to Tenant for any damages resulting from interruption or termination of utility service by reason of necessary repairs or improvements or for any cause beyond the reasonable control of Landlord; nor shall any such interruption using all means within Landlord’s commercially reasonable controlor termination relieve Tenant from the performance of its obligations under this Lease Agreement. Landlord agrees, however, that if Tenant suffers any loss or damage as a result of a loss of utilities, Landlord hereby acknowledging will make reasonable efforts to assign and transfer to Tenant (at Tenant's expense): (1) any right or claim which Landlord has against a third party for such loss or damage; and (2) any insurance proceeds received by Landlord on account of such or any related loss or damage, but only to the extent that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use claim(s) or insurance proceeds remain after and exceed full payment of the Premises. If the responsibility for repair any loss 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 interruptiondamage suffered by Landlord. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal shall be at Tenant’s sole cost and expense.

Utilities. A. Electricity Service ------------------- (1) Landlord agrees to cause shall contract directly with the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to public utility company for electric service for the Demised Premises and to make available to Premises. Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used the cost of such electric service. Such electric service may be furnished to Tenant by means of the then existing electrical facilities serving the Premises to the extent that the same are available, suitable and safe for such purposes. Landlord may, prior to the commencement date, install a sub-meter to measure Tenant's electric usage and Tenant shall pay for such electric usage at the Demised Premises directly same rate charged to Landlord by the utility company. (2) Any additional feeders or risers to be installed to supply Tenant's additional electrical requirements, and all other equipment proper and necessary in connection with such feeders or risers shall be, at Landlord's option, installed by Landlord upon ▇▇▇▇▇▇'s request, at the sole cost and expense of Tenant (including a connection fee of Three Hundred Fifty Dollars ($350.00) per kilovolt ampere, provided that, in Landlord's reasonable judgment, such additional feeders or risers are necessary and are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the applicable Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or materially interfere with or disturb other tenants or occupants of the Building. Tenant covenants that, at no time, shall the use of electrical energy in the Premises exceed the capacity of the existing feeders or wiring installations then serving the Premises. Tenant shall not make or perform or permit the making or performance of any alterations to wiring installations or other electrical facilities in or serving the Premises or any additions to the business machines, office equipment or other appliances in the Premises which utilize electrical energy without the prior consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. (3) Landlord shall not be liable to Tenant in any way for any interruption, curtailment or failure, or defect in the supply or character of electricity furnished to the Premises by reason of any requirement, act or omission of Landlord or of any public utility provideror other company servicing the Building with electricity or for any other reason, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross Landlord's negligence or willful misconduct of misconduct. Landlord or its agents, employees or 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 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 reserves the right to install a generator on the Property for its exclusive use subject estimate electric costs and Tenant specifically agrees to (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. Such installation may include, at Tenant’s election, the installation of 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 the Sublease. Approval, installation and removal pay estimated costs which shall be at Tenant’s sole cost and expenseconfirmed by an outside source no less than twice yearly.

Utilities. A. Landlord agrees 7.01 Tenant shall (i) obtain, at Tenant's sole cost, all utilities and services that are required for Tenant to cause operate its business in the necessary mainsPremises and operate the Premises, conduits and other facilities to be provided to make heatingincluding, ventilationwithout limitation, air-conditioningall natural gas, heat, cooling, energy, light, power, sewer service, telephone, internet, water, sewer, gas, phone refuse disposal and electricity available other utilities and services supplied to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable (ii) pay, prior to delinquency, for the qualityall such utilities and services, quantity, failure or interruption of utilities and if Tenant fails to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premisestimely do so, Landlord shall promptly repair or remediate may, at its option (and without any obligation to investigate the cause validity of the utility failure or interruption using all means within Landlord’s commercially reasonable controlamounts due), Landlord hereby acknowledging that such 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. do so and Tenant shall be responsible for all reimburse Landlord therefor (plus interest at the Interest Rate until paid, including after the entry of its janitorial and cleaning services for the Demised Premises at Tenant’s expenseany judgment) upon demand. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on designate the Property service provider for its exclusive use subject to (a) any such services. If 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. Such installation may include, at Tenant’s election's written request, elects to provide any services which are not Landlord's express obligation under this Lease, including, without limitation, any repairs which are Tenant's responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the installation cost of an internal transfer switch providing such service plus, to the extent not prohibited by applicable Laws, a reasonable administrative charge. 7.02 Landlord shall not be liable for damages, consequential or otherwise, nor shall there be any rent abatement, arising out of any curtailment or interruption whatsoever in utilities or other services. Tenant shall neither hold, nor attempt to hold, Landlord or its employees or Landlord's agents or their employees liable for the generator breach or failure of any data, computer or telecommunication network, equipment, system or infrastructure. Notwithstanding the foregoing, if any interruption or failure of utility service is due solely to Landlord's gross negligence or intentional misconduct (a "Landlord-Caused Service Interruption") and continues for more than two (2) days after written notice thereof from Tenant to Landlord (such 2-day period, the "Eligibility Period and prevents Tenant from operating its business in the room adjacent Premises, then as Tenant's sole and exclusive remedy, Base Rent shall ▇▇▇▇▇ from the expiration of the Eligibility Period until the earlier of the date of restoration of service or the reopening of Tenant's business in the Premises; provided, however, if a Landlord-Caused Service Interruption continues beyond the Eligibility Period but only prevents Tenant from operating its business in a portion of the Premises, then Base Rent shall only so ▇▇▇▇▇ pursuant to this Article 7.02 in the proportion that the square footage of gross leasable area of the portion of the Premises that Tenant is prevented from using bears to the Building’s electrical closet. total square footage of gross leasable area of the Premises. 7.03 Tenant agrees to cooperate fully, at all times, with Landlord in abiding by all reasonable regulations and requirements which Landlord may elect prescribe to require Tenant remove conserve energy related services or for the generator proper functioning and restore protection of all utilities and services reasonably necessary for the Property to its original condition at the termination operation of the Sublease. Approval, installation Premises and removal shall be at Tenant’s sole cost and expensethe Building.

Utilities. A. Tenant shall be billed directly by Landlord agrees as Additional Rent for the costs of Aggregate Direct Electric Loads in a manner consistent in all material respects with the then manner of billing for electrical service provided by the local electric utility company and in accordance with the then applicable pricing structures and rate schedules as filed by such utility with the applicable governmental authority from time to cause time. 3.5.1 Notwithstanding the necessary mainsforegoing, conduits and other facilities if the Metering Equipment — Tenant Space in installed in such a manner so as to be provided to make heatingnot capture Systems Efficiency Losses, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible have a right to add an amount reasonably determined by landlord to Tenant’s Aggregate Direct Electric Loads sufficient to compensate Landlord for the payment of all utilities used by Tenant at the Demised Premises directly actual System Efficiency Losses attributable to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant’s Aggregate Direct Electric Loads. 3.5.2 Tenant shall pay a proportionate share of all Ancillary Utility Costs, which proportionate share shall be a fraction expressed as a percentage, the excess amount directly to Landlord as additional rent hereunder. Tenant numerator of which shall have 24-hours, 7-days per week control be Tenant’s Aggregate Direct Electric Loads and the denominator of which shall be the sum of the HVAC system serving Aggregate Direct Electric Loads for all of the Premises and may use the security system serving tenants then operating in the Building. B. In no event shall 3.5.3 Notwithstanding the foregoing, if Landlord reasonably determines that the method of calculating Aggregate Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs is inadequate to capture the costs related to same that should otherwise be liable for the quality, quantity, failure or interruption of utilities attributable to the Demised PremisesTenant Space, unless caused by the gross negligence or willful misconduct of Landlord or its agentsand Tenant shall mutually agree on a different formula/calculation, employees or contractors. D. In as necessary, to appropriately capture such costs. Additionally, in the event of a failure that Landlord determines that it is no longer commercially impractical to separately meter some 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 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 shall be responsible for all of its janitorial and cleaning services for Unmetered Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs, then Landlord may cause the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall 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 right to install a generator on the Property for its exclusive use subject to (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. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent equipment related to the Building’s electrical closet. Landlord may elect foregoing to require be separately metered to the Tenant remove the generator and restore the Property to its original condition Space at the termination of the Sublease. Approval, installation and removal shall be at TenantLandlord’s sole cost and expense. In either event, Landlord and Tenant shall execute an amendment to this Lease reflecting such modification. For the avoidance of doubt, it is the intent of the parties that this Section 3.5 represents a mechanism only for Landlord’s cost recovery with regard to utilities (including electrical power) serving, provided to and/or used in or for the Tenant Space, and that there is no intent for Tenant’s Utility Payment to include any element of profit to Landlord in connection therewith.

Utilities. A. Landlord ▇▇▇▇▇▇ agrees to cause be responsible for, place in his or her name and pay for all utilities indicated in the necessary mainstable above, conduits Section 8, as being his/her responsibility, as of the date of move-in, or the Beginning Date, whichever comes first; and other facilities maintain said service UNTIL THE DAY AFTER either the Ending Date, or move-out, whichever is applicable, to be provided allow Owner to make heatingeffect inspection, ventilationcleaning, air-conditioningand repairs. In the event Lessee fails to establish or maintain or pay for utility services as defined by this Lease, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term such failure shall constitute a material breach of this Lease. Landlord , and owner shall be responsible entitled to pay such utilities and charge fees based on the fees and assessments table below. Owner shall, however, be under no obligation to establish, maintain or pay for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public such utility providerservices, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use disconnect service or allow the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities companies to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. disconnect service without notice. In the event Owner pays for utilities, but they are shut off because of the action or inaction of a failure or interruption of utilities within previous Lessee, Owner shall make reasonable efforts to have utility service reestablished; Lessees understand that utility company responses are not instantaneous, and that it may take a few days to get service reestablished in such cases. Lessees shall use the Premisesutility systems supplied by Owner, Landlord shall promptly repair or remediate if any, only for ordinary household appliances and household uses. Should electric service be Lessee's responsibility, Lessees agree to pay the cause electricity for exterior lights, sump pumps, garage, and other lighting, hot tub if present, and any other services necessary to the safety and maintenance of the utility failure or interruption using all means within Landlord’s commercially reasonable controlProperty, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premisesif any. 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 shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant Owner shall have the right to install use such utilities as necessary for upkeep and improvement of its properties. In properties where Lessees pay utilities, proof of utility conversion into a generator Lessee's name is required to take possession. SAMPLE If Lessee is responsible for utility payment, and moves out without settling final payment with a utility company such that service is not transferred to Owner or new residents (as appropriate), and service is subsequently disconnected, Lessee shall be responsible for costs incurred to remedy the stoppage. Water/sewage, electric, and/or gas services are not separately metered on the Property some multiunit properties. In such a case, as indicated above Section 8, Owner shall pay for its exclusive use subject to (a) Landlord’s approval one or more of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch these utility services for the generator entire property, and ▇▇▇▇▇▇ agrees to pay Owner a fee allocated on a per unit basis per month for such utility services. In the event that owner has agreed to pay utility costs, as indicated 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 Section 8 above, maximum annual utility usage is capped at the termination amount indicated in Section 8 above. Any usage above this amount may be billed to lessees as additional rent. Owner’s or Management’s computerized records of the Sublease. Approval, installation and removal utility payments shall be at Tenant’s sole cost sufficient to establish such overages. If Owner is paying utilities, Residents have an affirmative responsibility to report any source of excess usage, specifically including, but not limited to, leaking or malfunctioning toilets, leaking faucets, malfunctioning HVAC systems, and expensethe like. In the event that utility billing periods do not coincide with rental beginning and ending dates, owner shall prorate bills on a per diem basis for the purpose of tracking utility caps indicated in Section 8.