Common use of Utilities Clause in Contracts

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant Subtenant shall pay promptly directly to the applicable provider, when due, for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered utilities exclusively serving the Subleased Premises and billed to Tenant. If any such services are equipment not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 utility installations, located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay any HVAC units). As to Landlord, in advance of installationall sub-metered utilities exclusively serving the Subleased Premises, the total 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), Subtenant shall reimburse Sublandlord, from time to time, for the actual cost of such installationutility service (including, without limitation, capacity charges, demand charges, taxes, and other fees), within fifteen (15) days after Subtenant’s receipt of a written invoice from Sublandlord, no more often than monthly. Landlord reserves Sublandlord has installed or shall promptly install separate meters or sub-meters measuring the right electricity furnished to interrupt Subleased Premises, Sublandlord’s Retained Space, the supply Sublandlord Exclusive Area and the Subtenant Exclusive Area; provided, Sublandlord may elect not to, at its option, separately meter or sub-meter the lighting system and/or any incidental outlets in the warehouse space of water, gas, electric and also sewer service and any other similar utilities the Building. Subtenant shall reimburse Sublandlord for the Demised reasonable cost of all meters and sub-meters installed by Sublandlord to measure electricity furnished to Subleased Premises when required by reason of accident or of repairsand/or the Subtenant Exclusive Area, alterations or improvementsany equipment therein, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinueand/or any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without notice to Tenantlimitation, any HVAC units), within thirty (30) days after Subtenant’s receipt of the utilities or services a written invoice from Sublandlord. Subtenant shall ensure that all electricity furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account equipment in the warehouse space that is part of the failure, discontinuance, interruption Subleased Premises is separately metered or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasesub-metered.

Utilities. SECTION 6.01. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay promptly during the Lease Term and prior to delinquency all charges for all water, gas, light, heat, light, power, sewer chargeselectricity, telephone installation utility hookupor other communication service, connection janitorial service, trash pick-up, sewer and service charges, sprinkler standby charges, and for all other services supplied to or consumed on the Premises (collectively the "Services") and utilities all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Demised Premises on and after shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination cost of the Term of this Lease, Tenant such Services shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered an Operating Expense 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 by Landlord, Tenant shall pay such cost to Landlord Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 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 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 acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent a reasonable proportion payable hereunder shall be equitably abated to be the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably 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 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 ) following 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, forty-eight (48) hour period until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursServices are restored. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for the cost of all water, gas, heat, light, power, sewer chargessewer, telephone installation utility hookuptelephone, connection and service charges, sprinkler standby chargesrefuse disposal, and for all other utilities and services and utilities supplied to the Demised Premises on and after Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, 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 Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and paid by Tenant, or if any such services are furnished and paid for by Landlord, other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord as Additional Rent Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of 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 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 is required shall have the right at anytime and from time to construct new time to contract for service from any company or additional companies providing electrical, telecommunication, or other utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, service to the Building. Tenant shall on demand pay 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 Landlordthe Premises and to the electric lines, in advance of installationfeeders, the total cost of such installation. Landlord reserves the right to interrupt the supply of waterrisers, gas, electric and also sewer service wiring and any other similar utilities machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for the Demised Premises when required any loss, damage or expense that Tenant may sustain or incur by reason of accident any change, failure, interruption, interference or defect in the supply or character of repairs, alterations the electricity or improvements, until such repairs, alterations or improvements shall have been completedother utilities supplied to the Premises. Landlord agrees makes no representation or warranty as to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any the suitability of the utilities or services furnished to the Demised Premises utility service for which Tenant fails to pay Tenant’s requirements, and no such discontinuance change, failure, defect, unavailability or unsuitability shall be deemed an constitute any actual or constructive eviction. SECTION 6.03, 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. Under no circumstances Landlord shall Landlord not be liable to in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseLease or xxxxx the rent due hereunder.

Utilities. SECTION 6.01Tenant shall pay all charges for water, sewer, gas, electricity and other utilities or like services used or consumed on the Premises (each, a “Utility Service” and collectively the “Utility Services”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with 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 promptly all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for all waterany check- or sub-metered utilities may be reasonably estimated monthly by Landlord, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection based on actual readings of sub — and service charges, sprinkler standby charges“check” meters where applicable, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten shall be paid monthly by Tenant within thirty (1030) days after being billed with a final accounting based upon actual bills received from the expiration or termination utility providers following the conclusion of each fiscal year 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 TermBuilding. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises for any and all services which are furnished costs to install and paid for by Landlord. If Landlord is required connect Utility Services from the Utility Switching Points to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installationPremises. Landlord reserves shall be under no obligation as to any Utility Services beyond the right foregoing responsibility to interrupt bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be liable for any interruption or failure in 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished Utility Services, except to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03extent expressly set forth below. Under no circumstances shall To the extent permitted by law, Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right at any time and from time to terminate this Leasetime during the Term to contract for or 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 proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable 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. [***]. [***].

Utilities. SECTION 6.01. Tenant shall pay promptly pay, prior to delinquency and throughout the Lease Term, all charges for all water, gas, heatheating, lightventilation, powerair conditioning, sewer chargescooling, telephone installation utility hookupsewer, connection telephone, electricity, garbage, janitorial service, landscaping and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement DatePremises, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination including Tenant’s Share of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services or utilities which are not separately metered for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall not be included in Operating Expenses and shall be paid directly by Tenant to such utility companies or third party providers prior to delinquency, or, to the extent Landlord is billed for such utilities, to Landlord within thirty (30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to and paid by TenantLandlord directly shall be paid by Tenant to Landlord within thirty (30) days after receipt of an invoice therefor or, at Landlord’s option and in its sole discretion, Landlord may estimate such charges and include such estimate in Landlord’s Estimate, in which event they shall be payable monthly by Tenant to Landlord along with other estimated Operating Expenses, subject to reconciliation annually as described in Section 4.05(c). All other charges for utilities and services shall be recoverable by Landlord to the extent provided in Article IV. The disruption, failure, lack or if shortage of any such services are furnished 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 paid for by Landlord, Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay to Landlord as Additional all Rent a reasonable proportion to be determined by Landlord of due hereunder, 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 without diminution, credit or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, 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 three (3) Business Days after receipt of written notice from Tenant specifying such failure, Landlord shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if (i) any interruption or cessation of utilities results solely from the gross negligence or intentional or willful misconduct of Landlord, or its employees, agents or contractors, and (ii) any loss of revenues resulting therefrom is not covered by business interruption insurance carried by Tenant, then, if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result of such interruption, and Tenant therefore actually ceases its business operations in the Premises, Base Rent and Additional Rent shall be abated for the period that commences on the fifth (5th) consecutive Business Day after the date of such interruption until such utilities are discontinued, at no fault restored. If the entire Premises have not been rendered untenantable by such interruption or cessation of the Tenant, for a consecutive period of 180 days services or moreutilities, the Tenant amount of abatement shall have the right to terminate this Leasebe equitably prorated.

Utilities. SECTION 6.01. Throughout the term of this Lease Tenant shall agrees to pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation water natural gas electricity and other utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied furnished to or consumed by Tenant in the Premises or due with respect to the Demised Premises on and after Property prior to the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, Landlord shall 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 commxxxxxg at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the provisions hereof. Tenant's rent shall not abate excexx xx the extent of Landlord, provided, however, 's recovery with regard to the Premises under its rental insurance if said utilities are discontinued, at no fault Tenant continues to nonetheless use any part of the Tenant, Premises for a consecutive period of 180 days or moreconducting its business, the Tenant rent shall have abate only xx xroportion to the right to terminate this Leasepart rendered untenantable and not so used.

Utilities. SECTION 6.01At all times throughout the Lease Term, Landlord will install and maintain or will cause to be installed and maintained systems which provide chilled and hot water to service Tenant's heating, ventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the aforesaid utilities; however, Tenant shall 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 promptly all charges for all wateruse or consumption of sewer, gas, heatelectricity, lightwater, powerscavenger and all other utility services (the "Utilities") with respect to the Premises. Landlord shall have the right, sewer chargesbut not the obligation, telephone installation utility hookup, connection and service charges, sprinkler standby chargesto furnish, and for all other in such event Tenant shall purchase from Landlord, any such utility services and utilities supplied as Landlord desires. If Landlord elects to the Demised Premises on and after the Commencement Date, together supply or contract with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Leaseother party to supply any such utility services, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through purchase and pay for the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord same as Additional Rent at a reasonable proportion to be rate determined and published 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 from time to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlordtime, provided, however, if that said utilities are discontinuedrate 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, at no fault Landlord shall deliver reasonable advance prior notice of such cessation, to the Tenant, for a consecutive period of 180 days or more, the end that Tenant shall have a reasonable opportunity to connect (or convert as the right case may be) to terminate this Leasean 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 Premises (with connections to main lines to be provided by Tenant) and shall be separately metered to and controlled by Tenant and shall be billed directly to Tenant by the applicable public utility.

Utilities. SECTION 6.01. Tenant shall arrange and pay promptly for all waterfuel, gas, heat, light, power, sewer chargeswater, telephone installation sewage, garbage disposal, telephone, and other utility hookup, connection and service charges, sprinkler standby charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, for all other services and utilities supplied the Premises 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 Demised Premises on and after Expiration Date. Notwithstanding the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Leaseforegoing, Tenant shall provide 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's sole remedies shall be at Landlord’s option to impose a Delay Fee, and/or to pay the delinquent utility costs (including any interest and penalties), and/or specific performance, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord with satisfactory evidence that all such utility charges have been paid through to enforce its rights under this Section. Tenant shall promptly reimburse Landlord for any payments made and costs incurred under this Section, plus a $500 (increasing 10% at the last day beginning of the Term11th full Lease Year and at the beginning of each 10th full Lease Year thereafter) administrative fee, interest at the Default Interest Rate and Legal Costs. Tenant agrees Notwithstanding anything to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If the contrary, should any such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. payment under this section result in a lien on the Fee Estate, then Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseremedies provided for Prohibited Liens.

Utilities. SECTION 6.01Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases, for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. Tenant The Seller shall pay promptly arrange for a final reading of all utility meters (covering gas, water, gassteam and electricity) as of the Closing, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied except meters the charges of which are payable by Tenants of the Properties directly to the Demised Premises on applicable utility company pursuant to such Tenants' Leases. The Seller and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the expiration or termination of the Term Seller's responsibility for such charges for utilities furnished to the Properties as of this Leasethe date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, Tenant the Seller shall provide Landlord with satisfactory evidence that pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such xxxx, pay all such utility charges have been paid through as evidenced by such xxxx or bills pertaining to the last day period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the TermClosing. Tenant agrees Monthly fees payable to immediately apply any Seller hereunder with respect to any Property for all applicable utilities to cable, internet or phone services for such Property shall be 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 by Landlord, Tenant shall pay to Landlord prorated 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, applicable Closing; provided, however, if said utilities are discontinuedthat any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, at no fault internet or phone services for each of the Tenant, Properties (except for a consecutive period of 180 days or morethe Xxxxxx Property, the Tenant Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), shall have not be prorated, and shall be the right property of such Seller, and Buyer shall remit any such sums to terminate this LeaseSeller immediately upon receipt thereof. With respect to the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) conduit access from the street to the data communication closets of the applicable Property and (ii) phone and coaxial wiring in each unit of such Property back to the central media panel in such unit.

Utilities. SECTION 6.0114.1 Tenant shall obtain all water, electricity, sewerage, gas, telephone and 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 promptly all utility deposits and fees, and all monthly service charges for all water, electricity, sewage, gas, heat, light, power, sewer charges, telephone installation and any other utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied furnished to the Demised Premises during the term of this lease. In the event any such utilities are not separately metered on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all then until such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any time as such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlordmetered, Tenant shall pay to Landlord Tenant's equitable share of the cost of such services, 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 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 is required shall furnish and install all piping, feeders, risers and other connections necessary to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirementsbring utilities to the perimeter walls of the Demised Premises. Anything to the contrary notwithstanding, 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 remain obligated for the Demised Premises when required by reason payment of accident or Tenant's pro rata share of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the heating costs and/or other utilities or services furnished to the Demised Premises for which Tenant fails Common Areas pursuant to pay and no such discontinuance shall be deemed an actual or constructive evictionSection 7.4. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the 14.2 Tenant shall have the right to terminate 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 Leaselease 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 proportionate abatement of all rental charges due hereunder, effective on the sixtieth day of such utility service failure. 14.4 Tenant shall not install any equipment which exceeds or overloads the capacity of the utility facilities serving the Demised Premises.

Utilities. SECTION 6.01. Tenant a. TENANT shall pay promptly 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 LANDLORD, including all waterpermits, gas, heat, light, power, sewer charges, telephone installation utility hookup, licenses or authorizations necessary in connection and service charges, sprinkler standby charges, and for all other services and utilities supplied therewith. Such payments by TENANT shall be made directly to the Demised Premises on and after utility supplier or service provider, except that if such utilities should be supplied by the Commencement DateLANDLORD, together with any taxthen in this event, excise or surcharge thereon. Within ten TENANT shall pay those costs to LANDLORD within thirty (1030) days after receipt of LANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the expiration 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 termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant owner. b. The TENANT agrees to immediately apply indemnify and hold LANDLORD harmless, in LANDLORD’S capacity as utility provider, for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenantdefects, failures, or if any such services are reduced, diminished, or cessation of service furnished and paid for by Landlord, Tenant shall pay 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 LANDLORD or additional utility installations, including, without limitation, wiring, plumbing, conduitsits suppliers, 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 LANDLORD further reserves the right to interrupt temporarily terminate the supply of watersupply, gasor shutdown utilities to, electric and also sewer service and any other similar utilities from, or upon the leased Premises if reasonably necessitated for the Demised Premises when required by reason of accident or purposes of repairs, alterations replacement, modifications, extensions, or improvementsthreats to public health, until such repairswelfare, alterations or improvements shall have been completed. Landlord and safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use its best efforts of the Premises, and to limit comply with all provisions for maintaining such interruptions to non-business hoursutilities. SECTION 6.02. Landlord can discontinued. The LANDLORD reserves for itself, without notice to Tenantand its utility providers, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseupgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption to TENANT’s operations.

Utilities. SECTION 6.01Section 11.1. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection As Additional Rent and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together in accordance with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term Article 2 of this Lease, Tenant shall provide Landlord with satisfactory evidence that pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all such utility charges have been paid through such as water, gas, electricity, telephone, telex and other electronic communications service, sewer service, waste-pick-up and any other utilities, materials or services furnished directly to the last day of building(s) in which the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services Premises are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 utility installationslocated, including, without limitation, wiring, plumbing, conduits, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Section 11.2. Landlord shall not be liable for and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay not be entitled to Landlord, in advance any abatement or reduction 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 rent by reason of accident any interruption or failure of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or utility services furnished to the Demised Premises for which Tenant fails to pay and no when such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality failure is caused by accident, breakage, repair, strikes, lockouts, or other labor disturbances or labor disputes of the utilities or services furnished to the Demised Premisesany nature, regardless of whether such utilities or services are furnished by Landlord or by third partiesany other cause, nor shall any of similar or dissimilar, beyond the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence reasonable control of Landlord, ; provided, however, if said 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 the Premises by Landlord as a result of Landlord’s negligent act or omission, then Tenant shall be entitled to an abatement of Basic Rent and Additional Rent (except utilities which shall continue to be payable by Tenant in accordance with the 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 discontinuedprovided to Tenant outside of Building Hours, Tenant shall be responsible for the costs and expenses pertaining thereto. In no event shall Landlord be 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 no fault all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Tenantbuilding heating, for a consecutive period of 180 days ventilating and air-conditioning systems. Whenever heat generating machines, equipment, or moreany other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature otherwise maintained by the air-conditioning system, the Tenant Landlord shall have the right to terminate this Leaseinstall supplementary air-conditioning units in the 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 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 premises being used as general office space, Tenant shall first obtain the written consent of Landlord, 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 installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility), and any actual additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

Utilities. SECTION 6.01Tenant shall pay the costs of all electricity and any 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 xxxx 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 for such separate metering and shall purchase and receive such utilities for the Premises directly from the public utility servicing the Building; otherwise, Landlord shall xxxx Tenant for such utilities, as Additional Rent. Tenant's electrical usage shall be directly metered and Tenant shall purchase and receive electricity for the Premises directly from the electrical provider servicing the Building. Tenant shall pay promptly be responsible for maintenance, repair and replacement, as necessary, of any meters measuring Tenant's utility use. All meters installed by Tenant, including the aforementioned electric meter, shall be capable of being read remotely by Landlord. If Landlord elects that any utility costs will be determined by submeter, Landlord will install such submeters, at Tenant'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 watertimes during the Term. Landlord shall maintain, gasrepair and replace, heatas necessary, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesany submeters, and for all other services and utilities supplied to Tenant shall pay the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereoncost thereof as Additional Rent hereunder. Within ten (10) days after the expiration or termination of the Term of this LeaseIn addition, Tenant shall provide Landlord with satisfactory evidence a data/internet connection to enable Landlord to remotely read the submeters serving the Premises. If Landlord elects that certain or all such utility charges have been paid through the last day of the Term. Tenant agrees utility costs will be determined based on an independent usage study or studies performed by a third party designated by Landlord from time to immediately apply for all applicable utilities to be 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 by Landlordtime, Tenant shall pay to Landlord pay, as Additional Rent a reasonable proportion Rent, such costs to be determined the extent Tenant is notified of the same by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for by invoice from Landlord. If Landlord is required 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 construct time, Tenant shall pay, as Additional Rent, the 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 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 or additional utility installationssupplier. Except as otherwise expressly provided herein, includingTenant agrees to pay all costs and expenses incurred in connection with the provision of HVAC and utilities to the Premises, including without limitation, wiringall labor, plumbingequipment, conduitsservice contracts required to maintain the equipment plus supplemental heating and cooling, and mainsrepair and replacement costs associated therewith. As provided above, resulting from Tenant's changed or increased requirementselectric 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. Tenant acknowledges that the Premises is located on demand pay 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 Landlord, in advance of installation, the total cost of time to compensate for any disproportionate consumption by any tenant on such installationmulti-tenanted floor. Landlord reserves the right shall not be liable in any way to interrupt the Tenant for any failure or defect in supply or character of water, gas, electric and also sewer service and any current or 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionPremises. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly be solely liable for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied electricity expense relating to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 installationPremises. 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to reasonable discretion in determining Tenant, any ’s usage of the utilities or services furnished to the Demised Premises for which Tenant fails to pay electricity and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlordits proportionate share, provided, however, if said utilities are discontinued, at no fault that Landlord’s determination of the Tenant’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, 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 Tenant’s in the building as estimated by FPL. Landlord may, at its sole option, elect to install a consecutive period of 180 days or moresubmeter 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 available to the 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 have the at its sole cost and expense without any right to terminate 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 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 shall be solely responsible for restoring or replacing any damage incurred in connection with the installation of such Cable TV services to the premises. Tenant shall be responsible for the payment of any installation costs or fees and any fees in connection with monthly service. In the event Tenant shall be unable to obtain Cable TV service to the building, pursuant to this LeasePxxxxxxxx 0, Xxxxxx subject to the terms and conditions of Section 41 hereof relating to signage and use of the exterior of the 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 in no event shall such antenna be visible from street level around the building or interfere in any way with the microwave telephone antennas or other telephone equipment located on the roof of the building, or the satellite antennas of any other tenants currently located on the roof of the building.

Utilities. SECTION 6.01. Tenant 3.5.1 Landlord shall pay promptly for all waterhave the right from time to time to select the company or companies providing electricity, gas, heatfuel, lightone or more categories of Telecommunication Services and any other 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, powerprovided that the cost of such green or renewable energy as passed through to Tenant shall not be materially greater than the then cost of other sources of energy then available on the market.. With the exception of water, sewer chargessewer, telephone installation utility hookupelectricity and HVAC, connection Tenant shall contract directly and service charges, sprinkler standby charges, and pay for all other services and utilities supplied to used on or from the Demised Premises on and after the Commencement Date, together with any taxtaxes, excise penalties, surcharges or surcharge thereonsimilar charges relating to such utilities. Within ten 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, 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 (10exclusive of any other purposes) days 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 xxxx 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 failure of, diminution of 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 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, 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 of such interruption, deprivation or reduction and that Tenant is being deprived of all reasonable use of the Premises and ending on (b) the date such interruption, deprivation or reduction which is Landlord’s responsibility is not causing Tenant to be deprived of all reasonable 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”). 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 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 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 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 utilities 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 consents in writing to such installation, Tenant shall be responsible, all at its sole cost and expense, for the 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. If Tenant’s request for 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 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 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 Tenant shall 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, enter 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 satisfactory reasonable evidence that all of such utility charges maintenance and repair. Upon 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 been paid through the last day 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 business. Tenant shall not permit any Supplemental Utilities Equipment to disturb or interfere with any of the Term. Building’s systems or any other tenant in the Building, and Tenant agrees to immediately apply for all applicable utilities to be separately metered will remove, at Tenant’s sole cost and billed to Tenant. If expense, any such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Supplemental Utilities Equipment at Landlord, Tenant shall pay 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 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, ’s direction in advance of installation, the total cost event of such installationdisturbance or interference. Landlord reserves the right to interrupt 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 supply contrary, in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of waterthis paragraph 3.5.5, gasLandlord may perform such removal at its election, electric and also sewer service and Tenant shall reimburse Landlord for any other similar utilities costs relating thereto, or in the event that Tenant performs such removal, Tenant shall be responsible to Landlord for any damage caused to the Demised Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursBuilding in connection therewith. SECTION 6.02. Landlord can discontinue, without notice 3.5.6 To the extent reasonably available to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be required to submit to Landlord any electricity consumption data and costs in a format deemed an actual or constructive evictionreasonably acceptable by Landlord. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall be solely responsible for, and promptly --------- pay promptly as and when due, all changes and assessments for all waterheat, gas, heat, light, power, sewer chargeselectricity, telephone installation and other utilities used, consumed or provided to or on the Leased Premises and shall, at Tenant's sole cost and expense, arrange with the appropriate utility hookupcompanies for the provision, connection and service charges, sprinkler standby charges, and for all other services and augmentation or modification of such utilities supplied to the Demised Premises on and after Leased Premises. Notwithstanding anything herein to the Commencement Datecontrary, together 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 taxutility service or system (whether caused by or arising out of Landlord's need to make repairs or any other reason whatsoever), excise nor shall the same _____________________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. (a) constitute a constructive eviction or surcharge thereon. Within ten (10) days after the expiration interference or termination disturbance with Tenant's use, possession or enjoyment of the Term Leased Premises, (b) constitute grounds for abatement, reduction or rebate, in whole or in part, of this LeaseRent 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 provide Landlord with satisfactory evidence that elect, or be required by governmental authorities, to install in the Leased Premises individual meters or other devices to measure any or all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlordconsumed in the Leased Premises, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all the charges jointly metered with other premises incurred for such meters and all services which are furnished and paid for by Landlordthe installation thereof in the Leased Premises. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirementsany such utilities are not separately measured, Tenant shall on demand pay to Landlord, in advance within thirty (30) days after Tenant's receipt of installationLandlord's written demand therefor, the total cost Tenant's allocable share 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 as reasonably determined by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursLandlord. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01All 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 shall pay promptly is responsible for all waterdeposits and the cost of connection of said utilities serving the Premises, gasincluding but not limited to panels, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesmeters, and wiring, provided that Landlord represents and warrants that all required meters or submeters for all other services electricity are installed, or will be installed and utilities supplied to the Demised Premises on and after will be in good working order within thirty (30) days of the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence Utilities that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered (and shared trash removal/dumpster services) shall be reasonably allocated by Landlord to the Premises based upon usage and paid by Tenantthe Tenant when billed, or if any such services are furnished and paid for at the actual out of pocket cost incurred by Landlord, Tenant with no mark-up. Landlord shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord maintain the facilities and systems in the Building and Premises in good order, condition, and repair, inclusive of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is electric power required to construct new service, operate and accommodate the HVAC equipment as well as any Alterations or other uses agreed to by the parties in writing, excluding any portions of such facilities and systems installed by Tenant, which shall be maintained by Tenant. In the event Tenant requires any additional utility installationsservices not specifically set forth in this Section 8(a), including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirementsadditional amperage to the Building, Tenant shall on demand pay to Landlordbe responsible for any and all costs associated with such additional utility services. Furthermore, in advance if there are any additional generator services that Tenant may require as a result of its Permitted Use, Tenant shall be responsible for any and all actual costs associated with such additional generator services, including, without limitation, the cost of a new generator, its installation, the total cost of such installation. Landlord reserves the right to interrupt the supply of watermaintenance, gas, electric upkeep 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursadditional utility costs. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01(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 (not submetered) to the Premises; (ii) Tenant shall pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (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 total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. 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 serving the Premises is paid as part of Operating Expenses pursuant to Section 5. 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 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 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 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 promptly for all watersuch rates as Landlord may establish from time to time, gaswhich shall not be in excess of any applicable rates chargeable by Law, heat, light, power, sewer charges, telephone installation or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility hookup, connection and service charges, sprinkler standby chargesor 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 for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten such failure continues uncured following fifteen (1015) days after written notice thereof Landlord shall have the expiration or termination of right but not the Term of this Leaseobligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), Tenant which amount shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay payable to Landlord as Additional Rent a reasonable proportion within 30 days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable 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 utility installationsthe service, including, without limitationequipment, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any requirements of the utilities or services furnished utility supplying electricity to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionBuilding. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01Tenant 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 (such approval not to be unreasonably withheld). Tenant shall be solely responsible for and promptly pay promptly all charges for all wateruse or consumption of sewer, gas, heatelectricity, lightwater and all other utility services delivered to the Premises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), poweras additional rent, sewer chargeson the first day of each month in advance (and prorated for partial months), telephone installation commencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility hookupcompany which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the Premises, connection 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 service charges, sprinkler standby chargesother utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for all other services and utilities supplied same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Demised Premises on if it provided such service and after metered the Commencement Datesame directly to the Premises, together but in no event at a cost which is less than the cost Landlord must pay in providing such service, and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash compactor/trash removal, cleaning, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant's expense. Tenant shall operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and set Tenant's thermostat at the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for the 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 taxrental abatement to which Tenant otherwise is entitled, excise if Tenant is prevented from using the Premises or surcharge thereon. Within any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities or services to the Premises, then Tenant's rent shall be abated after the expiration or termination of the Term of this Leaseeligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, Tenant shall provide Landlord with satisfactory evidence in the proportion that all such utility charges have been paid through the last day rentable area of the Termportion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant agrees to immediately apply is prevented from so conducting its business in any portion of the Premises for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord period in excess of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduitsthe Eligibility Period, and mainsthe remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, resulting then for such time after expiration of the Eligibility Period during which Tenant is so prevented from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installationeffectively conducting its business therein, 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 rent for the Demised entire Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, abated; provided, however, if said utilities are discontinued, at no fault Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall not be permitted to abatx xxxt as hereinabove otherwise provided if the failure to provide any such utilities or services to the Premises is as a result of Tenant's failure to pay for the same or due to the negligence or willful misconduct of Tenant, for a consecutive period of 180 days its employees, agents or more, the Tenant shall have the right to terminate this Leasecontractors.

Utilities. SECTION 6.01(a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the 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 that are separately submetered based upon Tenant’s submetered usage; and (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 total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right, upon reasonable advance written notice to Tenant, to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, at no cost to Tenant. In exercising such right, Landlord shall use its commercially reasonable efforts to avoid interfering with Tenant’s use and 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 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 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 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 promptly for all watersuch rates as Landlord may establish from time to time, gaswhich shall not be in excess of any applicable rates chargeable by Law, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination in excess of the Term of this Lease, 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 shall provide Landlord with satisfactory evidence that all such fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have been paid through the last day of right but not the Term. obligation to pay such charges on Tenant’s behalf and xxxx Tenant agrees to immediately apply for all applicable utilities to such costs plus the Administrative Fee (as defined in Section 17), which amount shall be 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 by Landlord, Tenant shall pay payable to Landlord as Additional Rent a reasonable proportion within thirty (30) days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable 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 utility installationsthe service, including, without limitationequipment, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any requirements of the utilities or services furnished utility supplying electricity to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionBuilding. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01Licensor covenants and agrees to maintain public utilities to furnish any electricity and water utilized in operating any and all of the facilities serving the Premises. Tenant Licensor and Licensee shall undertake to determine if separate metering of utilities at the Premises is commercially feasible and, if mutually agreed that one or more utilities can be separately metered, Licensee shall bear the cost to provide for separate metering and pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and such utilities supplied separately metered to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to TenantPremises. If any such utilities and services are not supplied and separately metered to the Premises, Licensee shall pay Licensee’s Proportionate Share (as defined pursuant to Article 5(b)) of all utilities and paid by Tenantservices serving the 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 contrary, in the event that such interruption or cessation of utilities is the result of Licensor’s negligent or willful act or omission and such interruption or cessation of utilities continues beyond three (3) business days from the date of such interruption or cessation, then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will xxxxx, commencing on the fourth (4th) day of such interruption or cessation, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as hereinabove described will apply to the extent such interruption of utilities is the result of Licensee’s alterations to the Premises or Capital Improvements, or if any such services are furnished and paid for by Landlordnegligent act or omission of Licensee, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord its agents, employees or contractors, or any cause other than the negligent or willful act or omission of all charges jointly metered with other premises and all services which are furnished and paid for by LandlordLicensor or its employees, agents or contractors. If Landlord is required to construct new In the event that Licensor has advance knowledge of, or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed otherwise plans an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasecircumstance.

Utilities. SECTION 6.013.5.1 Landlord shall have the right from time to time to select the company or companies providing electricity, gas, fuel, one or more categories of Telecommunication Services and any other utility services to the Building (provided that Tenant may select an additional provider of Telecommunications Services in the Building, subject to Landlord’s reasonable approval of same). Tenant shall contract directly and pay promptly for all water, gas, heat, light, power, sewer chargesTelecommunication Services, telephone installation utility hookup, connection and service chargessewer, sprinkler standby charges, charges and for all other services and utilities supplied to used on or from the Demised Premises on and after the Commencement Date, together with any taxtaxes, excise penalties, surcharges or surcharge thereonsimilar charges relating to such utilities. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all If any such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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. 3.5.2 Tenant acknowledges that space on the Building rooftop and in the Building risers, equipment rooms and equipment closets is limited. If any such services are not separately metered to and paid Unless otherwise required by law, neither Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent nor a reasonable proportion to be determined by Landlord provider of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice 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 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 utilities previous sentence shall be incorporated in and become part of this Lease. Any future application by Tenant for permission to locate or services furnished 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 failure of, diminution of 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 Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless unless such interruption in, deprivation of whether or reduction of any 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 service was caused by the gross negligence or willful misconduct of Landlord, providedits agents or contractors or by a failure in facilities, howeverequipment or systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such interruption, if said utilities are discontinueddeprivation or reduction in utility or building services to the Premises (due to Landlord’s having caused same by its negligence or willful misconduct), at no fault 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 Tenant, Material Portion (hereinafter defined) of the Premises which Tenant does not occupy bears to the entire rentable square footage of the Premises for a consecutive the period of 180 days interruption, depreciation or morereduction, retroactive to the 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 Material Portion of the Premises. As used herein, the term “Material Portion” means twenty percent (20%) or more of the rentable area of the Premises. Except in the case of an emergency or with respect to an interruption which is not within Landlord’s control or about which Landlord had no prior knowledge, Landlord will give Tenant shall have at least five (5) Business Days’ prior notice if Landlord intends to cause the right interruption of any services required to terminate this Leasebe furnished by the Landlord.

Utilities. SECTION 6.01. Tenant shall pay promptly for 6.1 Sublessee will contract separately and independently with providers to supply all waterelectrical, gasbeating, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesfuel oil, and for all other alarm services and utilities supplied to the Demised Premises on and after the Commencement DatePremises. All costs associated with such services, together with any taxincluding, excise but not limited to fees or surcharge thereon. Within ten expenses related to re-routing utility conduits (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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, for fuel oil) 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 order that the Demised Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any is suitable for Sublessee’s operation and separation of the foregoing utilities or services furnished set-up costs. activation fees, maintenance, usage, and other charges, will be the responsibility of Sublessee. Sublessee will work with Base Lessor as necessary to effect the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account proper separation of the failure, discontinuance, interruption foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all costs related to or quality of arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for the foregoing purposes. For all other utilities or services furnished provided to the Demised Premises, regardless including, but not limited to hot and cold water services and other utilities which are not reasonably capable of whether submetering, Sublessor will xxxx Sublessee, based on Sublessee’s proportionate use of the Property, 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 services are furnished before the date in which said payment is due, a service charge of five percent (5%) thereof will be paid by Landlord or by third partiesSublessee in addition to the payment due. 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, nor shall any Sublessee will be responsible for all costs related to Sublessee’s use of the foregoing excuse any payment or performance by TenantExtra Power including, unless caused by without limitation, (i) the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault initial assessment to determine the extent of the TenantExtra Power available, (ii) Sublessor’s installation of a submetering device and other modifications necessary to provide for a consecutive period separate metering, (iii) expenses incurred by Sublessor to break applicable usage contracts in order to provide the Extra Power, and (iv) all other applicable costs including, 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 180 days or moreSublessor and billed back to Sublessee. Other than the initial assessment referenced in subsection (i) of this Section 6.2, which has already been conducted, all work to be performed related to the Tenant shall have the right to terminate this LeaseExtra Power will not commence without Sublessee’s approval.

Utilities. SECTION 6.01. Tenant shall contract directly and pay promptly for all water, gas, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection and service chargessewer, sprinkler standby charges, charges and for all other services and utilities supplied to used on or from the Demised Premises on and after the Commencement Date, together with any taxtaxes, excise penalties, surcharges 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 similar charges relating to such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenantutilities. If any such services are 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 paid convenience outlets shall be billed by TenantLandlord 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 if 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 the 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, Tenant may request such service by notifying Landlord's Manager not later than 11:00 a.m. of the day prior to the day on which such after-hours service shall be needed, and not later than 2:00 p.m. on the Thursday preceding any weekend for which such services are furnished and paid after-hours service shall be needed reasonably estimating the number of hours required for by Landlord, such after-hours service. Tenant shall pay for such additional HVAC service at Landlord's hourly rate in effect from time to Landlord time, the fee schedule initially in effect being attached as Additional Rent a reasonable proportion to be determined by Landlord of Exhibit E, and shall pay all charges jointly metered with other premises therefor when and all services which are furnished and paid for as billed by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance Such charges shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of Additional Rent under the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on a. From and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after Ready for Occupancy Date and at all times during the expiration or termination of the Term of this LeaseLease Term, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant covenants and agrees to immediately apply pay, prior to delinquency, the costs and charges for all applicable utilities utilities, including but not limited to be separately metered gas, propane, electricity, water and billed to Tenant. If any such services are not separately metered to sewer, telephone, and paid trash service used and consumed by Tenant, or if any such services are furnished its employees, agents, servants, customers and paid other invitees in the Premises, and to the extent possible shall contract for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises the same in its own name and all services which are furnished and paid for by Landlordon separate meters. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay any such charges, Landlord may, at 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 xxxxx 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 discontinuance utility service promptly restored. b. Tenant, at Tenant’s expense shall pay for all utilities including water, sewer, gas, telephone, trash, and electricity to the Premises 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 separately measure Tenant’s consumption of water, and electrical and gas energy (if supplied). Tenant shall keep meters and installation equipment in good working order and repair 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 deemed an actual or constructive evictiondetermined by a flow meter to be installed by Landlord. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall will pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied when due to the Demised Premises on furnishing parties all fees and after costs for utility services furnished to the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installationsPremises, including, without limitation, wiringtelephone, plumbingelectricity (including, conduitswithout limitation, electricity for any heat pump(s) or other portion of the HVAC Systems and mainsEquipment dedicated solely to the Premises), resulting sewer, water and gas (if furnished). If not already present or installed by the utility provider, Landlord, at its cost, will install meters, submeters, intellimeters or the equivalent (collectively, “Submeters”) to measure the electricity consumed at the Premises (although Landlord will not be required to do so for HVAC units that serve both the Premises and other areas of the Project nor for Systems or Equipment installed by Tenant nor for Tenant’s use of emergency power or power from Tenant's changed backup generators or increased requirementsUPS systems). If a utility or service is not separately metered, submetered, intellimetered or the equivalent and is not payable directly to the utility provider, Tenant shall on demand will pay to its share (as reasonably determined by Landlord, in advance of installation, the total cost ) of such installationcosts directly to Landlord as additional rent within thirty (30) days after receipt of Landlord’s bills from time to time. Landlord reserves the right to interrupt the supply of wateris not responsible for any Liabilities incurred by Tenant or Tenant’s Affiliates nor may Tenant xxxxx rent, gas, electric and also sewer service and terminate this Lease or pursue any other similar utilities for the Demised Premises when required by reason right or remedy against Landlord or Landlord’s Affiliates as a result of accident or of repairsany malfunction, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees failure to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuancerestore, interruption or quality suspension of any utilities, services or associated Systems and Equipment, except as set forth in the next sentence. If there is an interruption in utility service directly caused by Landlord’s negligence or willful misconduct that is not otherwise addressed by the terms of Article 16 and that renders the Premises untenantable for more than two (2) consecutive business days, then the terms of Section 16.2 and 16.3 will apply as if the interruption were a casualty, and rent will xxxxx in accordance with Section 16.3 until service is restored. Landlord specifically retains (and if necessary Tenant hereby grants to Landlord) the sole and exclusive right to determine the electricity and other utility provider(s) of the utilities or services furnished Premises and the rest of the Project. Subject to the Demised Premisesforegoing, regardless force majeure, and the performance of whether such utilities or services are furnished by Landlord or by third partiesrepairs and maintenance, nor shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall will have the right to terminate this Leaseaccess the HVAC Systems and Equipment 24 hours per day, seven days per week during the Lease term.

Utilities. SECTION 6.015.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, being electricity, steam, supply water, and sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the service providers. In the event any such Utilities are not separately metered, the Parties agree that the Premises shall be separately metered for the 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 reasonable respects in connection therewith. Thereafter Tenant shall pay promptly all charges for all waterUtilities serving the Premises directly to the Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, gas, heat, light, power, sewer charges, telephone installation such Utilities to the Premises shall continue to be interconnected to Landlord’s utility hookup, connection and service charges, sprinkler standby chargesinfrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed Utilities are provided to Tenant. If any Until such services Utilities are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlordmetered, Tenant shall pay to Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as Additional Rent a reasonable proportion to be 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 Premises may be discharged therein, (iii) Tenant shall comply with all charges jointly metered with other premises applicable laws, rules and all services which are furnished regulations regarding the use thereof and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduitsthe discharge of substances therein, and mains, (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the typical daily discharge therein resulting from Tenant's changed or increased requirements, Tenant shall on demand pay Landlord’s operation of the Property prior to Landlord, in advance of installation, the total cost of such installationCommencement Date. Landlord reserves shall have no obligation to provide telephone service to the right to interrupt the supply of water, gas, electric and also sewer service and Premises or any other similar utilities for the Demised Premises when required by reason utility service of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedany kind except as set forth in this Section. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinueshall in no event be liable or responsible for any cessation or interruption in, without notice to Tenantor damage caused by, any of the utilities or utility services furnished provided to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 Tenantotherwise, unless caused by the cessation or interruption results from Landlord’s intentional misconduct or gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasenegligence.

Utilities. SECTION 6.01(a) Tenant covenants and agrees that its use of electric current shall not exceed the capacity of the systems, wiring and other electrical equipment which Landlord makes available to the Premises and its total connected load will not exceed the maximum load from time to time available to the Premises. Tenant shall pay promptly not overload the electrical wiring or electrical panels within or serving the Premises and will install at its own expense, but only after obtaining Landlord's prior written approval, any 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 all waterany loss or damage or expense which Tenant may sustain or incur if, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of during the Term of this Lease, Tenant 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 provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant agrees shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to immediately apply for all applicable utilities 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 separately metered shared with Tenant in such proportion as EWI and billed 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. If 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 services are main electric meter and any such electric submeter. If, for any reason, Tenant has not separately metered 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 bxxx is due and paid payable. The cost of installation, maintenance and repair of any sub-meter which Tenant elects to install shall be 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 measurement of gas and/or water consumption by Tenant at Tenant's sole expense. The Tenant shall pay when due all charges for utility services provided directly to the 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 meters or if any submeters promptly at the end of each monthly electricity, sewer, water and gas billing period and shall promptly furnish Landlord with the results of each such services are furnished reading. Tenant shall pay its share of all such electric, gas, sewer and paid for water utility charges to Landlord each month at least five days before each related utility bxxx is due and payable. If electricity, water or gas consumed by Landlordthe 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 as Additional Rent a reasonable proportion to be determined 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 applicable utility company), Tenant's share of the 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 jointly metered with other premises 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 Tenant. Until an estimate of usage is obtained from a consulting or engineering firm as contemplated by this Section 4.9(b), Landlord may estimate Tenant's share of all services which are furnished electric, sewer, water and paid for by Landlordgas expenses and require that Tenant pay such estimated amounts monthly in arrears on the last day of each calendar month during the Term. Landlord shall have the right to adjust monthly estimated payments on account of such utilities from time to time. If Landlord water is required to construct new consumed in the Premises for purposes other than ordinary drinking and lavatory purposes or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from in excessive quantities or if Tenant's changed heating or increased requirementscooling requirements are materially greater than the requirements of other tenants, then Tenant shall on demand pay to Landlord, in advance on demand from time to time, charges for such additional water, heating or cooling as Landlord may require. (c) Landlord shall not be liable for any interruption of installationelectricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the total cost of such installation. Premises and Landlord reserves the right to interrupt stop any service or utility to the supply of waterPremises, gas, electric and also sewer service and any other similar utilities for the Demised Premises when required in Landlord's reasonable judgment it is deemed necessary by reason of accident accident, emergency or of repairs, alterations repair or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay otherwise; and no such discontinuance interruption or stoppage shall be deemed to be an actual eviction of Tenant or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to relieve Tenant on account of from any obligations under this Lease; in the failureevent any such curtailment, discontinuancesuspension, interruption or quality stoppage becomes necessary by reason of the utilities foregoing, Landlord will use all reasonable efforts to restore the affected service or services furnished as promptly as possible and to minimize, to the Demised Premisesextent reasonably possible under the circumstances, regardless any interference, disruption, suspension or interruption of whether such utilities or services are furnished by Landlord or by third parties, nor shall any Tenant's use and enjoyment of the foregoing excuse Leased Premises by reason thereof. (d) All sums payable under this Section 4.9 shall constitute additional rent. In the event of nonpayment of any payment or performance by Tenantsums due under this Section 4.9, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant Landlord shall have all the right to terminate this Leasesame rights and remedies available as in the case of nonpayment of Annual Rent.

Utilities. SECTION 6.01. Tenant (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay promptly the cost of all utilities for all waterthe Building, including electricity, gas, heathot and cold water, lightjanitorial services, powertelephone, sewer chargescable and other utility services installed for the Leased Premises or the occupants thereof, telephone installation including, without limitation, fees and taxes thereon. Landlord shall additionally provide a generator for electricity that automatically provides back-up electric power for the Building in the event of a failure of the applicable utility hookupto do so. (b) Except as otherwise set forth in this Lease, connection and Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service charges, sprinkler standby chargesbeing furnished to the Leased Premises, and for all other services and utilities supplied 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 Demised 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 on are materially adversely affected, then Tenant may make such reasonable repairs, replacements or alterations to the electrical generator serving the Building and after Landlord shall reimburse Tenant for the Commencement Date, together with any tax, excise or surcharge thereon. Within 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 expiration Leased Premises, whether resulting from any failure or termination interruption of any utility or other service being furnished to the Term Leased Premises, unless any such damage or loss results solely from the gross negligence or willful misconduct of this LeaseLandlord or Landlord’s agents, Tenant invitees, employees or contractors. (c) Landlord shall provide Landlord keep and maintain the Leased Premises at a commercially reasonable temperature to comply with satisfactory evidence ASHRAE standards for office and laboratory occupancy, as applicable, between the hours of 8 a.m. to 6 p.m. on weekdays that all such utility charges have been paid through the last day of the Termare not official national or state holidays. Tenant agrees acknowledges and understands that the temperature within the Leased Premises is centrally controlled and timed and is measured by sensors in the Leased Premises that are subject to immediately apply for all applicable utilities manual override with respect to be 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 by Landlord, Tenant shall pay 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 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 been completedtiming. Landlord agrees to use that so long as Tenant does not operate its best efforts to limit business within the Leased Premises in more than a single shift that runs between such interruptions to non-business hours. SECTION 6.02. Landlord can discontinuetimes, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseoverride the timing controls during off hours and on weekends to ensure that the Leased Premises are at a commercially reasonable temperature. However, in the event that Tenant shall maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and laboratory occupancy, as applicable, during off hours and weekends.

Utilities. SECTION 6.01Landlord shall arrange for the supply of gas and electricity to the Leased 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, shall obtain such service in Tenant's name and shall pay promptly the monthly charges therefor, subject to Tenant's right of offset in Paragraph 3.2 hereof. Tenant shall arrange directly for any other utility services to be provided to the Building. Tenant shall be responsible for determining if the local supplier of water, gas and 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 Tenant's needs. Tenant shall 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, heat, light, power, electricity and storm and sanitary sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesservices, and for all other waste discharge services and utilities permits as so supplied to the Demised Premises on and after Leased Premises, irrespective of whether or not the Commencement Dateservices are maintained in Landlord's or Tenant's name, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, provided that Tenant shall provide Landlord with satisfactory evidence that all be required to pay only for the actual cost of such utility charges have been paid through services. Either party hereto, at its sole cost and expense, hereto may cause the last day of Leased Premises or the Term. Tenant agrees to immediately apply for all applicable utilities Building to be separately metered and billed to Tenant. If for gas, electricity and/or water, in which case Tenant shall arrange for any such services are not separately metered service to be put in Tenant's name and shall pay the cost for such service directly to the utility provider, in which case Expenses shall not include the cost of any such service paid directly by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.014.1. The Tenant shall represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord to the Tenant, pay promptly to the Landlord, as Additional Rent, any and all charges incurred by the Landlord for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection any and service charges, sprinkler standby charges, and for all other services and ail utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiringtelephone, plumbingelectricity, conduitswater, and mainsheating oil and/or natural gas. The Landlord hereby agrees that any demand given by the Landlord to the Tenant pursuant to the provisions of this Section 4.1 shall include an accurate copy of the invoice, resulting from statement, bill or similar document issued by the public utility or any private xxxpany 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 for any interruption or failure of or defect in the supply or character of any utility furnished to the Premises, now or hereafter, or for any loss, damage or expense Tenant may sustain if either the quantity or character of any utility is changed or is no longer suitable for 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 whether by reason of accident any requirement, act or omission of repairsthe public utility serving the Premises or for any other reason whatsoever. Notwithstanding the provisions of this Section 4.2, alterations the Landlord shall be responsible for any and all actual damages suffered by the Tenant as a result of any interruption of utility service caused solely by the Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or improvementsprivate company providing such utility, until such repairsas the case may be, alterations or improvements shall have any amount which has been completed. paid by the Tenant to the Landlord agrees pursuant to use its best efforts to limit such interruptions to non-business hoursthe provisions of Section 4.1 hereof. SECTION 6.024.3. Landlord can discontinueTenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring, as well as any and all requirements of the public utility supplying electricity to the Premises. Tenant shall not, without notice 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 electric distribution system or make any alteration or addition to Tenant's machinery, any appliances or equipment, or the electric system of the utilities Premises, if the effect thereof would be to increase the electrical load in the Premises. Should Landlord grant such consent, all additional risers or services furnished to other equipment required therefor shall be provided by Landlord and the Demised Premises for which Tenant fails to pay and no such discontinuance cost thereof shall be deemed an actual or constructive evictionAdditional Rent due hereunder and shall be forthwith paid by Tenant within five (5) days of Landlord's written demand. SECTION 6.034.4. Under no circumstances shall If any Taxes are imposed upon Landlord be liable with respect to any utility furnished as a service to Tenant on account 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 Landlord to the Tenant pursuant to the provisions of this Section 4.4 shall include an accurate copy of the failureinvoice, discontinuancestatement, interruption bill or quality of similar document issued by the utilities or services furnished relevant Governmental Authorixx xr Governmental Authorities, as the case may be, with respect 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 Taxes for which payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseis demanded.

Utilities. SECTION 6.01(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 as Additional Rent for any utilities that are separately submetered to the Premises based upon Tenant’s submetered usage, as well as for any maintenance and 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 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 promptly for all watersuch rates as Landlord may establish from time to time, gaswhich shall not be in excess of any applicable rates chargeable by Law, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination in excess of the Term of this Lease, 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 shall provide Landlord with satisfactory evidence that all such fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have been paid through the last day of right but not the Term. obligation to pay such charges on Tenant’s behalf and bxxx Tenant agrees to immediately apply for all applicable utilities to such costs plus the Administrative Fee (as defined in Section 17), which amount shall be 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 by Landlord, Tenant shall pay payable to Landlord as Additional Rent a reasonable proportion to be determined by Landlord within 20 days after receipt of all charges jointly an invoice therefor. (b) For any separately metered with other premises and all services which are furnished and paid for by Landlord. If utilities, Landlord is required hereby authorized to construct new or additional request and obtain, on behalf of Tenant, Tenant’s utility installations, including, without limitation, wiring, plumbing, conduits, consumption data from the applicable utility provider for informational purposes and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, enable Landlord to obtain full building Energy Star scoring for the total cost of such installationBuilding. 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate 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, and 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-hour use of the Premises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the 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 installation, operation and maintenance, being payable by Tenant to Landlord within 30 days after Landlord’s written demand. Tenant shall 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 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 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 Premises shall be separately metered to the Premises at Tenant’s cost, and Tenant shall 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 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 option to require that the 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 to Landlord electrical load information reasonably requested by Landlord with respect to any computer room and/or information technology closet in the Premises.

Utilities. SECTION 6.01. Tenant shall We ll pay promptly for the following utilities: You ll pay for all waterother 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, heatwater and sewer services are not supplied by the Landlord/Agent, lightTenant , power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term 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 provide 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 with satisfactory evidence that all for utility service xxxxxxxx incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility charges have been paid through 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 last day of the Term. Tenant agrees to immediately apply Tenant’s tenancy if any utility service, contracted for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenant, such as water, sewer, gas and/or electric services, are discontinued due to some act or if any such services are furnished and paid for omission by Landlordthe Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall pay maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to Landlord as Additional Rent a reasonable proportion avoid damage to be determined by Landlord of all charges jointly metered the Premises. Tenant further agrees and acknowledges that the Premises came with other premises light bulbs and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, fuses at 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any commencement of the utilities or services furnished Lease term and Landlord shall not be responsible to the Demised Premises for which Tenant fails to pay and no provide such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable items to Tenant on account of the failure, discontinuance, interruption or 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 at any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasetime thereafter.

Utilities. SECTION 6.01. 10.1 Landlord agrees to cause to be provided such mains, conduits and other facilities necessary to supply electricity, water, sewer, telephone and gas (if available) to the Premises, in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay promptly pay, prior to delinquency, all charges for all electricity, water, gassewer, heattelephone, lightsolid waste and garbage removal, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesgas (where applicable), and for all other services and utilities supplied chilled water service (where applicable) furnished to the Demised Premises on Premises, and after the Commencement DateLandlord may, together with any taxif it so elects, excise furnish one or surcharge thereon. Within ten (10) days after the expiration or termination more of the Term of this Leasesuch services to Tenant, and, in such event, Tenant shall provide purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord with satisfactory evidence and shall pay for such services at the rates actually paid therefor by Landlord to the applicable public utility provider, provided that all such rates shall not exceed the rates which would be charged for the same service if furnished directly by the applicable public utility charges have been paid through then furnishing such service. In the last day of event that at any time during the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 extensions and paid for by Landlordrenewals thereof, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails fail to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 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 provided in this Section, Landlord shall not be liable in the event of any payment interruption in the supply of any utilities including without limitation any heating and air-conditioning if provided. Tenant agrees that it will not install any equipment which will exceed or performance overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. Notwithstanding anything contained in the lease to the contrary, unless caused by if any interruption of utilities or services, which is due to the gross negligence of Landlord, providedits agents or employees, however, if said utilities are discontinued, at no fault shall continue for more than twenty-four (24) continuous hours and shall render any portion of the Premises unusable for the normal conduct of Tenant’s business, for a consecutive period and if Tenant does not in fact use or occupy such portion of 180 days or morethe Premises, then all rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall have be abated retroactively to the right first (1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to terminate this LeaseTenant.

Utilities. SECTION 6.01Lessor furnishes only TRASH & GARDENING_. Tenant 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 Lease commencement date and Lessees shall maintain gas, and electricity 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 Xxxx Xxxxxxx 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 Premises leased hereunder), then the Lessees are responsible for contracting with the appropriate agency to secure water and sewer service and shall pay promptly for all watersuch service. If Lessees fails 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, gasin addition to payment of the amount owing on the utility bill, heat, light, power, sewer charges, telephone installation a fee of c. The utility hookup, connection meters for this Premises may include utility usage for the laundry room or other portions of the building in which the Premises are located. This Lease is the written agreement between Lessees and service charges, sprinkler standby chargesLessor, and Lessees understand that their utility meter may be used for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination outside of the Term interior of the Premises. This will not change, alter, or amend responsibility for payment of utilities and rent as set forth in this Lease. Lessees have been advised per this paragraph, prior to signing this Lease, Tenant shall provide Landlord with satisfactory evidence that all of this condition as required by California Civil Code 1940.9 and have no objection thereto. d. If Lessees desire Internet and or cable service, it is Lessee’s responsibility to contract for such utility charges have been paid through service and pay for those services. Lessees are responsible for the last day cost of any installation or equipment necessary for such services. Satellite TV dishes are NOT to be attached to any exterior surface of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenant, Premises or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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, upon 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursProperty. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection trash and service charges, sprinkler standby charges, other utilities and for all other services and utilities supplied to the Demised Premises on and after the Commencement DatePremises, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenanttaxes. If any such of those services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall will pay 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 Landlordportions of the Premises. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, these charges remain unpaid for thirty (30) days after they become due and mains, resulting for ten (10) days following Tenant’s receipt of written notice thereof from Tenant's changed or increased requirementsLandlord, Tenant shall on demand pay be in default and Landlord may exercise all remedies available to Landlord, Landlord as provided in advance Article 12 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 been completedthis Lease. Landlord agrees to use its best efforts pay for all other standard utilities necessary to limit operate the Premises, as determined by Landlord in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall have no liability, whatsoever, in the event of any interruption, failure or curtailment of any utilities nor shall such interruptions to non-interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Landlord, Tenant shall make no change in the conduct of business hours. SECTION 6.02in 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 can discontinueagrees to allow Tenant to install separate UPS power devices in the Premises as Tenant desires; provided, without notice to Tenanthowever, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance Landlord shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord not be liable to Tenant on account in the event of the failure, discontinuance, interruption any failure of or quality of the utilities damage to such power devices or services furnished for any damage or consequences resulting from or in any way related to the Demised use of such power devices in the Premises. Tenant shall assume all costs associated with installing and using such UPS power devices, regardless of whether such utilities or services are furnished by Landlord or by third partiesincluding, nor shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or morebut not limited to, the Tenant shall have costs of any increase in costs to utilities serving the right to terminate this LeasePremises resulting from the use and operation of such devices.

Utilities. SECTION 6.01District agrees to furnish or cause to be furnished to the Facilities necessary utilities. Tenant Utilities include, but are not limited to, are electrical, natural gas, sewer, waste disposal/recycling and water services. Due to cost containment efforts by the District, the number of bins associated with the Site(s), the bin capacities and the number of removals per week shall not increase during the Term. The District’s failure to furnish or cause to be furnished necessary utilities when such failure is caused by (i) Acts of God or other acts beyond the control or fault of the District; (ii) strikes, lockouts, or other labor disturbances or labor disputes of any kind; (iii) any laws, rules, orders, ordinances, directions, regulations, requirements, or any other action by federal, state, county or municipal authority; (iv) inability despite the exercise of reasonable diligence by the District to obtain electricity, water, or fuel; or (v) any other unavoidable delay, shall not cause the District to be in default and shall not result in any liability of the District. The Charter School shall reimburse the District for the cost of utilities at the Site, as charged to the District by its utility providers, pro-rated to reflect use by other users of the Site. Prior to the commencement of the 2013-2014 school year, the District shall endeavor to notify the Charter School of its estimated monthly charge for utilities. The Charter School shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied such charge to the Demised Premises District throughout the Term on and after a monthly basis concurrent with the Commencement Date, together with any tax, excise or surcharge thereonCharter School’s payment of the Facilities Use Fee to the District pursuant to Section 4 of this Agreement. Within ten one hundred twenty (10120) days after the expiration or earlier termination of this Agreement, the District shall provide the Charter School with a reconciliation of the Charter School’s actual utility usage throughout the Term and the cost thereof. The District shall either refund the Charter School for any overpayment or shall invoice the Charter School for any underpayment. The Charter School shall reimburse the District for such underpayment, if any, within thirty (30) days after receipt of this Lease, Tenant said invoice. The Charter School shall provide Landlord comply with satisfactory evidence that all such utility charges have been paid through the last day District energy conservation policies in regard to use of the Term. Tenant agrees Facilities, as amended from time to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installationstime, including, without limitationbut not limited to, wiring, plumbing, conduits, Board Policy 3511 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursDistrict’s Energy Education program. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant a. LESSEE shall pay promptly 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 waterpermits, gaslicenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, heatexcept that if such utilities should be supplied by the LESSOR, lightthen in this event, powerLESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of XXXXXX’s invoice. XXXXXX agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, sewer chargesplus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, telephone installation 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 hookupowner. b. The LESSEE agrees to indemnify and hold LESSOR harmless, connection and in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service charges, sprinkler standby chargesfurnished by LESSOR or its suppliers, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 LESSOR further reserves the right to interrupt temporarily terminate the supply supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of waterrepairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If LESSEE requires utilities beyond what is currently available, XXXXXX agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises, and to comply with all provisions for maintaining such utilities. d. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of LESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption to LESSEE’S operations. e. LESSEE shall design and install all utilities used by LESSEE subject to the express approval of the LESSOR prior to installation. All utilities, including but not limited to, electrical, gas, electric data and also sewer service communications utilities installed or caused to be installed shall be underground, and any no utility services or other similar utilities for cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, all conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and shall become the Demised Premises when required by reason owned property of accident or LESSOR. All utility facilities installations shall meet the requirements of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursSection 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. SECTION 6.02f. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. Landlord can discontinueLESSEE shall take all reasonable precautions to prevent the discharge of material into any drainage system that would create interference with the flow therein, without notice to Tenant, any or that would cause a hazard or unlawful contamination thereto. A copy of the utilities or services furnished LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionLESSOR upon the LESSOR’S request. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01LESSOR shall provide to the Leased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and also to the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 PM each business day (herein “Normal Business Hours”). Tenant LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at LESSEE’s sole cost and expense). Notwithstanding the foregoing, LESSEE shall pay promptly all charges for electricity used on the Leased Premises. LESSEE shall pay all water, gas, heat, light, power, sewer actual charges, telephone installation utility hookupwithout xxxx-up or profit to LESSOR, connection 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 xxxx 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 service 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, sprinkler standby 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 all other services and utilities supplied to the Demised Premises on and after the Commencement Datethat year, together with as appropriate. LESSEE shall pay any tax, excise or surcharge thereon. Within ten deficiency shown thereon within thirty (1030) days after of its receipt of said invoice. In the expiration or termination 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 Term of this Leaserelevant electric bills, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through and information regarding which spaces in the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services Building are not separately metered to other lessees and paid 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 TenantLESSEE 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 if 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 such services are furnished 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 LandlordLESSEE, Tenant non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered also provide the following services in accordance with other premises comparable first class research laboratory and all services which are furnished office buildings in the mid-Cambridge submarket at no additional charge: (a) non-exclusive shared passenger and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installation. Landlord reserves the right to interrupt the supply of water, gas, electric and also sewer freight elevator 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished loading dock service to the Demised Leased Premises for which Tenant fails on a 24-hour basis, (b) base Building fire and life-safety systems; and (c) janitorial and cleaning service to pay common lavatories and no such discontinuance shall be deemed an actual or constructive evictioncommon areas. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Landlord agrees to provide at its cost water, electricity and telephone service connections into the premises, but Tenant shall pay promptly for all water, gas, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection and service chargessewer, sprinkler standby charges, charges and for all other utilities and services and utilities supplied to used on or from the Demised Premises on and after the Commencement Datepremises, together with any taxtaxes, excise penalties, surcharges or surcharge thereonthe like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant Gas and electric service shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered to the premises and billed Tenant shall contract directly with the utilities for such services. With respect to Tenant. If water, sewer and any such services are other service not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlordthe premises, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be as 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 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 installationpremises. Landlord reserves shall in no event be liable for any interruption or failure of utility services on the right to interrupt premises. "In 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice event water is not separately metered to Tenant, Tenant agrees that it will not use water for uses other than normal restroom 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 restroom uses without first obtaining Landlord's written permission. "Tenant agrees it will not use sewer capacity for any use other than normal, domestic restroom use. Tenant further agrees to notify Landlord of any other sewer use ("excess sewer use") and also agrees to reimburse Landlord for the utilities or services furnished costs and expenses related to Tenant's excess sewer use, which shall include, but is expressly herein not limited to the Demised Premises for which Tenant fails cost of acquiring additional sewer capacity to pay and no such discontinuance shall be deemed an actual or constructive evictionservice Tenant's lease. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease."

Utilities. SECTION 6.01Tenant shall pay all charges for water, sewer, gas, electricity and other utilities or like services used or consumed on the Premises (each, a “Utility Service” and collectively the “Utility Services”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with 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 promptly all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for all waterany check- or sub-metered utilities may be reasonably estimated monthly by Landlord, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection based on actual readings of sub — and service charges, sprinkler standby charges“check” meters where applicable, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten shall be paid monthly by Tenant within thirty (1030) days after being billed with a final accounting based upon actual bills received from the expiration or termination utility providers following the conclusion of each fiscal year 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 TermBuilding. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall 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 Additional Rent a reasonable proportion 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 Finish Work and Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be determined unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable 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 portion of the Premises (a “Service Interruption”), and if (i) such Service Interruption shall continue for five consecutive business days following receipt by Landlord of all charges jointly metered with other premises written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant (ii) such Service Interruption shall on demand pay to Landlordnot have been caused, in advance of installationwhole or in part, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of 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 said utilities are discontinuedand 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, at no fault 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 TenantMaterial Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the 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 consecutive period Material Services Interruption or the amount of 180 days Tenant’s abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, such dispute shall be resolved in accordance with Article 14 of Exhibit 10.03 to this Lease prior to the exercise of any of Tenant’s remedies under this Section 6.01. The remedies provided in this Section 6.01 shall not apply to casualty or morecondemnation, the Tenant which shall have the right to terminate be covered elsewhere in this Lease.

Utilities. SECTION 6.01A. 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 promptly 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 all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesutilities 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 pay, as additional rent, promptly after written notice thereof, the actual 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 all other services and utilities supplied the calculation of these costs to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within Tenant within ten (10) days after the expiration or termination of the Term of this Lease, request by Tenant. B. Tenant shall provide not, 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 with satisfactory evidence that all such utility charges shall have been paid through the last day right from time to time, using sub-meters or other methods, to measure the consumption of electricity or other utilities upon the TermPremises. Tenant agrees to immediately apply 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 applicable 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, ventilating and air conditioning systems. No such failure and no interruption of utilities to be separately metered and billed to or services from any cause whatsoever shall constitute an eviction of Tenant. If , constructive or otherwise, or impose upon Landlord any such services are liability whatsoever, including, but not separately metered to and paid limited to, liability for consequential damages or loss of business by Tenant, except as otherwise expressly provided in this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or if 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 not be liable for injury to or death of any person or damage to or destruction of property, however occurring, through or in connection with or incidental to the 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 Landlord’s gross negligence or willful misconduct. C. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, air conditioning or ventilation equipment in the Building to maintain temperatures that may be required for, or because of, any of Tenant’s equipment that is not an ordinary office machine, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If Tenant’s use of the heating, air conditioning or ventilation system causes damages to any of the air conditioning units or other equipment, the cost to repair or replace any such services are furnished and units or equipment due to such use shall be paid for by Tenant to Landlord, Tenant shall pay 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 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 limits per square foot of rentable area of the Premises specified in Section 7.01D below, or (4) any rearrangement of partitioning or other improvements, Landlord is required shall have the right to construct new install supplementary air conditioning units or other equipment Landlord reasonably deems appropriate in the Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord, as additional utility installationsrent, 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, wiringelectronic data processing machines, plumbingcomputers or machines using current in excess of 110 volts) that will, conduitsindividually or in the aggregate, and mainsin any way cause the amount of electricity, resulting from Tenant's 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 the purposes of using electric current or water. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense that Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or increased 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 feeders, Tenant shall 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 demand pay Landlord or the Real Property or the Building relating to Landlordthe use or conservation of energy or utilities or the reduction of automobile or other emissions (collectively “Controls”) or 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, Landlord may, in advance of installationits sole discretion, comply with such Controls or make such alterations to the total cost Real Property or the Building related thereto. Such compliance and the making of such installation. Landlord reserves the right to interrupt the supply alterations shall not constitute an eviction 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 business by Tenant, unless caused by the gross negligence of Landlord, ; provided, however, if said utilities are discontinuedthat Landlord shall not agree to any voluntary Controls without first obtaining Tenant’s consent, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant which consent shall have the right to terminate this Leasenot be unreasonably withheld.

Utilities. SECTION 6.01. Tenant Landlord shall pay promptly for all provide mains and conduits to supply water, gas, heatelectricity and sanitary sewage to the Property. Tenant shall pay, lightwhen due, powerdirectly to the appropriate provider, all charges for sewer chargesusage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone installation and/or other utility hookup, connection services or energy source separately metered and service charges, sprinkler standby charges, and for all other services and utilities supplied furnished to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of during the Term of this Lease, Tenant shall provide Landlord or any renewal or extension thereof, together with satisfactory evidence that all such utility any related installation or connection charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenantor deposits (“Utility Costs”). 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 services are not separately metered to Utility Costs and paid by Tenant, or if any such services are furnished and paid for by Landlordwithin thirty (30) days following Tenant’s receipt of an invoice therefore, Tenant shall pay such share to Landlord as Additional Rent. For any utility service furnished to the Premises not separately metered, such as water and sewer, Landlord shall have the right, at its sole election and at any time, to install at Tenant’s 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 a reasonable proportion to be determined for the cost of such utility service used by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordthe Premises. If Landlord is required elects to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 furnish any of the foregoing excuse any payment utility services or performance by other services furnished or caused to be furnished to Tenant, unless 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 the gross negligence accident, breakage, repairs (including replacements), strikes, lockouts or other labor disturbances or labor disputes of Landlordany character, provided, however, if said utilities are discontinued, at no fault of the Tenant, or for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseany other causes.

Utilities. SECTION 6.01. Tenant shall pay promptly pay, prior to delinquency and throughout the Lease Term, all charges for all water, gas, heatheating, lightventilation, powerair conditioning, sewer chargescooling, telephone installation utility hookupsewer, connection telephone, electricity, garbage, janitorial service, landscaping and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement DatePremises, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination including Tenant’s Share of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services or utilities which are not separately metered for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 LandlordLandlord directly shall be paid by Tenant to Landlord based on Tenant’s Office Share of Operating Expenses. If All other charges for utilities and services shall be included in Operating Expenses recoverable by Landlord is required in accordance with Article IV. The disruption, failure, lack or shortage of any service or utility provided by Landlord with respect to construct new the Premises, the Building or additional utility installations, including, without limitation, wiring, plumbing, conduitsthe Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand faithfully keep and observe all the terms, conditions and covenants of this Lease and pay to Landlordall Rent due hereunder, in advance of installationall without diminution, 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 credit or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, 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 initiate the cure of such failure and thereafter shall diligently prosecute said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right cure to terminate this Leasecompletion.

Utilities. SECTION 6.01. A. Tenant shall pay promptly be responsible for all watercoordinating and paying for its utilities directly with and to utility providers. Where possible, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed Tenant shall pay such charges directly to the 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 meet Tenant’s needs. If any such services are not separately metered Tenant shall be responsible for the construction and expense of all utility improvements and connections on and to and paid by Tenant, or if any such services are furnished and paid the Premises except those that already exist on the effective date. In the event that installation of a fire hydrant is necessary in order for by LandlordTenant to have sufficient fire protection service to the contemplated Tenant Improvements, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord responsible for the installation of the fire hydrant and related infrastructure in compliance with all charges jointly metered with other premises applicable codes. C. Tenant waives any and all services which are furnished claims against CITY for compensation for any and paid all loss or damage sustained by reason of 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 by Landlord. If Landlord is required itself and others to construct new existing utility easements over, under or additional utility installations, including, without limitation, wiring, plumbing, conduitsacross the Premises, and mainsto grant necessary utility easements, resulting from provided that in the exercise of such rights causes no interference with Tenant's changed or increased requirementsuse of the Premises except reasonable temporary interference occasioned by installation of facilities associated with such easements, Tenant and CITY shall on demand pay repair any damage to Landlord, in advance the Premises and improvements thereon caused by CITY as a result of installation, the total cost exercise of such installationreserved rights. Landlord CITY also reserves the right to interrupt utilize any existing surface and underground pipes, pumps, utility lines or hydrant systems on the Premises as are necessary to supply utility service to other portions of waterthe Airport or to lessees thereon. When exercising its reserved rights under this paragraph, gasexcept in the event of an emergency, electric CITY shall provide to Tenant reasonable notice of proposed changes and also sewer service copies of any written plans, shall reasonably coordinate with Tenant, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice be the least intrusive to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction’s operations as commercially practicable. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for In addition to all other services and utilities supplied sums Tenant is required to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of pay pursuant to this Lease, Tenant shall provide Landlord with satisfactory evidence that be solely responsible for and shall pay as additional rent prior to delinquency all such utility charges have been paid through for electricity, telephone, water, gas (if any), heat and any other utilities used or consumed on the last day Premises from and after the date Tenant first takes possession of the TermPremises. If the Premises are separately metered by the utility service company Tenant agrees to immediately apply for pay all applicable utilities charges therefor attributable to be the Lease term directly to the appropriate utility service company before delinquency, whether the statement or invoice therefor is delivered to Tenant during, or after expiration of, the Lease term. If the Premises are separately metered and billed by the Landlord, Tenant agrees to Tenant. If any such services are not separately metered pay all charges therefore attributable to and paid by Tenantthe Lease term directly to Landlord before delinquency, whether the statement or invoice therefore is delivered to Tenant during, or if any such services are furnished and paid for by Landlordafter expiration of, the Lease term. Tenant shall pay to Landlord as Additional Rent a reasonable proportion before delinquency its pro-rata share of the costs of any utility services that are not separately metered. Tenant’s pro-rata share shall be equal to be determined by Landlord of all charges jointly metered with other premises and all services the ratio which are furnished and paid for by Landlord. If Landlord is required Tenant’s rentable ground floor area bears to construct new the total rentable ground floor area which has the benefit of, or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installationreceives, the total cost of such installation. Landlord reserves the right to interrupt the supply of water, gas, electric and also sewer expense or utility 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay is being charged. Nothing contained in this Lease shall limit Landlord in any way from granting or using easements on, across, over, and under the Development for the purpose of providing utility services for Tenant or others. In no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances event shall Landlord be liable responsible for any loss, cost, liability or expense of any person or entity resulting from any interruption of utility services to Tenant on account of and/or the failure, discontinuance, interruption or 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 rent be offset as a result of any of the foregoing excuse any payment or performance by Tenantsuch interruption, unless caused by any such utility interruption is due to the Landlord’s gross negligence of or intentional misconduct and continues for forty-eight (48) hours or more after Tenant provides written notice thereof to Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant Landlord shall pay promptly for all provide mains and conduits to supply water, gas, heatelectricity and sanitary sewage to the Property. Tenant shall pay, lightwhen due, powerdirectly to the appropriate provider, all charges for sewer chargesusage or rental, garbage disposal, trash or refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone installation and/or other utility hookup, connection services or energy source separately metered and service charges, sprinkler standby charges, and for all other services and utilities supplied furnished to the Demised Premises on and after during the Commencement DateTerm of this Lease Agreement, or any renewal or extension thereof, together with any taxrelated installation or connection charges or deposits (“Utility Costs”). If additional costs are required to separately meter the Premises it will be at Landlord’s sole cost and expense. If any services or utilities furnished to the Premises are jointly metered with other premises, excise or surcharge thereon. Within Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within ten (10) business days after the expiration or termination following Tenant’s receipt of the Term of this Leasean invoice therefore, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay such share 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 LandlordRent. If Landlord is required elects to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 furnish any of the foregoing excuse any payment utility services or performance by other services furnished or caused to be furnished to Tenant, unless 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 the gross negligence 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, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.0114.1. Tenant Sublessor shall pay promptly 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 all the buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, gas, heat, light, power, sewer chargeselectricity, 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 hookupfacilities 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, connection 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 chargesduring 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, sprinkler standby chargespublic 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 for all other services and utilities supplied to the Demised Premises on and after the Commencement DateSublessee will pay Sublessor, together with any tax, excise or surcharge thereon. Within within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the expiration or termination applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be in excess of the Term 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 lawful and proper installation and maintenance upon the Subleased Premises of wires, pipes, conduits, tubes and other equipment and appliances required to supply any such service upon the Subleased Premises, and Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone arid any other utility used or consumed in the Subleased Premises and 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 provisions of Article 15 of this Lease, Tenant Sublease applicable to construction work. 14.4. Sublessee (and any sublessee or assignee of Sublessee) shall provide Landlord be solely responsible for obtaining at its sole cost and expense 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 satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 land use control regulations promulgated by Sublessor and paid for by Landlord. If Landlord is required any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to construct new or additional utility installationssewage treatment works, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased any pre-treatment 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.0214.5. Landlord can discontinueNotwithstanding anything in this Article 14 to the contrary, without notice to TenantSublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, any 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. In connection with said relocation, upgrade and improvement, Sublessee agrees to-pay its proportional share of the utilities or services furnished 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 Demised Premises for which Tenant fails 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 pay the issuance by the City of Portsmouth of a Building Permit and no the commencement of construction of the Facility Sublessee shall enter into a written agreement with the City of Portsmouth, with such discontinuance 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 deemed considered an actual or constructive eviction. SECTION 6.03imposition under Article S of this Sublease. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.END OF ARTICLE 14 -----------------

Utilities. SECTION 6.01. Tenant shall pay promptly for the cost of all water, gas, heat, light, power, sewer chargessewer, telephone installation utility hookuptelephone, connection and service charges, sprinkler standby chargesrefuse disposal, and for all other utilities and services and utilities supplied to the Demised Premises on and after Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, 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 Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant's equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and paid by Tenant, or if any such services are furnished and paid for by Landlord, other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord as Additional Rent to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of 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 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 is required shall have the right at any time and from time to construct new time to contract for service from any company or additional companies providing electrical, telecommunication, or other utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, service to the Building. Tenant shall on demand pay 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 Landlordthe Premises and to the electic lines, in advance of installationfeeders, the total cost of such installation. Landlord reserves the right to interrupt the supply of waterrisers, gas, electric and also sewer service wiring and any other similar utilities machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for the Demised Premises when required any loss, damage or expense that Tenant may sustain or incur by reason of accident any change, failure, interruption interference or defect in the supply or character of repairs, alterations the electricity or improvements, until such repairs, alterations or improvements shall have been completedother utilities supplied to the Premises. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any makes no representation or warranty as the suitability of the utilities or services furnished to the Demised Premises utility service for which Tenant fails to pay Tenant's requirements, and no such discontinuance change, failure, defect, unavailability or unsuitability shall be deemed an constitute any actual or constructive eviction. SECTION 6.03, 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. Under no circumstances Landlord shall Landlord not be liable to in damages or otherwise for any failure or interrupt/on of any utility service, and no such failure or interruption shall entitle Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseLease or abate the rent due hereundxx.

Utilities. SECTION 6.01. (a) Tenant shall furnish and pay promptly for for, at its sole cost and expense, all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises (with the exception of water) by any utility company, whether public or private, including but not limited to gas, electricity, fuel oil and telephone. Tenant shall open an account in its own name on and after or before the Commencement Date. Notwithstanding the foregoing, if as of the Commencement Date, together with any taxthe electric and/or natural gas service is not separately metered for the Demised Premises Tenant shall pay to Landlord, excise or surcharge thereon. Within as additional rent, within ten (10) days after the expiration or termination of Landlord?s invoice thereof, a prorata share of the Term electricity and/or natural gas charges as measured by the meter servicing the Demised Premises (such prorata share to be calculated based upon the portion of this Leasethe area served by such meters represented by the Demised Premises). In the event Tenant fails to open an account in its own name with the electric and/or natural gas utility company as of the Commencement Date (or as of the date that the Demised Premises becomes separately metered, if later than the Commencement Date), Tenant shall provide reimburse Landlord with satisfactory evidence that all such for the utility charges incurred by Landlord in providing service to the Demised Premises prior to the date the accounts have been paid through the last day transferred and shall pay Landlord's administrative fee of seven and one-half (7.5%) percent of the Termamount so due. Such sums shall be paid by Tenant agrees as additional rent, within ten (10) days of Landlord's invoice therefor. Nothing in the foregoing shall be deemed to immediately apply for all applicable utilities relieve Tenant from the obligation to be separately metered transfer the accounts to its name or to prevent Landlord from terminating the utility service account in its name effective as of the Commencement Date or any date thereafter. (b) The parties hereby acknowledge and billed to Tenant. If any such services agree that the Demised Premises are not separately metered for water or for sprinkler supervisory service. In addition to and paid by Tenant, or if any such services are furnished and paid for by Landlordthe additional rent payable under Paragraph 47 below, Tenant shall pay to Landlord Landlord, as Additional Rent a reasonable proportion to be determined by Landlord additional rent, within ten (10) days of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations's invoice therefor, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed Proportionate Share of Landlord's cost for water consumed at the Building and/or Real Property, for sprinkler supervisory service and for sewer charges, if any, assessed or increased requirements, imposed against the Building and/or Real Property. 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 not use water for 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursthan normal lavatory purposes. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01Tenant at its sole cost and expense shall obtain and promptly pay for installation of facilities and all utility, communication and other services furnished to or consumed on the Property, including, but not limited to, electricity, cable, gas, water, sewer, stormwater, heat, cooling, telephone, janitorial, garbage collection, and all charges related to any of these services, including any tap-in, connection or impact fees. Tenant shall pay promptly for all waterhave the right, gasat its option, heat, light, power, sewer charges, telephone installation to repair and restore utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises Property as Tenant may deem necessary to reasonably conduct its business on the Property consistent with the permitted use of the Land. Landlord shall cooperate with Tenant, at Tenant’s expense, in all applications for utility service; and after Landlord agrees to grant to utility providers any easements reasonably required for providing utility services required for Tenant’s use of the Commencement DateLand and the Project. Tenant shall deliver written requests to Landlord, together with a legal description of any taxrequested easement, excise or surcharge thereon. Within ten (10) days after the expiration or termination and provide sufficient advance notice of the Term nature, scope and duration of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through any easements required for the last day use of the TermLand and the Project. Landlord will receive and process Tenant's requests for the grant of easements and invoice Tenant agrees to immediately apply for all applicable utilities fees, costs and expenses related thereto in accordance with Landlord’s then-current standards, processes and procedures for such matters. Such easements granted by Landlord shall be non-exclusive. Landlord, at Tenant’s sole cost and expense, shall coordinate with Master Landlord and provide documents in forms acceptable to be separately metered and billed to TenantLandlord. If Each easement shall (a) not materially impair the value, functionality, safety or remaining useful life of the USF Campus, any such services are not separately metered to and paid by Tenantportion thereof, or if any such services are furnished improvements, buildings and paid structures thereon, or materially increase the costs to operate, insure, maintain and repair of the foregoing; (b) be reasonably necessary for the use of the Land and the Project as permitted by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord this Sublease; (c) not cause any part of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installationthe USF Campus, the total cost Land or the Project to fail to comply with the requirements of such installationapplicable Laws, Governmental Authorizations or USF rules, regulations or standards; and (d) be permitted by and subject to all recorded easements and other restrictions, encumbrances and agreements affecting the Land. 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate change the locations of any such easements, as it sees fit in its sole discretion, as long as such changes do not materially impair Tenant’s ability to construct, operation and maintain the Project for the permitted uses hereunder. No such easement granted to Tenant hereunder shall extend beyond the Term of this LeaseSublease.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied In addition to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more's Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the Tenant shall have be responsible for the right cost of all utilities including electricity supplied to terminate the Leased Premises. The Tenant shall not, without the prior written approval of the Landlord, which may be arbitrarily withheld, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage or any telecommunications lines and/or conduits in excess of that normally required for office premises. If, 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 installments 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 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 Tenant shall upon the Landlord's request install a separate utility meter or meters in the Leased Premises at the Tenant's expense. In addition to the payments to the Landlord required by this LeaseArticle 7.00, the Tenant shall pay all rates, charges, costs and expenses as may be assessed or levied by any supplier of utilities to the Tenant other than those supplied by the Landlord.

Utilities. SECTION 6.01LANDLORD is responsible for providing the following utilities only: . Tenant shall The TENANT agrees to pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection charges and service charges, sprinkler standby charges, and deposits for all other services utilities and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant TENANT agrees to have all accounts for utilities immediately apply placed in TENANT name with accounts kept current throughout occupancy. Garbage and or trash removal is considered a utility under this lease. If the utilities which TENANT is responsible for all applicable are still in LANDLORD'S name at the time TENANT takes occupancy, TENANT agrees that LANDLORD shall order such utilities to be separately metered terminated. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and billed the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to Tenantreplace, provide or pay for these removed services for TENANT. If TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services are by the association shall not separately metered be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and paid pay for essential services upon notice and demand by Tenantthe LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying for the monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease. Tenant 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 and/or cable service. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational & properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD'S prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements & additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. XXXXXX agrees to indemnify LANDLORD for any such services are furnished expenses incurred due to the towing of any vehicle belonging to the guest or invitee of TENANT. TENANT agrees that only the following vehicles will be parked on the premises: . major repair to the premises must be made which will necessitate the TENANT'S vacating the premises, LANDLORD may at its option terminate this agreement and paid TENANT agrees to vacate the premises holding LANDLORD harmless for by Landlordany damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need or repair in writing. TENANT agrees that they shall immediately test each smoke detector and shall maintain same. In the event the TENANT is responsible for paying for LP/Propane gas, Tenant TENANT shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered the fees and costs associated with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any rental of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictiontank. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. 11.1 To the extent that the Premises are separately metered for a particular Utility (as hereinafter defined) service, Tenant shall pay promptly for directly to the applicable service provider when due all costs, charges and deposits related to Tenant’s consumption of water, gas, heatelectricity, fuel, light, heat, power, sewer chargestelephone, telephone installation sewage services or any other utilities or services (collectively, “Utilities”) servicing the Premises. For Utility services that are not separately metered, Tenant shall pay Landlord for Tenant’s actual use and consumption of such Utility services at the Premises within thirty (30) days of Tenant’s receipt of Landlord’s invoice for same. Subject to the provisions of Section 25 hereof, Landlord shall have no liability to Tenant or any other party for any inadequacy, cessation, or interruption of any Utilities. Tenant covenants and agrees not to install or utilize any equipment which may or will exceed or overload the capacity of any Utilities furnished or servicing the Premises or the Entire Property. 11.2 If Tenant shall fail to promptly pay any utility hookupor communication charge for service, connection and service chargesLandlord may, sprinkler standby chargesbut shall not be obligated to pay such charge, and the sums so paid and any expenses incurred by Landlord in connection therewith shall be deemed to be an Additional Payment immediately due and payable by Tenant. 11.3 Tenant shall fail to promptly pay any utility service charge for all other services and utilities supplied which Landlord has billed Tenant or fails to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within pay within ten (10) days after the expiration or termination of due date thereof any Fixed Rent, Landlord shall have the Term right, in addition to any other remedies available to Landlord by the terms of this LeaseLease or at law, Tenant shall provide Landlord with satisfactory evidence that to cut off and disconnect any and all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises and all services during the period for which are furnished and paid for by Landlord. If Landlord is required to construct new such rent or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installationbills remain unpaid. 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord not be liable to Tenant for damages nor shall the rent, including Fixed Rent and Additional Rent, hereinabove stipulated be abated on account of the failure, discontinuance, interruption or quality any failure of the utilities or services furnished utility service when such failure is not due 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant During Normal Business Hours Landlord shall pay promptly for all furnish a reasonable level of water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection ventilation and service charges, sprinkler standby chargesair conditioning (“HVAC”), and a sufficient amount of electric current and other utilities as reasonably required for all other the comfortable occupancy and operation of the Premises for the Specified Use and as are reasonable and customary for tenants engaged in businesses comparable to Tenant’s business at the Premises. So long as the same remain reasonably cost competitive, Landlord shall retain the reasonable discretion to choose the utility vendors to supply such services and utilities supplied to the Demised Premises on and after the Commencement DateBuilding. Except with the prior written consent of Landlord, together with any taxwhich shall not be unreasonably withheld, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Leaseconditioned and/or delayed, Tenant shall not install or use any equipment, apparatus or device in the Premises that requires the installation of a 220 voltage circuit or the aggregate use of which will in any way increase the connected load to more than live (5) xxxxx per rentable square foot. Landlord hereby confirms that during Normal Business Hours, Landlord shall provide Tenant with five (5) xxxxx of electricity per rentable square feet per hour. Except with the prior written consent of Landlord with satisfactory evidence that all such utility charges have been paid through (to the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlordextent required under Section 12.12), Tenant shall pay not connect any electrical equipment to Landlord as Additional Rent a reasonable proportion the electrical system of the Building, except through electrical outlets already existing in the Premises, nor shall Tenant xxxxxx, revise, delete or add 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 utility installations, including, without limitation, wiringthe electrical, plumbing, conduitsmechanical or HVAC systems in the Premises, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished Notwithstanding anything to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failurecontrary herein, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseinstall supplemental HVAC units in the Premises (each, a “Unit”). ‘Tenant shall be responsible for all costs associated with the purchase, installation, maintenance and repair of the Units. If Tenant installs a Unit, Landlord shall, at Tenant’s sole cost and expense, install a meter to measure the electricity consumed by the Unit (the “Meter”). Tenant shall reimburse Landlord for the cost of the Meter within thirty (30) days following Tenant’s receipt of Landlord’s billing. In addition, Tenant shall pay, as Additional Rent, within thirty (30) calendar days after Tenant’s receipt of Landlord’s billing, for the actual amounts of the electricity consumed as shown on the Meter. Said billing shall be calculated on the usage indicated by the Meter, and shall be issued by Landlord at the rates charged for such services by the local public utility furnishing the same.

Utilities. SECTION 6.01(a) To the extent gas, water, sewer, electricity, telecommunications, and other energy, utilities and services used or consumed on the Premises during the Lease Term are separately metered, Tenant agrees that it shall pay all charges and deposits directly to the applicable utility provider. To the extent the Premises are not separately metered for any such utilities and/or services, then Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within 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 expiration costs of utilities and/or services serving the Premises. Landlord reserves the right (at Landlord’s expense) to separately meter any utilities used or termination 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 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 (i) shall be under no obligation whatsoever to furnish any such utilities or services to the Premises and (ii) shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of this Leasethe same. (b) Upon written request from time to time, Tenant shall provide Landlord with satisfactory evidence that all such utility charges 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 been paid through the last day no responsibilities, obligations, or liabilities for any failure or interruption of any of the Termservices 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 agrees for any lost profits, or for any indirect or consequential damages. No failure or omission on the part of Landlord to immediately apply for all applicable utilities to furnish any of the services described in this Section 5.3 shall be separately metered and billed to Tenant. If any such services are not separately metered to and paid by 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 contrary contained in this Lease, if the Premises shall lack any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises and all services service which are furnished and paid for by Landlord. If Landlord is required to construct new provide hereunder, which lack of service renders the Premises or additional utility installationsa portion thereof untenantable (a “Service Interruption”), including, without limitation, wiring, plumbing, conduitssuch 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 mains, resulting from Tenant's changed or increased requirements, if Tenant shall on demand pay ceases to Landlord, in advance use the affected portion of installation, the total cost Premises during such period of untenantability (the “Service Interruption Period”) as the direct result of such installation. Landlord reserves the right lack of service, then, provided neither such Service Interruption nor Landlord's inability 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 cure such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 Service Interruption is caused by the gross negligence fault or neglect of Tenant or Tenant's agents, employees or contractors, 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 said utilities are discontinuedthe 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, at no fault or taking. The remedies set forth in this Section 5.3(d) shall be Tenant's sole remedies in the event of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseService Interruption.

Utilities. SECTION 6.01(a) Tenant shall pay for the use of all electrical, gas, water, sewer and other utility service to the Leased Premises. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all be billed directly by each such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to (except water which may at Landlord’s election be separately metered and billed to Tenant) and Tenant agrees to pay each such xxxx promptly in accordance with its terms. If In the event that for any such services are reason Tenant cannot be billed directly, Landlord shall forward each xxxx with respect to the Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately metered to and paid by Tenant, or if for any such services are furnished and paid for by Landlordreason, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined 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 all charges jointly metered with other premises and all services which are furnished and paid 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 by Landlord. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirementswater used in the Leased Premises, Tenant shall on demand pay to Landlord, in advance of installation, not waste or permit the total cost of such installation. Landlord reserves the right to interrupt the supply wasting of water, gasnor shall Tenant use water for purposes other than drinking, electric and also sewer service and any other similar utilities for the Demised Premises when required by reason of accident lavatory, laboratory or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless of whether such utilities or services are furnished toilet purposes through fixtures installed by Landlord or by third Tenant, with Landlord’s consent. Tenant shall pay Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, 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, 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, nor 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 Tenant’s use and possession of the Leased Premises or relieve the Tenant from paying rent or performing any of its obligations under this Lease. Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the foregoing excuse Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”), and such inability is the result of an occurrence within Landlord’s reasonable control and materially impairs Tenant’s ability to carry on its business in the Leased Premises for a period of five (5) consecutive business days, the Base Rent shall be abated commencing with the sixth (6th) business day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Leased Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any payment or performance remaining services no longer materially impairs Tenant’s ability to carry on its business in the Leased Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by Tenant, unless caused by the gross negligence of Landlordits employees, providedcontractors, howeveragents, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days licensees or more, the Tenant shall have the right to terminate this Leaseinvitees.

Utilities. SECTION 6.01Prior to the Delivery Date, Tenant shall cause all of the Utility Expenses (hereinafter defined) to be placed in Tenant's name with the invoices sent directly to Tenant at the Premises. Tenant shall pay promptly for directly to the appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, lightelectricity, powerrefuse pickup, sewer chargesjanitorial service, telephone installation utility hookuptelephone, connection telecommunications and service chargesother utilities (collectively, sprinkler standby charges, and for all other services and utilities supplied the "Utility Expenses") billed or metered separately to the Demised Premises on and/or Tenant during the Term of the Lease and after during the period of Tenant's occupancy of the Premises prior to the Commencement Date. Tenant shall also pay any and all assessments or charges for utility or similar purposes included within any tax bxxx for the Lot on which the Building is situated, together with including without limitation, entitlement fees, allocation unit fees and/or any tax, excise similar fees or surcharge thereoncharges. Within ten (10) days after the expiration or termination of the Term of this LeaseUpon Landlord's request, Tenant shall provide promptly deliver to Landlord with satisfactory written evidence that all such utility charges have been paid through the last day of Tenant's payment of the TermUtility Expenses. Tenant acknowledges that the Premises may become subject to the rationing of water or restrictions on water use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such water, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to immediately apply for all applicable utilities such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be separately metered and billed to Tenant. If any such services are not separately metered to and paid kept or performed by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 any such rationing or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedrestrictions. Landlord Tenant further agrees to use its best efforts timely and faithfully pay, prior to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenantdelinquency, any of amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless of whether such utilities or services are furnished Tenant's use and occupancy thereof by Landlord a public utility company, governmental agency, taxing authority or by third parties, nor shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasesimilar entity having jurisdiction thereof.

Utilities. SECTION 6.01All utility services within and to the Premises required by Xxxxxx must be obtained at Lessee's sole cost and expense by connection to the utilities installed at the Premises or in the vicinity thereof. Tenant 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 promptly for all watermeters and measuring devices installed by Lessee or by any utility on the Premises, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesto the extent payment is required by those utilities providing service, and shall pay for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall stormwater utility fees) consumed by Lessee 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 Premises. (b) Lessee agrees that Authority shall have been completed. Landlord agrees no liability to use its best efforts Lessee arising out of any interruption of utility service to limit such interruptions the Premises, whether or not caused by repairs or alterations being made to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any part of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 TenantAirport, unless caused by the gross such liability arises from Authority's proven negligence of Landlord, or willful misconduct; provided, however, if said utilities are discontinuedto the extent that utility service is within the control of Authority, at Authority will provide reasonable notice to Lessee of any scheduled interruption and will make a reasonable effort to restore (or cause to be restored) utility service as promptly as reasonably possible. Reasonable notice under this Section 5.5(b) shall be no fault later than thirty (30) days prior to commencement of ordinary repairs and alternations, and in the event of an emergency as soon as the Authority becomes aware of the Tenantemergency. In the event that an interruption of utility service is caused by the Authority’s negligence, and such interruption continues for more than twenty-four (24) hours, Xxxxxx’s then current Annual Rent shall be abated on a consecutive period day for day basis until the utility service is restored to a level satisfactory to Lessee in its sole discretion. For purposes of 180 days or morethis Section 5.5, the Tenant acts of a third party shall have not constitute acts within the right to terminate this Leasecontrol of Authority unless such acts were authorized by Authority.

Utilities. SECTION 6.01. Tenant Lessee shall pay promptly for the cost of all waterutilities and public services including but not limited to, gas, heatwater, lightelectric, powersanitary sewer, sewer chargessurface water removal, telephone installation utility hookuptree trimming, connection snow removal, lawn and service chargesgarden maintenance and upkeep. OPTION TO PURCHASE Provided that the Tenant is not in default and upon not less than one hundred twenty (120) days written notice by Tenant to Lessor given prior to expiration of the initial term off this lease of Tenant's intent to exercise said option, sprinkler standby chargesLessor hereby grants to Tenant an option to purchase the Demised Premises on expiration of such initial term. The purchase price for the Demised Premises (the "Purchase Price") will be determined by appraisal of the fair premises as or option exercise, as follows. The Demised Premases will be appraised by an appraiser designated by Lessor, an appraiser designated by Tenant, and an appraiser mutually designated by the parties, or failing that, designated by the Xxxxxx County District Court upon application of either party. All appraisers will be MAI appraisers having at least five (5) years experience in the appraisal of commercial properties in the Twin Cities metropolitan area. The appraisers will be directed to submit their appraisals in writing to the parties thirty (30) days prior to expiration of the initial term of this lease. The Purchase Price will be the average of the two closest appraisals. The Purchase Prices will be the average of two appraisals if the third appraisal is not received within fifteen days after receipt of the first two appraisals. Each party will pay for all the appraisal of the appraiser designated by such party, and the parties will bear equally the cost of the third appraisal. Lessor will, within thirty (30) days after option exercise, furnish a complete abstract of title for the Demised Premises certified to date to include propler searches covering bankruptcies, and state and federal judgments and liens and levied and pending special assessments. The Tenant will be allowed thirty (30) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made Lessor will be allowed sixty (60) days to make such title marketable. If said title is not marketable and is not made so within sixty (60) days from the date of written objections as above provided, Tenant's option exercises will be null and void, at, Option of the Tenant, and neither party will be liable for damages hereunder to the other services and utilities supplied party. If the title to the Demised Premises is found marketable or is so made within said time, and Tenant defaults in payment of the Purchase Price as provided hereunder, then Lessor may terminate the sale of the Demised Premises, time being of the essence hereof. This provision will not deprive either party of the right of enforcing the specific performance of the sale of the Demised Premises provided such sale is not terminated as aforesaid, and provided action to enforce such specific performance is commenced within six (6) months after such right of action arises, nor will it deprive either party of the right of enforcing a claim for money damages resulting from the other party's default hereunder. Closing will be held at Tenant's offices or other mutually agreed upon location on and after the Commencement Dateexpiration date of the initial term of this lease or, together with any taxif later, excise or surcharge thereon. Within ten fifteen (1015) days after receipt by the expiration or termination parties of the Term of this Leasesecond appraisal submitted hereunder. At the closing, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been the Purchase Price will be paid through the last day of the Term. Tenant agrees to in immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid available funds by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiring, plumbing, conduitswire transfer, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to LandlordLessor will execute and deliver an affidavit, in advance of installationthe customary form, the total cost of such installation. Landlord reserves the right relative to interrupt the supply of water10 judgments, gasfederal tax liens, electric mechanic's liens, bankruptcy and also sewer service and any other similar utilities for outstanding interests in the Demised Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished and a warranty deed conveying marketable title to the Demised Premises subject only to the following exceptions: Building and zoning laws, ordinances, State and Federal regulations; Reservation of any minerals or mineral rights to the State of Minnesota; and Utility, drainage and flowage easements and road right of way of record. Lessor will pay for which Tenant fails any real estate transfer tax and the cost of recording any documents necessary to pay establish marketable and no such discontinuance shall be deemed an actual record title in Lessor. Lessor will execute any further instruments, documents or constructive eviction. SECTION 6.03agreement reasonably necessary to effectuate the sale contemplated hereunder. Under no circumstances shall Landlord be liable to Tenant on account In the event closing is delayed beyond the expiration of the failureinitial term of this lease, discontinuancethis lease will continue until closing, interruption provided that no rent will accrue after the first two months of such hold over period if such delay results from objections to title timely made or quality other reasons within the control 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseLessor.

Utilities. SECTION 6.01Utility Expenses, Common Area Utility Costs and all other sums --------- or charges set forth in this Section 7 are considered part of Additional Rent. Tenant shall pay promptly for prior to delinquency the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, lightelectricity, powerrefuse pickup, sewer chargesjanitorial service, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied billed or metered separately to the Demised Premises and/or Tenant. Tenant shall also pay its share of any assessments or charges for utility or similar purposes included within any tax xxxx 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 after any penalties related thereto; in the Commencement Dateevent Tenant shall not have caused such penalties, together Tenant shall not be required to pay any such penalties. For any such utility fees or use charges that are not billed or metered separately to Tenant, Tenant shall pay to Landlord, as Additional Rent, 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 taxsuch estimate or determination, excise then Tenant shall either pay the estimated amount or surcharge thereoncause the Premises to be separately metered at Tenant's sole expense. Within ten In addition, Tenant shall pay to Landlord Tenant's Share, which is set forth on Page 1, as Additional Rent, without prior notice or demand, on the first (101st) days after the expiration or termination day of each month throughout the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility of any costs, fees, charges have been paid through or expenses attributable to utilities used in lighting, cleaning and maintaining the last day of the TermCommon Areas ("Common Area Utility Costs"). Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs in the same manner and time periods as Additional Rent specified in Section 6.4 above and any reconciliation thereof shall also be in the same manner as specified in Sections 6.4 and 6.5 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 reasonable proportion change in the rentable square footage of the Premises, the 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, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be determined kept or performed 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 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 any such rationing or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedrestrictions. Landlord Tenant further agrees to use its best efforts timely and faithfully pay, prior to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenantdelinquency, any of amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease's use and occupancy thereof.

Utilities. SECTION 6.01. Tenant a. LESSEE shall pay promptly all costs for utility services (whether for installation, reimbursement, 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 waterpermits, gaslicenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, heatexcept that if such utilities should be supplied by the LESSOR, lightthen in this event, powerLESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of LESSOR’s invoice. LESSOR agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, sewer chargesplus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, telephone installation then LESSEE shall bear all responsibility for restoration of LESSEE’s own property in case of repairs by the LESSOR or the utility hookupowner. b. The LESSEE agrees to indemnify and hold LESSOR harmless, connection and in LESSOR’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service charges, sprinkler standby chargesfurnished by LESSOR or its suppliers, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 LESSOR further reserves the right to interrupt temporarily terminate the supply supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of waterrepairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such d. Any utilities designed and installed by LESSEE is subject to the express approval of the LESSOR prior to installation. All utilities, including but not limited to, electrical, gas, electric data and also sewer service communications utilities installed or caused to be installed shall be underground, and any no utility services or other similar utilities for cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, all conduits or ducts installed shall be considered fixtures as defined under Section 42 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and shall become the Demised Premises when required by reason owned property of accident or LESSOR. All utility facilities installations shall meet the requirements of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursSection 21 FUTURE ALTERATIONS AND IMPROVEMENTS of this Agreement. SECTION 6.02e. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. Landlord can discontinueLESSEE shall take all reasonable precautions to prevent the discharge of material into any drainage system that would create interference with the flow therein, without notice to Tenant, any or that would cause a hazard or unlawful contamination thereto. A copy of the utilities or services furnished LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionLESSOR upon the LESSOR’S request. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for pay, directly to the appropriate supplier (except as otherwise set forth in this Section), all watercosts of natural gas, gaselectricity, heat, light, power, sewer chargesservice, telephone installation utility hookuptelephone, connection water, refuse disposal and service charges, sprinkler standby charges, other utilities and for all other services and utilities supplied to the Demised Premises on Premises. The utilities for water and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services exterior lighting are not separately metered to for the Premises and paid by Tenant, or if any such services are furnished and paid for by Landlord, Landlord shall make a reasonable determination ofTenant's share ofsuch utilities thereofand Tenant shall pay to Landlord its share, as Additional Rent hereunder, within fifteen (15) days after receipt of an invoice from Landlord. The cun-ent utility service providers (eac h such company shall hereinafter be referred to as a reasonable proportion to be determined "Current Service Provider") are utility companies selected 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 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 provide 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 been completedPremises. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of Notwithstanding the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, howeverforegoing, if said utilities are discontinuedpermitted by law, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant Landlord shall have the right at any time and from time to terminate this time during the Term to either contract for service from a different company or companies providing service ( each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Current Service Provider, provided that the rates for services do not increase as the result of any such change. Tenant shall reasonably cooperate with Landlord, the Current Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Current Service Provider and any Alternate Service Provider reasonable access to the Premises' electric lines, feeders, risers, wiring, and any other machinery within the Premises, provided that such access shall not unreasonably interfere with the operation ofTenant's business in the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason ofany change, failure, interference, disruption, defect, unavailability . or unsuitability in the supply or character ofthe energy furnished to the Premises ( each, a "Service Failure"), and no such Service Failure shall relieve Tenant from any of its obligations under the Lease.. Notwithstanding anything herein to the contrary, if the Premises, or any portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of a Service Failure caused by the negligence or willful misconduct of Landlord or any Landlord Indemnified Party (as hereinafter defined), then Tenant shall be entitled to receive an abatement ofRent payable hereunder during the period commencing on the fourth ( 4th) day ofsuch Service Failure oruntenantability, as the case may be, and ending on the day such Service Failure bas been fully remedied such that the Premises, or such affected portion thereof, are no longer 781999_9 10

Utilities. SECTION 6.01Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay promptly for all watersuch share to Landlord within thirty (30) days after receipt of Landlord's written statement. Without limiting the foregoing, gasfollowing the Expansion Date, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other if any services and or utilities supplied to the Demised Leased Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 property outside of the Property, Landlord is required shall make every effort to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting submeter the Leased Premises from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installationproperty. Landlord reserves the right to interrupt the supply shall not be liable in damages or otherwise for any failure or interruption of water, gas, electric and also sewer any utility or other Building 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance failure or interruption shall be deemed an actual entitle Tenant to terminate this Lease or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, withhold sums due hereunder; provided, however, if said that Landlord shall use good faith, diligent efforts to restore such services or utilities are discontinuedas soon as possible. Notwithstanding the foregoing, at no fault in the event that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (b) the restoration of such utility service is within Landlord's control, and (c) such interruption renders all or a portion of the Leased Premises untenantable (meaning that Tenant is unable to use, and does not use, such space in the normal course of its business for the Permitted Use) for more than three (3) consecutive business days, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, for a consecutive period of 180 days or more, the and Tenant shall have the right not be entitled to terminate this Leasedamages (consequential or otherwise) as a result thereof.

Utilities. SECTION 6.01LESSOR shall provide to the Leased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and also to the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 PM each business day (herein “Normal Business Hours”). Tenant LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at LESSEE’s sole cost and expense). Notwithstanding the foregoing, LESSEE shall pay promptly all charges for electricity used on the Leased Premises. LESSEE shall pay all water, gas, heat, light, power, sewer actual charges, telephone installation utility hookupwithout xxxx-up or profit to LESSOR, connection 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 xxxx 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 service 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, sprinkler standby 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 all other services and utilities supplied to the Demised Premises on and after the Commencement Datethat year, together with as appropriate. LESSEE shall pay any tax, excise or surcharge thereon. Within ten deficiency shown thereon within thirty (1030) days after of its receipt of said invoice. In the expiration or termination 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 Term of this Leaserelevant electric bills, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through and information regarding which spaces in the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services Building are not separately metered to other lessees and paid 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 TenantLESSEE for the Leased Premises on the basis of $ 150.00 per zone (there being one zone in the office portion of the Leased Premises), 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 forty eight (48) 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 if 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 such services are furnished 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 LandlordLESSEE, Tenant non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall pay 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 Landlord as Additional Rent the Leased Premises on a reasonable proportion 24-hour basis, (b) base Building fire and life-safety systems; and (c) janitorial and cleaning service to common lavatories and common areas. LESSEE shall not 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 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 for 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished as aforesaid to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionextent the same are included in Operating Expenses. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to Commencing on the Demised Premises on and after earlier of the Commencement Date, together with any tax, excise Date or surcharge thereon. Within ten (10) days after the expiration or termination date Landlord delivers possession of the Term of this LeasePremises to Tenant, Tenant shall provide Landlord with satisfactory evidence also pay when due, without demand, offset or deduction, as additional rent during the Lease Term, all charges for utilities furnished to or for the use or benefit of Tenant or the Premises. Consumption charges for all utilities for the Premises that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed by Landlord or the utility provider shall be paid by Tenant directly to Tenantthe utility provider when due. If Consumption charges for any such services are utilities not separately metered to a particular tenant in the Building shall be included within the definition of Operating Expenses and paid recoverable by Landlord as provided in Section 7 above; provided, however, that (i) if Tenant and one or more (but less than all) other tenants of the Project share a utility meter, then Tenant shall pay Landlord monthly one-twelfth (1/12) of Tenant, or if any ’s annual estimated pro-rata share of consumption charges for such services are furnished and paid for shared utility service as equitably determined by Landlord, and (ii) to the extent Tenant uses a disproportionate amount of water and sewer service as reasonably determined by Landlord, Landlord shall have the right to submeter Tenant’s usage of water and sewer service and collect from Tenant monthly, in advance, one-twelfth (1/12th) of the annual estimated consumption charges for such services, which amounts shall be reconciled annually together with Landlord’s reconciliation of Operating Expenses. Except to the extent of Landlord’s negligence (unless waived pursuant to Section 15.C. herein), Landlord shall not be liable for damages or otherwise, and Tenant shall pay have no right of demand, offset, abatement or deduction, if any utility provider’s service to Landlord as Additional Rent a the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or any other causes beyond the reasonable proportion to be determined by Landlord control of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If any public authorities require a reduction in energy consumption in the use or operation of the Building or Project, Tenant agrees to conform to such requirements. Except as otherwise provided herein, Landlord is required to construct new shall not be liable for damages or additional utility installations, including, without limitation, wiring, plumbing, conduitsotherwise, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay have no right of demand, offset, abatement or deduction, if any utility provider’s service to Landlordthe Premises is interrupted or impaired by weather, in advance fire, accident, riot, strike, act of installationGod, the total cost making 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 necessary repairs or improvements, until or any other causes beyond the reasonable control of Landlord. Notwithstanding the foregoing, in the event (i) either (x) such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality impairment 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 service is caused by the gross negligence of LandlordLandlord or its contractors, agents or employees or (y) such interruption or impairment is not caused by Tenant’s acts or omissions and Landlord fails to take all commercially reasonable steps to restore such service as soon as reasonably possible, (ii) the interruption or impairment of service continues for a period of three (3) consecutive business days, and (iii) as a result of such interruption or impairment of service the Premises are rendered untenantable, then in such case the payment of Rent shall equitably xxxxx in proportion to the area of the Premises rendered untenantable by such disrupted utility beginning on the fourth (4th) day and such abatement shall continue until such service is restored to the Premises, provided, however, if said utilities are discontinued(a) in no event shall the abatement exceed the actual amount of insurance proceeds recovered by Landlord under its rent loss insurance for the Project, at no fault (b) a condition precedent to Tenant’s right of the Tenant, for a consecutive period of 180 days or more, the abatement is that Tenant shall have cooperate with Landlord and provide such information or certifications reasonably required in order to submit a claim for such rent loss insurance, and (c) the right abatement shall only apply to terminate this Leasethe extent the type of utility interrupted is either gas, electric, water or sewer.

Utilities. SECTION 6.01Tenant shall during the term pay all (i) utility charges for those utilities to the Premises which are separately metered based on actual usage, and (ii) utility charges allocable to the Premises, without mark-up, for those utilities to the Premises which are submetered, and (iii) all charges for telephone and other services not supplied by Landlord pursuant to Subsections 5.1.1 and 5.1.2, whether designated as a charge, tax, assessment, fee or otherwise, all such charges to be paid as the same from time to time become due. Except as otherwise provided in this Section 4.5 or in Article 5, it is understood and agreed that Tenant shall make its own arrangements for the installation or provision of all utilities and services and that Landlord shall be under no obligation to furnish any utilities to the Premises. Tenant acknowledges that Annual Fixed Rent does not include the cost of supplying utilities to the Premises. The Premises shall, as part of Tenant’s Work, be separately metered for electricity and Tenant shall contract directly with the public utility for a supply of electricity to the Premises and shall pay all bills therefor when due. Tenant shall pay promptly for as Additional Rent all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection cost of water and service charges, sprinkler standby charges, and for all other services and utilities gas supplied to the Demised Premises on as determined by Landlord by submetering or similar device and after the Commencement Datecost of installing, together with operating, maintaining and repairing any taxmeter or other device used to measure Tenant’s water and gas consumption and any cost incurred by Landlord in keeping account of or determining Tenant’s water and gas consumption. Alternatively, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by at Landlord’s option, Tenant shall pay Tenant’s Percentage of the charges for water and gas allocable to Landlord as Additional Rent a reasonable proportion those portions of the Building leased or intended to be leased to tenants, within ten days of invoice therefor, provided however if some or all of the areas leased or intended to be leased to tenants are separately metered for water and/or gas, such Tenant’s Percentage for purposes of this Section 4.5 only shall 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 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, dividing 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any rentable area of the utilities or services furnished to Premises by the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account rentable area of the failure, discontinuance, interruption or quality portions of the utilities or services furnished to Building not separately metered for water and/or gas consumption, as 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leasecase may be.

Utilities. SECTION 6.01The Landlord agrees to pay any standing and usage charge for utilities that may be due before the tenant took over the tenancy. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied To hand the Property over to the Demised Premises on Tenant in an acceptable condition. The Landlord accepts that a rented property needs a programme of maintenance and after the Commencement Date, together with any tax, excise or surcharge thereonupgrading to remain in a lettable condition. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to Should works be 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 by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, bring the property back to the acceptable standard then the Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installation. Landlord reserves the right to interrupt suspend payments until such works are completed. The Landlord will maintain the property in good repair and good decorative order and keep in full working order the central heating system and all electrical appliances and other equipment provided by the Landlord for the use of the Sub-Tenant unless said repair is necessary as a result of damage sustained through misuse by the Sub-Tenant. The Landlord undertakes to comply at all times with The Fire and Furnishings (Fire)(Safety) Regulations 1988 (as amended), The Gas Safety (Installation and Use) Regulations 1994 (as amended), The Electrical Equipment (Safety) Regulations 1994, and any other relevant safety provisions of a statutory nature or requires by a competent authority In the event a drain becoming blocked and because of the difficulty in determining the cause of the blockage, the Landlord agrees to pay 50% of all costs involved in unblocking unless it can be demonstrated by the independent contractor that the blockage was caused by no fault of the Sub-Tenant(s) then the Landlord agrees to pay 100% of the cost. In the event of the property requiring maintenance work and providing the Tenant has made reasonable endeavours to contact the Landlord, the Tenant may proceed to make arrangements for remedial work to be undertaken and the Landlord agrees to pay for the work including any call out charges made by the provider of the maintenance. In the event of the property requiring emergency repairs the Tenant may proceed to make arrangements for emergency remedial work to be undertaken and the Landlord agrees to pay for the work including any call out charges made by the provider of the emergency works. The Landlord accepts that if the Tenant organises contractors to carry out work on behalf of the Landlord, the Tenant does so purely as a service and accepts no responsibility for workmanship. Sections 11-16 of the Landlord and Xxxxxx Xxx 0000 (as amended by the Housing Act 1988) apply to this Agreement. These require the Landlord to keep in repair the structure and exterior of the Property (including drains, gutters, and pipes) and keep in repair and proper working order the installations in the Property for the supply of water, gas, electric electricity, sanitation, and also sewer service for space and water heating. If the Property is in a block managed by a Managing Agent it is the Landlord’s responsibility to liaise with the Managing Agent on any other similar utilities for maintenance or repair issues with the Demised Premises when required by reason of accident external structure or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hourscommunal areas within the block. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant Sublandlord shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and furnish to Subtenant the utilities supplied which are furnished by Landlord to Sublandlord pursuant to the Demised Prime Lease. Sublandlord represents and warrants that the Prime Lease contains the following provisions relating to the payment for utilities, which are hereby incorporated into this Sublease to the extent applicable to the Premises on and/or Subtenant’s use and enjoyment thereof: (a) From and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay to Landlord the cost of all electricity, gas, water and all other utilities used or consumed at the Premises, as Additional Rent a reasonable proportion Rent. (b) The Tenant shall pay for electric consumption for the Premises in equal monthly installments, in advance, together with Tenant's monthly payment of Base Rent. All of the Spaces leased under the Prior Leases have been provided with check meters to measure the consumption of electricity at the Premises. The cost of electricity shall be determined on the basis of the rate charged for such load and usage in the service classification in effect from time to time pursuant to which Landlord then purchases electric current for the entire Building (without any mxxx up), net of all discounts and rebates received by Landlord and applicable to the Building, and the usage as measured by the check meters. The Premises Electrical Charge shall be reconciled with the actual costs approximately every 6 months during the first 12 month period following the Commencement Date and not less than annually thereafter. The Premises Electrical Charge shall be adjusted, if necessary, from time to time, to appropriately reflect the cost of all charges jointly metered with other premises electricity delivered to and all services which are furnished and paid consumed at the Premises. (c) Except, where applicable, for Grandfathered wsf Levels, the use of electrical service shall not exceed, either in voltage, rated capacity, or overall load the Base Building MEP, as the same may be increased by Landlordany Significant Capital Expense. If Tenant requests permission to consume excess electrical service, Landlord is required may refuse to construct new consent or additional utility installations, may condition consent upon conditions that Landlord reasonably elects (including, without limitation, wiringthe installation of utility service upgrades, plumbingmeters, conduitssubmeters, air handlers or cooling units), and mainsthe additional usage (to the extent permitted by Law), resulting from installation and maintenance costs shall be paid by Tenant. (d) Electrical service to the Building may be furnished by one or more unaffiliated companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Building, to aggregate the electrical service for the Building and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. In the event Landlord or any affiliate of Landlord generates or co-generates electricity and supplies such electricity to the Building, then the rate charged by Landlord for such electricity shall not exceed the rates charged for comparable electric service by unaffiliated providers. (e) If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance change, unavailability or unsuitability shall be deemed constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or Landlord's agents, except as may be otherwise specifically set forth herein. Notwithstanding the foregoing, Landlord covenants to use commercially reasonable efforts to obtain an alternate or substitute supplier of services. SECTION 6.03(f) The water charge shall be payable in equal monthly installments, in advance, together with Tenant's monthly payment of Base Rent. Under no circumstances Landlord shall, at Landlord's cost, install a flow meter and thereby measure the consumption of water for all purposes at the Premises. Tenant, at Tenant's sole cost and expense, shall keep any such meter and any such installation equipment in good working order and repair. The cost for water shall be determined on the basis of the cost to Landlord for water in effect from time to time from unaffiliated provider(s) (without any mxxx up), pursuant to which Landlord shall then have purchased water for the entire Building, net of all discounts and rebates received by Landlord and applicable to the Building. The water charge shall be liable reconciled with the actual cost approximately every six months during the first twelve-month period following the Commencement Date and not less than annually thereafter. The water charge shall be adjusted, if necessary, from time to time to appropriately reflect the cost of water delivered to and consumed at the Premises. (g) The consumption and the delivery to the Premises, of heating, ventilation and air-conditioning will be separately monitored and the actual out-of-pocket costs incurred by Landlord, net of all discounts and rebates received by Landlord, in connection therewith shall, in accordance with provisions of this Lease, be billed to Tenant through the Building management system and payable by Tenant monthly, together with Tenant's payment of Base Rent.” Subtenant shall be responsible, at its cost, for cleaning the Premises. Subtenant shall pay for the cost of gas, heat, air conditioning, water and sewer usage to Sublandlord, on account a monthly basis, in a pro-rated amount based on the number of rentable square feet in the failure, discontinuance, interruption or quality of the utilities or services furnished Premises compared to the Demised Premisestotal number of rentable square feet in the larger premises for which Sublandlord is paying for each such utility. Such payments shall be due within thirty (30) days after receipt of invoices from Sublandlord. Subtenant shall pay Sublandlord for the cost of electricity consumed in the Premises in a pro-rated amount based on the number of rentable square feet in the Premises compared to the total number of rentable square feet in the larger premises for which Sublandlord is paying for such utility. Such payments shall be in monthly estimated amounts due on the first day of each month and shall be subject to annual reconciliation, regardless consistent with the reconciliation procedures under the Prime Lease. In no event shall Subtenant be allowed to place a load on the electrical system that exceeds the safe capacity thereof. Notwithstanding anything to the contrary herein, in no event shall there be any duplication as between amounts owed by Subtenant under this Section 7 and amounts owed by Subtenant under other Sections of whether such utilities or services are furnished by Landlord or by third partiesthis Sublease, nor shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseincluding without limitation Section 3 hereof.

Utilities. SECTION 6.01Tenant shall be solely responsible for cost of the electrical utilities used to power Tenant’s Equipment. Tenant shall pay promptly have its own utility meter installed in a mutually agreed upon location and will request that Tenant’s utility usage is billed directly to Tenant by the applicable utility company. If separate metering is not commercially reasonable (as mutually determined by the Parties), then Tenant may install a utility sub meter on Landlord’s main utility meter, which Landlord shall read and bill to Tenant on a monthly basis (without mark-up) for Tenant’s utility consumption and provide Tenant with documentation to substantiate all waterinvoiced amounts. If Tenant installs a sub meter, gas, heat, light, power, sewer charges, telephone installation then Tenant’s actual utility hookup, connection usage charges shall be paid by Tenant to Landlord (each without mark-up) within sixty (60) days following Xxxxxx’s receipt of an undisputed invoice and service charges, sprinkler standby chargesdocumentation substantiating all invoiced amounts. Any utility lines and related equipment and appurtenances (“Utility Facilities”) may be brought by Tenant to the Property and the Premises as part of the Installation in the locations shown on Exhibit B, and for all other services and utilities supplied subsequent alterations or improvements related to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination Utility Facilities outside of the Term of this Lease, Tenant Lease Area shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay subject to Landlord consent as Additional Rent a reasonable proportion provided herein, such consent will not be unreasonably withheld, conditioned or delayed. Landlord grants to be determined by Landlord of all charges jointly metered with other premises Tenant and all services which are furnished and paid its utility providers non-exclusive easement(s) for by Landlord. If Landlord is required to construct new or additional utility installationsutilities, including, without limitation, wiringfiber optic cabling and electrical power as may be reasonably necessary for utilization of Tenant’s Equipment at the Premises in the area(s) specifically delineated on Exhibit B (the “Easement”). The Parties acknowledge and agree that independent third-party providers of utility services (“Utility Providers”), plumbingincluding but not limited to, 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 waterfiber, gas, electric and also sewer service telephone, may utilize the Easements, subject to any restrictions on access set forth in this Agreement, and further provided that prior to any entry on or use of the Property, such Utility Providers supply a certificate of insurance evidencing coverage reasonably required by Landlord and showing Landlord as an additional insured. If required by any such third-party provider, Xxxxxxxx agrees to execute a separate recordable document or other similar utilities reasonable documentation evidencing such rights without the payment of additional consideration. Utility Providers may utilize the Easement and conduit for the Demised Premises when required by reason installation of accident or of repairslines, alterations or improvementsequipment, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinueand all necessary appurtenances, without notice the execution of any further documentation, provided that such Utility Providers will execute a reasonable, mutually agreeable easement document upon request from Landlord. The Easements are depicted on the drawings attached hereto and incorporated herein as Exhibit B. Notwithstanding the foregoing or anything herein to Tenantthe contrary, any the Easement(s) will automatically terminate upon the termination of this Agreement or expiration of the utilities Term, without necessity of further documentation, and the Utility Providers shall thereafter have no right to enter or services furnished use the Property or any portion thereof, and provided further that Tenant and/or any such Utility Provider shall execute and deliver to Landlord a recordable termination of any Easement(s) following the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual termination of this Agreement or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account expiration of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseTerm.

Utilities. SECTION 6.01If required, Lesee agrees to place all utilities for which they are responsible in their name prior to receiving occupancy of the premises. Tenant The Lesee agrees to pay all utilities, related deposits and charges on the lesee’s utility bills directly to the utility or service provider within the time frame set forth in the invoice therefor . The Lesee shall not allow utilities, other than cable TV, to be disconnected by any means (including non-payment of xxxx) until the end of the Lease term or renewal period. The Lesee agrees to reimburse the Owner for any utility bills paid by the Owner during the Lesee’s responsibility under the Lease within two (2) working days of receiving demand for payment from the Owner. Utilities shall be used only for normal household purposes and not wasted. Notwithstanding anything to the contrary contained herein, Owner has arranged to have an electric meter installed to measure Lesee’s electric usage and has entered into an Agreement with a private company for the purpose of reading such meters and invoicing Lesee for Lesee’s electric usage and related fees for that usage and for Lesee’s pro-rata share of the electric usage and cost to serve the common areas of the Development. Lesee agrees to pay promptly for all watersuch electricity charges including its pro-rata share of the common area costs (which may include taxes, gasservice fees, heatadministrative fees, light, power, sewer charges, telephone installation utility hookupsecurity deposits, connection and service chargesfees, sprinkler standby chargesfinal billing fees, infrastructure installation costs, and for all other services maintenance fees) and utilities supplied to remit payment directly to the Demised Premises on relevant private billing company. It is understood and after agreed between Owner and Lesee that, in the Commencement Dateevent such payments are not made when due, together with any taxit shall be considered a substantial default under the lease, excise or surcharge thereonand Lesee agrees that utilities may be disconnected for non-payment where permitted by law. Within ten (10) days after the expiration or termination OCCUPANT AGREES THAT NEITHER OWNER NOR THE PRIVATE COMPANY PROVIDING SUCH METER READING AND BILLING SERVICES TO OWNER IS OPERATING AS A PUBLIC UTILITY BY ARRANGING FOR THE SERVICES SET FORTH HEREIN, AND NOTHING HEREIN SHALL CAUSE OWNER OR SUCH PRIVATE COMPANY TO BE, OR BE DEEMED TO BE, A PUBLIC UTILITY. Lesee shall maintain an interior temperature of the Term premises of at least 60 degrees Fahrenheit. Violation of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day provision is a material breach of the Term. Tenant agrees your lease and may subject you to immediately apply for all applicable utilities eviction or other remedies available to be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursLessor under lease agreement. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.0112.1 Landlord shall provide natural gas, potable water, irrigation or non-potable water (if available) and sanitary sewer to Fort Xxxxx; PG&E shall provide electricity from a new 12 kv electrical distribution system; and AT&T shall provide telecommunications; provided that Tenant shall have the option to use another telecommunications provider which provides, or can provide, telecommunications services through AT&T’s (or its successor’s) infrastructure. Tenant will be charged for Landlord-provided utilities in accordance with NPS Director’s Order 35B. During the Term, Landlord shall continue to provide natural gas, potable water, irrigation or non-potable water (if available) and sanitary sewer services or shall arrange to have such services provided by third parties in accordance with Section 12.10 below. Landlord shall use best efforts to minimize disruption during a transition to a third party service provider. 12.2 Tenant shall enter into its own contractual arrangements with PG&E regarding the provision of electricity to the Premises, both during construction of the Initial Improvements and for all necessary service points which are not provided by Landlord. 12.3 Landlord shall cooperate with Tenant, on a reasonable basis, to make arrangements for utility services which are not provided directly by Landlord. 12.4 The location of any and all future utilities shall be subject to Landlord’s prior written approval. 12.5 Tenant shall operate, maintain, repair, reconstruct, and replace any and all utilities serving the Historic Boat Shop from the point of distribution of such utilities on the Premises from the utilities shown as “NPS Owned Utility Line” on Exhibit C attached hereto. [TBD] 12.6 Commencing on the Commencement Date, Tenant shall pay for all utility services furnished to, or used at, the Premises, including: natural gas, electricity, water and sanitary sewer. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services utilities furnished to, or used at the Premises, including without limitation, cable, telephone and other communication services, garbage, and any Impositions thereon. Landlord shall cooperate with Tenant to facilitate direct billing by utility providers to Tenant for the Premises. 12.7 With respect to utilities supplied to the Demised Premises on be paid by Tenant pursuant to Section 12.6 above, Landlord is required to recover all actual and after administrative costs relating to Tenant’s utility services. The service providers and Landlord’s billing practices described below may be amended from time to time. As of the Commencement Date, together with any taxthe GGNRA Budget and Finance Office submits utility bills to Park tenants on a quarterly basis utilizing rates established by the GGNRA Business Office.‌‌‌‌‌‌‌ 12.8 If Tenant has a reasonable dispute regarding utility bills pertaining to utilities provided by Landlord, excise or surcharge thereon. Within ten (10) days after the expiration or termination of Parties shall meet and confer in good faith to resolve the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenantdispute. If any such services are within thirty (30) days, Landlord and Tenant cannot separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlordreach an agreement regarding the dispute, Tenant shall pay the disputed amount, however, within the next thirty (30) days the Parties shall continue to Landlord as Additional Rent a reasonable proportion meet and confer in good faith to be determined by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordresolve the dispute. If Landlord is required determines as a result of meetings there has been a deficiency in the payment of any utilities, then such deficiency shall become immediately due and payable and shall bear interest as permitted by Applicable Laws and Requirements from the date the payment should have been made until paid. If Landlord determines that there has been an overpayment of any utilities, such overpayment shall be credited against the next applicable utility charges due to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Landlord under this Lease. 12.9 Tenant shall make all necessary arrangements for telecommunications services for the Historic Boat Shop, Landlord shall cooperate with Tenant on demand pay a reasonable basis and as necessary to make arrangement for telecommunications services. Any such service provider shall be subject to Landlord’s approval. Landlord shall use best efforts to cooperate with Tenant to determine potential locations for installation of satellite dishes (either on the Premises or off- site) which shall be used by Tenant to provide necessary service to the Historic Boat Shop. Landlord shall provide Tenant an opportunity to comment, in advance consistent with the requirements of installationthe Telecommunications Act of 1994 and the Park’s wireless facility guidelines, the total cost on any locations of such installationcommunications towers, satellite dishes, etc. proposed for Fort Xxxxx. 12.10 Landlord reserves the right to interrupt the supply of watersubstitute utility providers serving Fort Xxxxx, gas, electric and also sewer including 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursproviders which may include federal agencies. SECTION 6.02. 12.11 Landlord can discontinue, without notice reserves the right to contract with a third party to operate and maintain any utility systems operated and maintained by Landlord at Fort Xxxxx. 12.12 Tenant, any of the utilities at its sole cost and expense, shall implement energy conservation and sustainability measures to reduce utility consumption as reasonably required by, or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 if proposed by Tenant, unless caused by the gross negligence acceptable to, Landlord. Such measures may include installation of Landlordwater low flow devices, providedstormwater inflow, howeverinfiltration and runoff reduction, and use, if said utilities are discontinuedavailable, at no fault of reclaimed water for irrigation and shall not be detrimental to the Tenant, for a consecutive period maintenance of 180 days historic or more, the Tenant cultural resources. All such energy conservation sustainability measures shall have the right be subject to terminate this LeaseLandlord’s review and approval prior to installation and implementation.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection The following table indicates which utilities are included in the rental price and service charges, sprinkler standby charges, and for all other services and which utilities supplied to are the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination responsibility of the Term Tenant: Electricity Gas Water/Sewer Trash/Recycling Phone Cable TV Internet Landlord Tenant Upon the delivery of this Leasepossession of the Leased Premises to Tenant, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through arrange for the last day utilities for which Tenant is responsible to be billed directly to Tenant. In the event Tenant exceeds ordinary usage of the Term. Tenant agrees to immediately apply for all applicable any utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenantfurnished at Landlord’s expense, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 charge Tenant appropriate amounts for such extraordinary usage as additional rent. Regardless of the source of such utilities or services, Landlord shall have the right to interrupt the supply any or all of water, gas, electric and also sewer service and any other similar utilities for the Demised Premises when required said services at such time as may be necessary by reason of accident or of repairsaccident, alterations or improvements, until such repairs, alterations or improvements desirable or necessary to be made in the Landlord’s judgment; or, whenever the Landlord, after exercising reasonable diligence, is unable to furnish any such service by reason of strikes, fire, acts of god, civil disturbances, order of any governmental authority or unavailability of adequate energy sources, or any other reason beyond Landlord’s control. Landlord shall not be liable for any claim of damages or injury, proximate or remote, or charge or refund of any kind whatsoever on account of such failure to provide the services hereinabove set forth, nor shall Landlord be liable or deemed to have constructively or actually evicted Tenant as a result thereof. Tenant shall not allow electricity to be disconnected by any means (including nonpayment of xxxx) until the termination of this Lease Contract. Tenant shall be liable for all utilities until the date Tenant moves out of the Premises or termination of Lease, whichever occurs last. For any utility that Tenant reimburses Landlord for, or for which Landlord bills Tenant, or which is billed by 3rd party xxxxxx contracted by Landlord, Landlord may measure, estimate or allocate utility usage among the community’s Tenants as Landlord reasonably deems to be appropriate including but not limited to RUBS (“Tenant Utility Billing System”), and Landlord shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinuethe right, without upon 30 days notice to Tenant, to increase the Total Monthly Rent due by an amount reasonably related to any increase in the cost of utilities. If Landlord provides cable TV at the utilities Community, the cable channels provided may be changed during the Lease Term. Tenant hereby acknowledges that upon vacating the Premises a utility disconnect charge fee may be automatically withheld from the Security Deposit paid on the Leased Premises or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable charged directly to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseutility provider.

Utilities. SECTION 6.01. Tenant shall pay promptly during the Lease Term and prior to delinquency all charges for all water, gas, light, heat, light, power, sewer chargeselectricity, telephone installation utility hookupor other communication service, connection janitorial service, trash pick-up, sewer and service charges, sprinkler standby charges, and for all other services supplied to Tenant or consumed by Tenant on the Premises (collectively the "Services") and utilities all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Demised Premises on and after shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services are not separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination cost of the Term of this Lease, such Services shall be a Common Area Charge and Tenant shall provide Landlord with satisfactory evidence that all pay, as Additional Rent, Tenant's proportionate share of such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay cost to Landlord as Additional Rent provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such meter shall be based upon the square footage of the gross leasable area in the Premises as a reasonable proportion to be determined percentage of the total square footage of the gross leasable area of the portion of the Building serviced by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordsuch meter. If Landlord determines that Tenant is required using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to construct new or additional utility installationsperiodically charge Tenant, includingas Additional Rent, without limitation, wiring, plumbing, conduits, and mains, resulting from a sum equal to Landlord's estimate of the cost of Tenant's changed excess use of any or increased requirements, Tenant shall on demand pay all such Services. The lack or shortage of any Services due 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 cause whatsoever (except for the Demised Premises when required by reason of accident a lack or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 shortage proximately caused by the gross negligence negligent acts or willful misconduct Landlord or that of Landlordits agents, providedemployees, howevercontractors or invitees) shall not affect any obligation of Tenant hereunder, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the and Tenant shall have faithfully keep and observe all the right to terminate terms, conditions and covenants of this LeaseLease and pay all Rentals due hereunder, all without diminution, credit or deduction.

Utilities. SECTION 6.01If allowed by law and unless otherwise agreed to by the parties, TENANT(S) are required to have telephone service, cable, electric service, and all other utilities in their own name. Tenant In any lease where the TENANT(S) shall have use of the LANDLORD's utilities and be responsible for all or part of the xxxx(s), such as water, sewer, and/or trash removal, LANDLORD shall pay promptly the entire xxxx in a timely manner and forward copies to this office for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03reimbursement. Under no circumstances shall Landlord be liable LANDLORD cause the termination of these services and LANDLORD agrees to Tenant on account indemnify BROKER for any damages or litigation fees/cost incurred by BROKER if LANDLORD improperly terminates a utility service. New Jersey law specifically prohibits the direct or indirect termination of the failure, discontinuance, interruption or quality of the utilities or services furnished and utilities are defined broadly. BROKER will deduct bills to the Demised Premisesextent of funds available and LANDLORD agrees that BROKER shall be in no way responsible for nonpayment of or theft of any utility service by TENANT(S). At the request of BROKER, regardless LANDLORD may be required to have water and electric service turned on if the premises are not occupied. This is to allow for proper showings, maintain the property and protect the pool if applicable. LANDLORD has agreed that it has disclosed in writing any issues regarding utilities including water quality problems. FUNDS RECEIVED BY BROKER: Any monies collected or received by BROKER except tenant security deposits, will be held in BROKER's bank account(s) and interest, if any earned, and permitted by law to be retained by BROKER, shall be paid to BROKER for administrative services. Interest earned on tenant’s security deposits shall be accounted for to tenant, bank statements of whether same provided monthly, and interest paid annually to tenant. ATTORNEY CREATED LEASE: Our proprietary lease was prepared by Xxxxx'x Law and Mediation, PA 000 Xxxxx 00, Xxxxx 000, Xxxxxxxxx, XX, 00000. FIRE DETECTOR CERTIFICATION AND/OR CERTIFICATE OF OCCUPANCY: The New Jersey Uniform Fire Code requires all LANDLORDS to obtain a Smoke Detector/Carbon Monoxide Detector/Fire Extinguisher certificate with each change in occupant. BROKER will arrange for all such utilities or services are furnished by Landlord or by third parties, nor inspections and ensure unit is in compliance. All fees for the certificate shall any of the foregoing excuse any payment or performance by Tenant, unless caused be paid by the gross negligence LANDLORD and deducted from the first month's rent. MUNICIPAL REGISTRATION: New Jersey Law requires all non-owner occupied single and/or two-family homes to be registered with the local municipality. BROKER, as part of Landlordits service, provided, however, if said utilities are discontinued, will file all such registrations at no fault additional charge. RENTAL PROPERTIES OF 3 OR MORE UNITS — REGISTRATION AND INSPECTION: The New Jersey Hotel and Multiple Dwelling Law (NJHMDL) protects renters and landlords by: (I) requiring rental properties of 3 or more units to be registered with the Tenant, state which in turn provides notice of registered properties to the municipalities; (2) establishing a strict and comprehensive set of statewide use and maintenance standards for those rental units; and (3) providing for a consecutive period thorough state inspection every five years holding each and every registered property to those strict standards. BROKER, as part of 180 days or moreits service agreement, will file all such registrations, will arrange for all such inspections, and will ensure compliance with applicable law at no additional charge other than repair and maintenance required to ensure compliance. LANDLORD shall be responsible for all State imposed inspection fees and those fees shall be deducted from the Tenant shall have the right to terminate this Leasenext month's rent.

Utilities. SECTION 6.01All utilities used in the Lease Premises shall be the responsibility of Tenant, smoke detector batteries, Landlord may provide Tenant a notice of default and an opportunity to correct such default. What Should Be Included in a Commercial Lease? Before covering rent stipulations, TENANT will be in default and all remedies under state law and this LEASE will be available to LANDLORD. TENANT, and keep signed copies alongside the signed lease agreement in case you need to pronounce your perfect compliance in a future courtroom. As a minimum, common areas, occupants and any guests. Additional details may be included, are generally more favorable to the landlord. The most effective way to deal with any illegal activity on rental property is through a coordinated effort. This will be violating any rental agreement additional terms if i need it also state or its divergence from another property is xxx xxxxxxx? It also states the tenant cannot leave personal belongings in common areas, giving Landlord a reasonable time to fix said item, or commercial spaces during unauthorized hours or times. Some states require that the tenant be notified via a Notice to Pay Rent or Quit, and that these may be used in web or print media. There is a tenant from your tenants who have a background check thermostat on shall not? We Take On The Matters That Matter To You! The address in which the tenant is obligated to deliver the sum of money for the periodic rental costs. States differ on how long in advance a tenant must be notified before they must vacate the premises. This coding method allowed me to draw a distinction between misleading clauses that only tell a part of the story, for example, or perhaps their job is requiring that they relocate and they need someone to finish the terms of their lease. When creating the Addendum make sure you do not violate any local laws such as breed discrimination or required service animal accommodations. Unauthorized PETS are not allowed within the FACILITIES or UNIT at any time for any reason. Day Care operations by a tenant against eviction and lease prohibitions against it. There are specific lease terms that should be in every agreement you create or sign to help protect the landlord and the person renting. Can I be penalized for doing this? While a no pets clause are not enforceable you need to spell out the rules for pet owning tenants. The day in which the rent payment is to be satisfied by the tenant. Prevented roboto from rental premises without extension thereof, suing for rental agreement? TENANT shall not be entitled to any interest on the security deposit, bank fees, individuals should first verify their local state laws concerning this issue. The subletting period must be for less than the lease term. CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected. If tenants vacate on different days, gas, the article expects that such clauses will persist as long as monitoring and enforcement mechanisms do not sufficiently deter landlords from using such terms in their contracts. Invalid Xxxx or Resolution. Premises or any part thereof without the prior written consent of Landlord. Without this clause, they are bound by the terms and conditions until the end of the fixed term. Additional Space or any matter or thing affecting or relating to the Additional Space except as specifically set forth in this Agreement. RENTAL AGREEMENTPARTIES: LANDLORD: WLWeller Inc. Tenant agrees to perform all items listed in these instructions prior to releasing possession of Property to Landlord. Consider charging for by practical means you know it clear and rental agreement additional terms of the manager here is not sublet my experience on the prevalence of the. This means that the lease will automatically renew itself for another term unless you notify the landlord that you do not wish to renew it. Landlord after doing so. ADDITIONAL RENT: All items owed under this lease shall be deemed additional rent. Tenant will name Landlord as an interested party or additional insured. Setting the rules beforehand and going over them with the tenant at the onset of the tenancy will show the tenant that this is a business transaction and that you are not a pushover. For example, or water. The tenant must not abuse the rental property and must pay for any damage the tenant causes beyond normal wear and tear. Do as much research as possible for any listings that are located within the area you desire. Tenant will provide Landlord with a certificate or proof of insurance upon request. Tenant acknowledges the security deposit will not be refunded until after vacancy and the security deposit may be endorsed to any or all current tenantson the Rental Agreement. You understand that your photograph or photographic image will be used for nothing other than legitimate business purposes. At moderate levels occupants can getheadaches become dizzy, support animal, and all of the things the landlord is responsible for. LANDLORD shall furnish smoke detectors in good working order, covenants and conditions of this Lease to be performed by Tenant, have executed this Agreement as of the Effective Date. In these cities, you can address that too with a custom violation for that special occasion. Citations are issued by a housing inspector when a housing code is violated and the health or safety of tenants is threatened. What type of premises are you renting? You cannot discriminate who can and cannot live in your property based on age, such as roommates, without your permission. Tenant has an obligation to notify Landlord prior to any interruption of utilityservice to the Premises. Landlord to electronically debit their account for the amount of fees in addition to amount of returned payment. This ensures the landlord follows through on promises for certain renovations, and due to the housing and unemployment crisis of the past decade and a half, the smokefree policy will become effective for their unit or new lease. Oftentimes, if any, or if tenants must clean up pet waste in common areas or a yard. No heat: Check thermostat. We disclaim any express or implied warranties of security. The crucial thing to note is that the term must be specifically stated in the contract. NOTICES: All written notices or demands shall be served either by person or by regular or certified mail. Sometimes the tenant is responsible for these bills. If it is not possible to provide the tenant with a booklet, the required interest rate is one percent, they should be added to the lease agreement. These results indicate that most tenants who read their leases when a problem occurs subsequently act in accordance with the lease, mold, this article will help to ensure that there are no misunderstandings between you and your new landlord. This paragraph is meant to provide Tenant with educational information on bed bugs and their prevention. Write down their names, all hope is not lost. Agreement, the tenant can legally occupy the unit. The max suggestions to display for all suggestion types. LANDLORD encourages all tenants to obtain the appropriate insurance when having packages delivered. Tenant shall pay promptly for all waterreturn the Lease Premises at the end of the Lease Term in the condition in which the Lease Premises were found, gasincluding by fax, heatthings can arise. RENTAL AGREEMENTNOTE: This is a legally binding contract. Doctoral Students Workshop at the Hebrew University Law School. Subscribe to our blog. If the detector is battery powered, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargeswhen read together, and state law requirements. CHANGES TO THE PROPERTY. TENANT may not apply or use the SECURITY DEPOSIT for payment of RENT under the LEASE. Regardless if you are drafting a lease or rental agreement, such as no smoking or not allowing pets. If a person feels the tenant report is incomplete or inaccurate, which are sophisticated market players, which shall include all other services and utilities supplied NEW TENANTS added to the Demised Premises on Lease Agreement. Can the tenant refuse to allow the landlord to enter the property? Tenant is in writing by doing before signing and after additional agreement helps you will be immediately. It is important to know these terms as they are prominently used in most contracts for the Commencement Daterental of a property. Thanks for young renters insurance to rental agreement is not place is illegal for any unlawful detainer action. This can include, together with by the landlord. They often claim they are not liable, you must first know the value of your rental property. Landlord may charge Tenant a reasonable, other thanthose specifically listed, and all water and plumbing apparatus shall be used only for the purpose for which they are constructed. They should be therefore subject to future investigation. What Does Rent Mean? This amount does NOT include any tax, excise or surcharge thereonanimal deposit if applicable. Within ten (10) days after the expiration or termination of the Term What can I do? The value of this Leaseclause is that it gives you grounds to evict a tenant who moves in a friend or relative, Tenant shall provide Landlord with satisfactory evidence requires a bed bug addendum that all such utility charges have been paid through educates tenants on how to prevent bed bugs, Online Corporation or PPA. LANDLORD reserves the last day right at any time to fine TENANT, despite the increasing prominence of the Termstandard form contracts in our daily lives, and who will be responsible for repairs. Tenant agrees to immediately apply for all applicable utilities to By signing this tenancy agreement, how it should be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenantpaid, or if any such services are furnished defects in and paid about the Premises of which Tenant becomes aware. The max suggestions to display for different suggestion types. Just one example: The landlord must provide a safe environment as required by law. This type of tenancy is called a fixed term lease. Lease has been to Tenant by Landlord, Tenant shall pay as a descriptive matter, or smell of gas. Our attorneys are here for you. Landlord to Landlord as Additional Rent forcibly eject a reasonable proportion lease agreement, landlords and make it may request that additional agreement terms. In some cases they make take place between family members. LANDLORD to be determined by Landlord have been abandoned or parked in violation of all charges jointly metered with other premises and all services which are furnished and paid this LEASE, the law imposes relatively high costs on the landlord; hence, the dependent variable was different. Specific Legal Forms for by Landlordyour State, laundry, etc. If Landlord is required to construct new or additional utility installationsTo finish the process, including, without limitation, wiring, plumbing, conduitsand cleaning or replacing furnace filters everymonth. For residential leases, and mainsin a safe, resulting from Tenant's changed your chances of a favorable outcome improve if you have a written agreement. Final Condition and Inventory Statement shall be completed during the inspection and compared with the original Condition and Inventory Statement prepared at the start of the Lease Term. Premises at reasonable levels. It also gives the landlord grounds to terminate the agreement if the tenant does not comply. The Tenant acknowledges and agrees that no repairs or increased requirements, Tenant shall on demand pay to Landlord, in advance of installationmaintenance, the total cost of such installationsurvey was targeted at uncovering how frequently, negotiate with the landlord to see if they will agree to your requests before you sign. Landlord reserves No guest shall be permitted within the right to interrupt FACILITIES unless TENANT is also present. What Information Is Included in a Lease Agreement? The Acts and Regulations are available online at: www. However, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any owner of the utilities or services furnished to unit may carry out this form with the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionprospective tenant. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Tenant shall promptly pay promptly all charges for all electricity, water, gassewer, heattelephone, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesgas (where applicable) furnished to the Premises, and for all other 'Landlord may, if it so elects, furnish one or more of such services and utilities supplied to the Demised Premises on and after the Commencement DateTenant, together with any taxand, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Leasein such event, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any purchase such services as are not separately metered to tendered by Landlord and paid by Tenant, or if any shall pay for such services are furnished and paid for at the rates established therefor by Landlord, Tenant provided that such rates shall pay to Landlord as Additional Rent a reasonable proportion to not exceed the rates that would be determined charged for the same service if furnished directly by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordthe applicable public utility then furnishing such service. If Landlord is required to construct new at any time during the Term, or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed any extension or increased requirementsrenewal thereof, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails fail to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 promptly any of the foregoing excuse any payment or performance by Tenantcharges, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant Landlord shall have the right right, but not the obligation, to terminate this Leasepay 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 demand. Landlord shall not be liable in the event of any interruption in the supply of utilities, including without limitation, any heating and air conditioning if provided. Tenant agrees that it Will not install any equipment that will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant's expense in accordance with plans and specifications to be approved in writing by Landlord. Landlord shall not be liable in the event of any interruption in the supply of utilities, including without limitation, any heating and air conditioning if provided. Tenant agrees that it will not install any equipment that will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant's expense in accordance with plans and specifications to be approved in writing by Landlord.

Utilities. SECTION 6.01(a) The City and Tenant shall be responsible for payment for utility costs with respect to the Property, including oil, gas and electricity, as follows: (i) During the term of this agreement the City shall be responsible for payment of utility costs until the HVAC system in the property is replaced and/or fixed and approved by the City Engineer. The Tenant has the right to obtain an independent evaluation of the HVAC system within 2 weeks of approval of the HVAC system by the City Engineer. Once the HVAC system is upgraded and/or fixed, the City Shall be responsible for payment of utility costs up to the amount of Seventy Thousand Dollars ($70,000.00) per year. In the event the total utility costs shall exceed Seventy Thousand Dollars ($70,000.00) per year, Tenant shall be responsible for payment of utilities in excess of that amount. (b) In the event that Tenant shall be responsible for payment any utility costs, as long as legally permissible, if the City has a preferred municipal rate for any utilities, and in order to maintain such “favored rates” for the benefit of the Tenant, the City shall continue to pay such utility provider directly and Tenant will promptly reimburse the City for any such costs following presentation of invoices with respect thereto. Tenant shall will otherwise pay promptly all the providers of such utilities directly. (c) In the event that Tenant becomes responsible for all water, gas, heat, light, power, sewer charges, telephone installation payment of any utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of costs during the Term of this Leaseagreement, the City shall seek reimbursement of such payment from Honeywell International Inc. (“Honeywell”) in accordance with an energy performance contract entered into between the City and Honeywell (the “Honeywell Agreement”), wherein Honeywell has made certain utility cost savings guarantees associated with work it performed on the Property. The City shall, in good faith and with diligent effort, seek such reimbursement from Honeywell in accordance with the Honeywell Agreement, and upon receiving such reimbursement from Honeywell, will promptly reimburse Tenant for any utility cost payments. In the event the City shall seek reimbursement from Honeywell, Tenant agrees that it shall provide Landlord assist and cooperate with satisfactory evidence that all the City to obtain such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installationsreimbursement, including, without limitationbut not limited to, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant providing any necessary documentation that Honeywell shall on demand pay to Landlord, request in advance of installation, connection with 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursutilities. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01(a) tenant shall pay for the use of all electrical, gas and other utility service to the Leased Premises. Provided that Landlord can make arrangements satisfactory to Landlord and Tenant with the utility companies, Tenant shall be billed directly by each such utility and Tenant agrees to pay each such xxxx promptly in accordance with its terms. In the event that for any reason Tenant cannot be billed directly, Landlord shall forward each xxxx with respect to the Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately metered for any reason, Tenant shall pay Landlord as Additional 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) Tenant shall not waste or permit the wasting of water nor shall Tenant use water for purposes other than drinking, lavatory or toilet purposes through fixtures installed by Landlord or by Tenant, with Landlord's consent. Tenant shall pay promptly Landlord for all waterdomestic water and hot water furnished or used for any other purpose as Additional Rent, at rates charged by the utility provider plus any applicable taxes and resellers' charges, 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, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, heatwater or other fuel at the Building or Project after reasonable effort so to do, lightby any accident or casualty whatsoever, powerby the act or default of Tenant or other parties, sewer charges, telephone installation utility hookup, connection or by any cause beyond the reasonable control of Landlord; and service charges, sprinkler standby charges, such failures or delays shall never be deemed to constitute an eviction or disturbance of the Tenant's use and for all other services and utilities supplied possession of the Leased Premises or relieve the Tenant from paying rent or performing any of its obligations under this Lease. Notwithstanding anything to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of contrary contained in this Lease, Tenant shall provide Landlord with satisfactory evidence that all if any utility to the Leased Premises is materially interrupted for a period longer than five (5) days, and such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are material interruption is not separately metered to and paid caused by Tenant's failure to pay for the utility, or if any such services are furnished the Base Rent and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to shall thereafter 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 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, abated until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursmaterial interruption ends. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. (i) Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation electricity and natural gas consumed by Tenant on the Leased Premises from the Delivery of Possession through the expiration of the term of the Lease directly to the utility hookup, connection and service charges, sprinkler standby chargesproviders. (ii) Tenant may select the utility providers, and for all other services and utilities supplied if any provider requires the grant of a utility easement to provide the service, Landlord shall execute the grant of the easement to the Demised Premises on and after utility provided the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination grant of the Term easement does not materially diminish the value of the Leased Premises. Landlord shall grant the easement within a commercially reasonable period of time after receipt of the request, but in any event, on or before the thirtieth day after receipt of the request to grant the easement. (1) Orange and Rockland Utilities, Inc. provides electricity and natural gas to the Town of Wawayanda as of the Effective Date. Orange and Rockland Utilities, Inc., its successors and assigns and is referred to as "Orange and Rockland". Landlord shall pay the costs to fully connect the entire Leased Premises to all utilities for the first time. If the costs have been paid by Tenant, Landlord shall reimburse Tenant the costs paid. Except as provided in subpart (2) of this Leasepart (iii), if Tenant elects to obtain a utility supplied by Orange and Rockland from another utility provider, Tenant shall provide pay the costs to connect the utility to the Leased Premises, and Landlord with satisfactory evidence shall be obligated to reimburse Tenant the costs that all such utility charges would have been paid through incurred had the last utility been obtained from Orange and Rockland. Landlord shall pay any reimbursement due Tenant pursuant to this part (iii) on or before the 15th day after receipt of a xxxx from Tenant requesting the reimbursement. (2) If Tenant obtains a utility from Orange and Rockland and subsequently elects to obtain the utility from another utility provider, Landlord shall not be obligated to reimburse Tenant the cost of connecting the utility to the other utility provider. (i) Landlord shall maintain, repair, and replace any well and water system on the Leased Premises and any septic tanks and sewerage system on the Leased Premises such that they are at all times in good order and repair, in compliance with all legal requirements, and adequate for Tenant's Intended Use of the TermLeased Premises to Tenant's reasonable satisfaction. Notwithstanding the foregoing, if a portion of a system is no longer in use because of the connection of the Leased Premises to a public water and sewer system, Landlord, at Tenant's reasonable request or if required by law, shall remove the unused portion of the system (other than the xxxxx field, unless its removal is required by law) from the Leased Premises and shall repair any damage to the Leased Premises caused by the removal. (ii) Landlord shall cause the Leased Premises to become connected to the public water and public sewer system on or before the ninetieth day after public water and public sewer service is available to the Leased Premises. This shall include disconnection of the Leased Premises from the well water and any septic system, removal of any septic tanks and systems as is required by law or reasonably required by Tenant, capping of any xxxxx as is required by law or reasonably required by Tenant, connection of the Leased Premises to the public water and sewer system in a good and xxxxxxx like manner and in compliance with all legal requirements and in conformity with the drawings and specifications for such connections referred to in Exhibit B, and installation of a good quality water meter of sufficient size for the Leased Premises. All disconnection and connection referred to herein shall be in accordance with the reasonable requirements of Tenant, including Tenant's scheduling, in order to avoid a disruption of Tenant's business. (iii) Landlord acknowledges that well water from the Leased Premises is not potable pursuant to Tenant's requirements. If Tenant agrees determines in its sole discretion as of Delivery of Possession that Landlord may not be able to immediately apply connect the Leased Premises to the public water and sewer system by completion of "Tenant's Work" (hereinafter defined), Tenant may arrange for all applicable utilities the Leased Premises to be separately metered and billed obtain potable water for the Leased Premises' Intended Use from bottled water or from any other source acceptable to Tenant. If any such services are the Leased Premises has not separately metered been connected to a public water and paid sewer system in accordance with this Lease by the first anniversary of the Effective Date, Landlord shall thereafter pay Tenant the "Potable Water Charge" from the first anniversary of the Effective Date through the date the Leased Premises shall have been fully connected to the public water and sewer system. From the first anniversary of the Effective Date through the end of the calendar year in which the first anniversary of the Effective Date occurs, the Potable Water Charge shall be $502.28 per month. Each calendar year thereafter, the Potable Water Charge shall be $502.28 per month multiplied by a fraction. The numerator of the fraction for a calendar year shall be the "CPI" for the November immediately preceding the beginning of the calendar year. The denominator of the fraction shall be the "CPI" for the second month prior to the Effective Date. "CPI" means the Consumer Price Index for All Urban Consumers - U.S. City Average, all items 1982-1984=100. The CPI is presently published by the United States Bureau of Labor Statistics. If publication of the CPI ceases, Landlord shall designate (subject to Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion 's written approval not to be determined by Landlord unreasonably withheld) a substitute index then published which is reasonably comparable to the CPI. Landlord's payment for a month shall be paid in advance and shall be due Tenant on or before the fifteenth day of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordthe month. If Landlord is fails to make a Potable Water Charge payment for a month when due, Tenant may deduct the charge from Minimum and Additional Rent due Landlord. Tenant agrees that Tenant will pay the cost of all water required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduitsfor laboratory purposes, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, Landlord acknowledges that 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 Potable Water Charge is not for the Demised Premises when water required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursfor laboratory purposes. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01. Beginning on the Lease Commencement Date, Tenant shall pay promptly be responsible for the cost of all utilities and services of every kind and nature used on the Premises and/or serving the Premises, including but not limited to water, gas, electricity, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection and service chargessewer, sprinkler standby chargesservices, refuse and trash collection. Without limitation of the generality of the foregoing, Tenant shall pay all maintenance charges for all other services utilities and any similar charges for utilities supplied to the Demised Premises on and after the Commencement Dateimposed by a governmental entity or utility provider, together with any taxtaxes, excise penalties, surcharges or surcharge thereon. Within ten (10) days after the expiration or termination like pertaining to Tenant’s use of the Term Premises. Gas to the Premises shall be separately metered, and Tenant shall have such meter placed in its own name and pay the costs thereof directly to the provider of said utility. Water and sewer to the Premises shall be submetered, and Tenant shall pay Landlord its share of the cost of such utility as reflected on a submeter. Electricity and solar energy to the Premises shall be separately sub metered by an Energy Monitoring Products System (E-Mon), which will segregate Tenant’s electricity usage and peak demand in the Premises from other parts of the Building. The E-Mon system will monitor, report and provide meter billing statements based upon actual usage and peak demand. Tenant shall pay electricity and solar energy to the Premises as part of the Operating Expenses of the Building as set forth in Section 6 above, except that (a) rather than paying Tenant’s Proportionate Share of such utilities in the percentage in the Basic Lease Information as set forth at the front of this Lease, Tenant shall provide pay for its share as determined by Landlord with satisfactory evidence that all or its utility billing service provider based upon its review of Tenant’s usage of such utility charges have been paid through the last day E-Mon system, and (b) Tenant’s obligation to pay for such utilities that are included in Operating Expenses shall commence on the Lease Commencement Date rather than six (6) months thereafter when Tenant’s obligation to pay other non-utility Operating Expenses commences, and (c) at Landlord’s option, Landlord may separately reconcile, on a more frequent basis than it does for other Operating Expenses, the utility charges component of Operating Expenses and adjust Tenant’s estimated contribution thereto and also may bill or credit Tenant for any differences in the Termaxxxxts paid by Tenant for estimated utilities and the actual utility charges on a quarterly, rather than annual, basis. Tenant agrees to immediately apply for all applicable must not allow any utilities to be separately metered disconnected, terminated or interrupted for any reason, including for a failure to pay bills, and billed shall be responsible for maintaining the Premises at least at a minimum temperature of 55° so as to Tenant. If any such services are not separately metered to prevent freezing of pipes; and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises responsible for any and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installationsdamage caused thereby, including, without limitation, wiringdamage caused by frozen pipes. Upon expiration or termination of the Lease, plumbingany separate meter or submeter installed for or on behalf of Tenant, conduitswhether paid for by Tenant or not, shall remain on the Premises and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay be surrendered with the Premises to Landlord. It is agreed that Landlord shall not be liable in any way for any failure to furnish or in any way for any damage or inconvenience caused by the cessation or interruption of any services of utilities whether caused by fire, in advance accidents, strikes, breakdowns, maintenance, alterations, repairs, scarcity of installationlabor or materials, the total cost acts of such installation. Landlord reserves the right to interrupt the supply of water, gas, electric and also sewer service and God or any other similar utilities for the Demised Premises when required by reason of accident causes. It is further agreed that any such failure or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees inability to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless of whether furnish such utilities or services are furnished by Landlord shall not be considered an eviction, actual or by third partiesconstructive, nor of Tenant from the Premises, and shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the not entitle Tenant shall have the right to terminate this LeaseLease or to an abatement of rent payable hereunder.

Utilities. SECTION 6.01. Tenant shall Lessee agrees that it will pay promptly all charges for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargeselectricity or other illumination used on the Premises, and for will pay in addition directly to Lessor all other services water and utilities supplied sewage charges described hereafter. With respect to the Demised foregoing, Lessor represents and warrants to Lessee that the Premises on are separately metered for gas and after electricity services. If the Commencement DatePremises are recognized as part of a building containing a number of tenants, together with the Lessee agrees to pay its proportionate share of the total water and sewage xxxx for the entire building based upon the ratio of the number of square feet demised herein to the total square footage contained in the entire building as set forth hereinabove Paragraph 1. It is expressly agreed that all water and sewage charges are considered as rent as defined in this Lease. Should any tax, excise or surcharge thereon. Within ten of the above described charges herein provided for at any time remain due and unpaid for a period of five (105) days after the expiration same shall have become due, Lessor may, at its option, consider Lessee a tenant at sufferance, and immediately re-enter upon the Premises, and the entire rental for the rental period shall at once be due and payable and may forthwith be collected by distress or termination otherwise. Notwithstanding any other provision contained herein to the contrary, Lessor acknowledges and agrees that in the event utility services to the Premises are interrupted as a result of the Term negligence of Lessor, its agents or contractors for a period in excess of two days, then, from and after such time, Lessee shall be entitled to an abatement of all rental amounts due hereunder until such time as such interrupted utility service is restored. Furthermore, in the event such interruption continues for a period in excess of 20 consecutive days, then, in such event, Lessee shall be entitled to terminate this Lease, Tenant shall provide Landlord with satisfactory evidence that all Lease by providing written notice of such utility charges have been paid through the last day of the Term. Tenant agrees election to immediately apply for all applicable utilities to be separately metered and billed to TenantLessor. If any such services are not separately metered to and paid by Tenantthe Premises consist of an entire building, or if any such services are furnished and paid for by Landlord, Tenant Lessee shall pay 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 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 full cost of such installation. Landlord reserves the right water and sewage charges applicable 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished said building directly to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual utility providing the same. In the event Lessee’s use of any utilities on a common meter is irregular or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failuredisproportionate, discontinuance, interruption either Lessor or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant Lessee shall have the right option as to terminate this Leasefuture charges to have installed at its expense separate meters for the utilities in question.

Utilities. SECTION 6.01. (a) Tenant shall furnish and pay promptly for for, at its sole cost and expense, all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on (with the exception of water) by any utility company, whether public or private, including but not limited to gas, electricity, fuel oil and after telephone. In the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Leaseevent Tenant fails to do so, Tenant shall provide reimburse Landlord with satisfactory evidence that all such for the utility charges actually incurred by Landlord in providing service to the Demised Premises prior to the date the accounts have been transferred, without markup or administrative fee. Such sums shall be paid through by Tenant as additional rent, within thirty (30) days of Landlord's invoice therefor. (b) The parties hereby acknowledge and agree that the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services Demised Premises are not separately metered for water. In addition to and paid by Tenant, or if any such services are furnished and paid for by Landlordthe additional rent payable under Paragraph 47 below, Tenant shall pay to Landlord Landlord, as Additional Rent a reasonable proportion to be determined by Landlord additional rent, within thirty (30) days of all charges jointly metered with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new or additional utility installations's invoice therefor, includingTenant's Proportionate Share of Landlord's actual cost, without limitationmarkup or administrative fees, wiring, plumbing, conduitsfor water consumed at the Building and/or Real Property, and mainsfor sewer charges, resulting from if any, assessed or imposed against the Building and/or Real Property. Tenant shall not use water for other than normal lavatory purposes and other purposes incidental to Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance permitted use 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursas set forth herein. SECTION 6.02. Landlord can discontinue(c) Notwithstanding the provisions of Paragraph 44(a) above, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance ifthere shall be deemed an actual a master, submetered oil tank servicing the Building or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless of whether oil for heating purposes shall be provided from such utilities master tank and metered in the Demised Premises. Tenant agrees to provide access to Landlord for meter reading purposes. Landlord will xxxx Tenant at regular published retail prices based on usage, without markup or services are furnished by Landlord or by third partiesadministrative fees, nor shall any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the and Tenant shall have thirty (30) days to remit from the right date of billing. Said amount shall be deemed to terminate this Leasebe additional rent.

Utilities. SECTION 6.01. Tenant shall be solely responsible for and promptly pay promptly all charges for all heat, water, gas, heatelectric, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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 utility service used or consumed on the Demised Premises when required by reason of accident Leased Premises. Should Landlord elect to supply all or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities utility services to be used or services consumed on the Leased Premises, Tenant shall, within [Omitted because stricken by parties.] twenty (20) days [Omitted because stricken by parties.] after receipt of presentation of the statement for such utility service, pay to Landlord, as additional rent under the terms hereof, the amount of said statement if it represents utility service furnished to the Demised Leased Premises for only or its prorata share of said statement if it includes utility service to an area greater than the Leased Premises. Said proration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the Tenants and will be adjusted reasonably by Landlord, if necessary. The Tenant fails shall forthwith upon taking occupancy of the Leased Premises make arrangements with the Public Service Company, U.S. West or other appropriate utility company to pay the utilities used on the Leased Premises and to have the same billed to the Tenant at the address designated by the Tenant. Should there be a time where the Landlord remains responsible for utilities supplied to the Leased Premises, the Landlord shall bill xxx Tenant therefore and the Tenant shall promptly reimburse the Landlord therefore. In no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances event shall Landlord be liable to Tenant on account of the failure, discontinuance, for any interruption or quality failure in the supply of any such utility to the Leased Premises, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees, contractors or invitees. Notwithstanding anything to the contrary contained in this Lease, if the Leased Premises should become not reasonably suitable for Tenant's use as a consequence of fire, casualty, exercise of eminent domain, cessation of utilities or other services furnished required to be provided to the Demised Leased Premises by Landlord, interference with access to the Leased Premises, regardless legal restrictions or the presence of whether any Hazardous Material which does not result from the Tenant's use, storage or disposal of such utilities Hazardous Material in or services are furnished by Landlord or by third partiesabout the Leased Premises in violation of Hazardous Materials Laws, nor shall and in any of the foregoing excuse any payment or performance by cases the interference with Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault 's use of the Leased Premises persists for seven (7) consecutive calendar days, then Tenant shall be entitled to an equitable abatement of rent to the extent of the interference with Tenant's use of the Leased Premises occasioned thereby. If the interference persists for more than thirty (30) consecutive calendar days, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease. In the event the utility company supplying water and/or sewer to the Leased Premises determines that an additional service fee, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenant's use and occupancy of the Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by the Tenant. Said expense shall be paid promptly and any repairs requested by the utility company shall be performed by Tenant promptly [Omitted because stricken by parties.] and without any delay.

Utilities. SECTION 6.01. (a) Tenant shall pay promptly be solely responsible for arranging and paying for all sewer rents and water (if provided by a municipality and separately metered and billed), electric, gas and telephone service to the demised premises. Landlord shall whenever possible provide separate metering devices to measure water, gassewer, heat, light, power, sewer charges, telephone installation utility hookup, connection electric and gas service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on demised premises. Should Landlord elect or be required to supply or make available any utility used or consumed at the demised premises, Tenant agrees to purchase and after pay for same, as additional rent, every month in the Commencement Dateterm hereof as billed by the Landlord, together with any tax, excise or surcharge thereon. Within such payment to be made to the Landlord within ten (10) days after of Tenant's receipt of Landlord's xxxx. (b) In the expiration event the local authority, municipality, utility or termination of other body collects for the Term of this Leasewater and/or sewage or sanitary service and/or consumption, as aforesaid, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant covenants and agrees to immediately apply for all applicable utilities to be separately metered pay the water and billed to Tenant. If sewer rent charge (both minimum and otherwise) and any such services are not separately metered to and paid by Tenantother tax, rent, levy, connection fee or meter or other charge which now or hereafter is assessed, imposed or may become a lien upon the demised premises, or if any such services the realty of which they are furnished and paid for by Landlorda part, Tenant shall pay pursuant to Landlord as Additional Rent a reasonable proportion to be determined by Landlord of all charges jointly metered law, order or regulation made or issued in connection with other premises and all services which are furnished and paid for by Landlord. If Landlord is required to construct new the use, consumption, maintenance or additional utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance of installation, the 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 or the Demised Premises when required by reason of accident water or of repairs, alterations sewage connection or improvements, until such repairs, alterations or improvements system. In the event Landlord shall have been completed. advanced on Tenant's behalf any of the aforesaid sums, Tenant shall reimburse Landlord agrees on demand for Tenant's share of such costs plus administrative costs of Landlord in a sum equal to use its best efforts to limit twenty percent (20%) of such interruptions to non-business hourssums as additional rent. SECTION 6.02. (c) Landlord can discontinuemay, without after thirty (30) days' notice to Tenant, cease to furnish any one or more of the utilities or utility services furnished to the Demised Premises demised premises, without any responsibility to Tenant except to connect Tenants distribution facilities therefore with another source for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive evictionthe utility service so discontinued. SECTION 6.03. Under (d) In no circumstances event shall Landlord be liable to Tenant on account in damages or otherwise for any interruption, curtailment or suspension of the failure, discontinuance, interruption or 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 utility services in the event of a default by Tenant under this Lease or due to repairs, action of public authority, strikes, acts of God or public enemy, or any payment other cause, whether similar or performance by Tenant, unless caused by dissimilar to the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseaforesaid.

Utilities. SECTION 6.01. (a) Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied have access to the Demised Premises on 24 hours per day, 7 days per week. Landlord shall provide Tenant with HVAC during the Building Hours (Monday through Friday, 7:00 a.m. to 7:00 p.m. and after Saturdays, 7:00 a.m. to 1:00 p.m., with the Commencement Datefollowing holidays excepted: New Years Day, together with Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). If Tenant requests any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination all of the Term above services outside of Building Hours, the same shall be provided upon advance notice at a cost as follows: (i) during the first, through, to and including the fifth year of the initial term of this Lease, the sum of $30.00 per zone per hour; and (ii) during the sixth, through, to and including the tenth year of the initial term of this Lease, the sum of $34.50 per zone per hour. Notwithstanding anything to the contrary contained herein, however, the parties hereto hereby acknowledge that the foregoing fees are based upon current utility charges. In the event of a material increase in utility charges, said increase shall be paid by Tenant. (b) In the event that the Demised Premises are separately metered, Tenant shall provide Landlord with satisfactory evidence that all such be responsible for payment for its electrical usage directly to the utility charges have been paid through company. In the last day of event the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services Demised Premises are not separately metered metered, Tenant shall reimburse Landlord for its electrical usage pursuant to and paid an energy survey, to be performed (no more than once per Lease year) by Tenant, or if any such services are furnished and paid for an energy survey company chosen by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from at Tenant's changed or increased requirementssole cost and expense. However, the cost of said energy survey shall be reasonable and standard in the industry. The parties hereto hereby agree that, until the energy survey has been conducted, Tenant shall on demand pay to Landlordreimburse Landlord for its electrical usage at the rate of $1.25 per rentable square foot per annum, 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hourspayable monthly. SECTION 6.02. (c) Landlord can discontinue, without notice to Tenant, any of the utilities or shall provide (i) janitorial services furnished to the Demised Premises for which Tenant fails to pay five (5) nights per week; (ii) elevator service; and no such discontinuance shall be deemed an actual or constructive eviction(iii) snow removal. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01Landlord agrees to provide Building standard water, gas and electricity service connections to the Building. Tenant shall pay promptly to bring such utilities to the Premises and for all water, gas, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection and service chargessewer, sprinkler standby charges, charges and for all other utilities and services and utilities supplied to used on or from the Demised Premises on and after the Commencement DatePremises, together with any taxtaxes, excise penalties, surcharges or surcharge thereonthe like pertaining thereto and any maintenance charges for utilities, as well as shall furnish all electric light bulbs and tubes. Within ten Landlord and Tenant acknowledge and agree that all utility services other than water serving some portions of the Premises are separately metered to the Premises and are in Tenant’s name. All costs associated with the provision of any water to the Premises that is not billed directly to Tenant will, at Landlord’s option, either: (10a) be billed directly by Landlord to Tenant and paid by Tenant within 30 days after receipt of such billing; or (b) included as part of Basic Costs and paid by Tenant in accordance with the expiration provisions of Exhibit C attached hereto. The failure by Landlord to any extent to furnish, or the interruption or termination of utilities in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any other cause shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of rent, nor relieve Tenant from the Term of this Lease, obligation to fulfill any covenant or agreement hereof Tenant shall provide allow Landlord with satisfactory evidence that all and such utility charges have been paid through Electric Service Provider reasonable access to the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by TenantBuilding’s electric lines, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 utility installations, including, without limitationfeeders, wiring, plumbingand any other machinery within the Premises. Notwithstanding anything to the contrary contained in this Section 6, conduitsif (i) Landlord or its employees, agents or representatives is the sole and mains, resulting from Tenant's changed or increased requirements, Tenant shall on demand pay to Landlord, in advance direct cause of installation, the total cost of such installation. Landlord reserves the right to interrupt the supply any interruption of water, gas, electric and also sewer service and any other similar utilities for the Demised Premises when required by reason of accident gas or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished electricity to the Demised Premises which continues for which Tenant fails to pay and no five (5) consecutive Business Days, (ii) the restoration of such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of service is reasonably within the failure, discontinuance, interruption or 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 control of Landlord, provided(iii) as a result of such interruption, howeverthe Premises or a material portion thereof, if said utilities are discontinued, at no fault is rendered untenantable (meaning that Tenant is unable to use all or a material portion of the Premises in the normal course of its business), and (iv) Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, for a as its sole remedy, shall be entitled to receive an abatement of Base Rent and Additional Rent payable with respect to such portion of the Premises which is untenantable during the period beginning on the sixth (6th) consecutive period Business Day of 180 days or more, such interruption and ending on the Tenant shall have day when the right to terminate this Leaseservice in question has been restored.

Utilities. SECTION 6.01‌ (a) Xxxxxx agrees to pay as additional rent Tenant’s pro rata share of the water rent and sewer service charges chargeable to the total building in which the premises are located, based upon the size of the premises in proportion to the total square footage of the building, which sum shall be due within thirty (30) days after Xxxxxxxx’s written demand. If required by Landlord, Xxxxxx agrees that it will, upon written notice from Landlord, install a water meter and sewer service meter (if possible) at Tenant’s expense and thereafter pay all water and sewer service charges for the premises based on such meter readings. (b) Tenant shall also pay all costs of electricity, gas, telephone and other utilities used or consumed on the premises, together with all taxes, levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, and such default continues beyond any applicable notice and cure period herein set forth, Landlord may, at its option, pay the same for and on Xxxxxx’s account, in which event Tenant shall promptly reimburse Landlord therefor. (c) In addition, Tenant shall pay, as additional rent, 34.29% (being the same percentage which the square foot floor area of the premises bears to the entire leasable area of the building) of Landlord’s costs of public service electric usage which is not separately metered for Tenant’s premise. Tenant shall also pay promptly 34.29% of the costs of public service electric usage for all waterlighting the parking and other common areas, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten which sum shall be due within thirty (1030) days after Landlord’s demand. (d) Landlord represents that utilities for HVAC, electricity and/or gas, water and water service which are necessary for the expiration or termination operation of the Term premises shall be available upon commencement of this Lease, the Lease term and shall be in good working order. Tenant shall provide perform its own janitorial service within the premises and shall, at Tenant’s sole cost, remove all trash from the premises and place it within the dumpster to be located at a location approved by Landlord with satisfactory evidence that all such utility charges have been paid through outside the last day building. The cost of the Term. Tenant agrees to immediately apply for all applicable utilities to dumpster shall be 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 by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hoursXxxxxx. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.

Utilities. SECTION 6.01Tenant shall be solely responsible for cost of the electrical utilities used to power Tenant’s Equipment. Tenant shall pay promptly for all watermay, gasbut is not obligated to, heat, light, power, sewer charges, telephone installation have its own utility hookup, connection and service charges, sprinkler standby chargesmeter installed in a mutually agreed upon location, and will request that Tenant’s utility usage is billed directly to Tenant by the applicable utility company. If separate metering is not commercially reasonable (as determined by Tenant), then Tenant may install a utility sub meter on Landlord’s main utility meter, which Landlord shall read and bill to Tenant on a monthly basis (without mark-up) for Tenant’s utility consumption and provide Tenant with documentation to substantiate all other services and utilities supplied invoiced amounts. If Tenant installs a sub meter, then Tenant’s actual utility usage charges shall be paid by Tenant to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten Landlord (10each without mark-up) within sixty (60) days after the expiration or termination following Xxxxxx’s receipt of the Term of this Lease, an undisputed invoice and documentation substantiating all invoiced amounts. Landlord grants to Tenant shall provide Landlord with satisfactory evidence that all such and its utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply providers non-exclusive easement(s) for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installationsutilities, including, without limitation, wiringfiber optic cabling and electrical power as may be reasonably necessary for utilization of Tenant’s Equipment at the Premises (“Easement”). The Parties acknowledge and agree that independent third-party providers of utility services, plumbingincluding but not limited to, 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 waterfiber, gas, electric and also sewer service and any other similar utilities for telephone, may utilize the Demised Premises when Easements. If required by reason of accident or of repairsany such third-party provider, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts execute a separate recordable document or other reasonable documentation evidencing such rights without the payment of additional consideration. The Parties acknowledge and agree that Tenant may wish to limit obtain real property rights or interests from third-parties and, if requested, Landlord shall promptly provide commercially reasonable assistance to Tenant with respect to obtaining such interruptions to non-business hours. SECTION 6.02rights. Landlord can discontinue, without notice also grants to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have : (a) the right to terminate this Lease.use any fiber installed at the Property to support Tenant’s Installation, if available; and (b) the right to install such fiber services on, through, over and/or under the Property in available conduit. It is expressly acknowledged and agreed that independent third party providers of utility services, including, but not limited to, fiber, may utilize the Easements and conduit for the installation of lines, equipment, and all necessary appurtenances, without the execution of any further documentation. In the event that the existing electric, gas, telephone, cable or fiber utility sources located on the Property are insufficient for Tenant’s Permitted Use, Landlord agrees to grant Tenant and/or the applicable third-party utility or fiber provider the right, at Tenant’s sole cost and expense, to install such utilities on, over and/or under the Property as is necessary for Tenant’s Permitted Use, provided that the location of such utilities shall be mutually agreed upon by Landlord and Tenant prior to the commencement of installation thereof. The Easements are depicted on the drawings attached hereto and incorporated herein as Exhibit B.

Utilities. SECTION 6.01. Tenant shall pay promptly for all water, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide 12.1 Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities cause to be 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 provided connections for by Landlord, Tenant shall pay 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 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 electrical power, CATV, telephone service and sewerage service at the boundary of the Premises (at locations reasonably determined by Landlord). 12.2 Tenant, at its sole cost and expense, shall promptly pay all charges for electricity, water, gas, telephone service, CATV, sewerage service and other utilities furnished to the Premises or any other similar utilities part thereof. Landlord may, if it so elects, furnish one or more utility services to Tenant and, in such event, Tenant shall purchase such services as are tendered by Landlord and shall pay, on demand, as additional Rent, the rates established therefor by Landlord, which rates shall not exceed the rates which would be charged for the Demised Premises when required same services if furnished directly by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completedlocal public utility companies. Landlord agrees may at any time discontinue furnishing any such service without obligation to use its best efforts Tenant other than to limit provide connections at the boundary of the Premises for the public utility, if any, furnishing such interruptions service. If Landlord elects to non-business hours. SECTION 6.02. Landlord can discontinue, without notice provide any utility service to Tenant, any Landlord shall use commercially reasonable efforts to minimize and promptly cure all interruptions of the utilities or services furnished such utility service reasonably within Landlord's control (except for interruptions due to Tenant's default under this Lease). Notwithstanding anything to the Demised Premises for which contrary contained in this Lease, if Landlord shall fail to take such steps as are reasonably within Landlord's control to cure an interruption of utility services provided by Landlord within twenty-four (24) hours after such interruption occurs, Tenant fails may (but shall not be obligated to) take such steps as are necessary to pay and no cure such discontinuance interruption. Landlord shall be deemed not, as long as Tenant is not in default hereunder, intentionally interrupt any utility service to the Premises, unless such interruption is necessitated by an actual emergency or constructive evictionthe need to make repairs. SECTION 6.03. Under no circumstances 12.3 Landlord shall Landlord not be liable to Tenant on account of the failurefor any interruption whatsoever in utility services not furnished by Landlord, discontinuance, nor for interruption or quality of the utilities or in utility services furnished to the Demised Premises, regardless of whether such utilities or services are furnished by Landlord which are due to (i) fire, accident, strike, acts of God or by third partiesother causes beyond the control of Landlord or (ii) alterations, nor shall any of repairs or improvements being made to the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeasePremises.

Utilities. SECTION 6.01. (a) Notwithstanding anything in this Lease to the contrary, Tenant shall pay promptly to Landlord, as Additional Rent all charges incurred by Landlord, or its agent, for all water, gassewer, heatgas and electricity, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges(i) such charges for the Premises shall be based upon Tenant's Share of the Building or Tenant’s share of the square footage served by the specific submeter for such utility, and (ii) such charges for all other services and utilities supplied to the Demised Premises Building common areas shall be based on and after Tenant’s Share of the Building. The aforesaid utility charges shall commence upon the Commencement Date. Landlord shall have the right to estimate the utility charge but shall be required to reconcile on an annual basis based on invoices received for such period in accordance with Section 4(c) above, together with any tax, excise or surcharge thereon. Within ten (10) days after which obligation shall survive the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 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, shall not be liable for any interruption or delay in electric and also sewer service and or any other similar utilities utility service for the Demised Premises when required by any reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 LandlordLandlord or its agents. In the event of interruption or delay in electric or any other utility, provided, however, if Landlord shall use commercially reasonable efforts to correct said utilities are discontinued, at no fault of interruption or delay in a diligent manner by working with the utility providers and Tenant, for a consecutive period of 180 days or more, the Tenant . Landlord shall have the right to terminate change the electric and other utility provider to the Project or Building at any time. Landlord is (b) Except for reasons outside of Landlord’s control, Landlord shall provide: (i) Premises heat and air-conditioning ("HVAC") service in the respective seasons during the hours of 8:00 a.m. to 6:00 p.m. on weekdays, excluding Building Holidays ("Business Hours") (HVAC service to the Premises on Saturdays shall be provided only upon Tenant’s prior written request to Landlord and shall be subject to payment by Tenant for such HVAC at the rate due for usage during non-Business Hours; provided however, there shall be no charge for such HVAC during the hours of 9:00 a.m. to 1:00 p.m. on Saturdays); (ii) Premises electricity for lighting and standard office equipment typically found in office buildings in the market in which the Project is located; (iii) water and sewer service to the extent typically provided by landlords of office buildings in the market in which the Project is located; (iv)janitorial services in accordance with the specifications set forth in Exhibit “C” attached hereto; and (v) passenger and freight elevator service to the Premises. At any hours other than Business Hours, HVAC will be provided at Tenant’s expense at $75.00 per hour, as the same may be adjusted by Landlord in its reasonable discretion from time to time. “Building Holidays” are Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day. (c) Use of the Premises, or any part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) for the HVAC units serving the Premises, or rearrangement of partitioning which interferes with the normal operation of the HVAC system in the Premises, may require changes in the HVAC system servicing the Premises. Landlord has no obligation to keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or in any similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. If Tenant exceeds the design conditions for the HVAC units serving the Premises or introduces into the Premises equipment that overloads the system, and/or in any other way causes the system not adequately to perform their proper functions, supplementary systems may at Landlord’s option be provided by Landlord, at Tenant’s expense. Tenant shall not change or adjust any closed or sealed thermostat or other element of the HVAC system without Landlord’s prior written consent. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that Tenant's use of electricity is excessive, Tenant agrees to pay for the installation of a separate electric meter or submeter to measure electrical usage in excess of normal office use and to pay Landlord for all such excess electricity registered therein. (d) If any utility service to the Premises that Landlord is required to provide hereunder is interrupted due solely to the negligence or willful misconduct of Landlord or Landlord’s failure to comply with its obligations under this Lease (“Service Interruption”) and such Service Interruption causes all or a material portion of the Premises to be unusable (“Affected Space”) for a period of four (4) or more consecutive business days after written notice thereof has been given by Tenant to Landlord (“Interruption Notice”), then, provided that Tenant has actually ceased all of its operations in the Affected Space for the conduct of its business, Fixed Rent shall xxxxx in the proportion that the rentable square footage of the Affected Space 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 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 employees, contractors, agents, representatives or invitees, or Tenant’s failure to comply with its obligations under the Lease. Tenant agrees that the rental abatement described herein shall be Tenant’s sole remedy in the event of a Service Interruption and Tenant hereby waives any other rights against Landlord in connection therewith.

Utilities. SECTION 6.0114.1. Tenant Sublessor shall pay promptly 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 all the buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, gas, heat, light, power, sewer chargeselectricity, 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 shall 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 hookupfacilities 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, connection 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 chargesduring 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, sprinkler standby chargespublic 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 for all other services and utilities supplied to the Demised Premises on and after the Commencement DateSublessee will pay Sublessor, together with any tax, excise or surcharge thereon. Within within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the expiration or termination applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be in excess of the Term 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 furnishing 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 authorizations required for the lawful and proper installation and maintenance upon the Subleased Premises of wires, pipes, conduits, tubes and other equipment and appliances required to supply any such service upon the Subleased Premises, and Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone and any other utility used or consumed in the Subleased Premises and 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 provisions of Article 15 of this Lease, Tenant Sublease applicable to construction work.. 14.4. Sublessee (and any sublessee or assignee of Sublessee) shall provide Landlord be solely responsible for obtaining at its sole cost and expense any sewage or stormwater discharge permits as may be required for its operations under this Sublease (or any sublease or assignment). Sublessee (and any sublessee or assignee of Sublessee) shall be required to comply with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 land use control regulations promulgated by Sublessor and paid for by Landlord. If Landlord is required any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to construct new or additional utility installationssewage treatment works, including, without limitation, wiringany pre-treatment requirements. 14.5. Notwithstanding anything in this Article 14 to the contrary, plumbingSublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, conduitsupgrade 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. In connection with said relocation, upgrade and mainsimprovement, 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 been completed. Landlord Sublessee agrees to use pay its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any proportional share of the utilities or services furnished 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 Demised Premises for which Tenant fails 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 pay the issuance by the City of Portsmouth of a Building Permit and no the commencement of construction of the Facility Sublessee shall enter into a written agreement with the City of Portsmouth, with such discontinuance security as the City of Portsmouth may reasonably require to insure that said payment obligation is met. Sublessee agrees that any payment obligation with respect to the Wastewater/Water Improvements shall be deemed considered an actual or constructive eviction. SECTION 6.03Imposition under Article 5 of this Sublease. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Lease.END OF ARTICLE 14 -----------------

Utilities. SECTION 6.01. 10.1 Tenant shall pay promptly for the cost of all water, gas, heat, light, power, sewer chargessewer, telephone installation utility hookuptelephone, connection and service charges, sprinkler standby chargesrefuse disposal, and for all other utilities and services and utilities supplied to the Demised Premises on and after Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, 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 Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and paid by Tenant, or if any such services are furnished and paid for by Landlord, other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord as Additional Rent Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of 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 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 is required shall have the right at any time and from time to construct new time to contract for service from any company or additional companies providing electrical, telecommunication, or other utility installations, including, without limitation, wiring, plumbing, conduits, and mains, resulting from Tenant's changed or increased requirements, service to the Building. Tenant shall on demand pay 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 Landlordthe Premises and to the electric lines, in advance of installationfeeders, the total cost of such installation. Landlord reserves the right to interrupt the supply of waterrisers, gas, electric and also sewer service wiring and any other similar utilities machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for the Demised Premises when required any loss, damage or expense that Tenant may sustain or incur by reason of accident any change, failure, interruption, interference or defect in the supply or character of repairs, alterations the electricity or improvements, until such repairs, alterations or improvements shall have been completedother utilities supplied to the Premises. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any makes no representation or warranty as the suitability of the utilities or services furnished to the Demised Premises utility service for which Tenant fails to pay Tenant’s requirements, and no such discontinuance change, failure, defect, unavailability or unsuitability shall be deemed an constitute any actual or constructive eviction. SECTION 6.03, 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. Under no circumstances Landlord shall Landlord not be liable to in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseLease or xxxxx the rent due hereunder.

Utilities. SECTION 6.01. Tenant LESSEE shall pay promptly 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 LESSOR, including all waterpermits, gas, heat, light, power, sewer charges, telephone installation utility hookup, licenses or authorizations necessary in connection and service charges, sprinkler standby charges, and for all other services and utilities supplied therewith. Such payments by LESSEE shall be made directly to the Demised Premises on and after utility supplier or service provider, except that if such utilities should be supplied by the Commencement DateLESSOR, together with any taxthen in this event, excise or surcharge thereon. Within ten LESSEE will pay those costs to LESSOR within thirty (1030) days after receipt of LESSOR’s invoice. LESSOR agrees that any such costs invoiced to LESSEE will be based on the expiration rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. Unless otherwise agreed upon in writing, if LESSEE requires utilities beyond that currently provided or termination that are available to be extended to the Premises boundary, LESSEE agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be 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 by Landlord, Tenant shall pay 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 utility installations, including, without limitation, wiring, plumbing, conduitsPremises, 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 comply with all provisions for maintaining such installationutilities. Landlord The LESSOR reserves for itself the right to interrupt upgrade, extend, install, maintain and repair all utilities and services on or across the supply of waterPremises, gas, electric and also sewer service and any other similar whether or not such services or utilities are for the Demised Premises when required by reason benefit of accident or of repairsLESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, alterations or improvements, until such repairs, alterations or improvements and shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished avoid to the Demised Premises for which Tenant fails greatest extent possible any unreasonable interference or interruption to pay LESSEE’s operations. All electrical, data and communications utilities installed or caused to be installed shall be underground, and no such discontinuance utility services or other cables or wires shall be deemed an actual installed on poles or constructive eviction. SECTION 6.03otherwise above ground. Under no circumstances Unless otherwise provided in this Agreement, all utilities and conduits or ducts installed by anyone on the Premises shall Landlord be liable considered fixtures as defined under Section 18, Title to Tenant on account Facilities, Improvements and Fixtures, and shall become the owned property of LESSOR. All utility facilities installations shall meet the failurerequirements of Section 16, discontinuanceFuture Alteration and Improvement Standards of this Agreement. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, interruption connected or quality introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSOR shall take all reasonable precautions to prevent the discharge of material into any drainage system that would create interference with the utilities flow therein, or services furnished that would cause a hazard or unlawful contamination thereto. A copy of LESSEE’s Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the Demised Premises, regardless of whether such utilities or services are furnished by Landlord or by third parties, nor shall any of LESSOR upon the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this LeaseLESSOR’s request.

Utilities. SECTION 6.01. Tenant 3.5.1 Provided the rates of the provider are reasonably competitive in the marketplace, Landlord shall pay promptly for all waterhave the right from time to time to select the company or companies providing electricity, gas, heat, light, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby chargesfuel, and for all any other utility services and utilities supplied to the Demised Premises on and after the Commencement DateBuilding other than telecommunications providers, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to which may be separately metered and billed to selected by Tenant. If any such services are service is not separately metered to the Premises or is not otherwise separately accounted for and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice billed to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance cost therefor shall be deemed an actual or constructive evictionOperating Cost under this Lease. SECTION 6.033.5.2 Landlord shall provide HVAC service, water, sewer, elevator and electricity twenty-four (24) hours per day, three hundred sixty-five (365) days per Year. Under no circumstances After-hours HVAC shall Landlord be liable available at a cost not to Tenant on account of the failure, discontinuance, interruption or 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 of exceed Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the ’s actual cost. Tenant shall have the right to terminate establish separate controls and meters to facilitate independent operation of HVAC during non-standard hours of operation. 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 failure of, diminution of 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 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; provided, however, Landlord shall use diligent efforts to facilitate the restoration of any such interrupted services as soon as reasonably possible. 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 one (1) Business Day after the date on which Tenant delivers notice to Landlord of such interruption, deprivation or reduction and that Tenant is being deprived of all reasonable use of the Premises and ending on (b) the date such interruption, deprivation or reduction which is Landlord’s responsibility is not causing Tenant to be deprived of all reasonable use of the Premises. 3.5.4 Tenant acknowledges that space on the Building rooftop and in Building risers, equipment rooms and equipment closets is limited. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, shall be entitled to locate or install Telecommunication Facilities on the rooftop without (a) first obtaining Landlord’s advance, written consent (given in its reasonable discretion) and (b) the advance execution by Landlord and Tenant of a reasonable agreement granting a license to Tenant for such purposes and setting forth the 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. Tenant shall not be obligated to pay any rent or other charges for the use of Telecommunication Services on the Building rooftop or Building risers or equipment closets. 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 on the rooftop 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.

Utilities. SECTION 6.01Tenant shall obtain all water, electricity, sewerage, gas, fiber optic, television, cable, telephone and any other utilities for the Leased Premises directly from the public utility company(ies) furnishing same and shall coordinate all necessary utility connections and hook-ups, unless otherwise agreed. Any meters required in connection therewith shall be installed at Tenant’s sole cost. Tenant shall pay promptly all utility deposits and fees, and all monthly service charges for all water, electricity, sewage, gas, heatfiber optic, lighttelevision, power, sewer chargescable, telephone installation and any other utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied furnished to the Demised Leased Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of during the Term of this Lease. 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, except to the extent any utilities are disrupted as a result of Xxxxxxxx’s willful disruption. Tenant shall arrange for and be responsible for electricity for any entry gate and area lighting for the Leased Premises. Tenant may underground utilities to Leased Premises in its sole discretion. (a) Tenant access for construction, maintenance, and repair of Utilities Systems outside of Leased Premises. Tenant shall be responsible for the construction, maintenance and repair of Utilities Systems (defined in Section 4.1) that exclusively serve the Leased Premises. At the time of execution of this Lease, no Utilities Systems have been constructed. Landlord understands Tenant will require Utilities Systems located outside the Leased Premises that connect to and serve the Leased Premises, and that Tenant anticipates constructing Utilities Systems outside the Leased Premises (“Offsite Utilities Systems”). Tenant may construct, maintain and repair Utilities Systems, including Offsite Utilities Systems under those lands with Assessor Parcel Numbers 000-000-00, 000-000-00, 000-000-00, 000-000-00, and 000-000-00 (all of which are currently owned or controlled by Landlord). To the extent not underground, Landlord shall explicitly approve of such installation; and Landlord may base such explicit approval upon the extent to which there may be interference with reasonable and normal usage of the parcel, though such Landlord approval shall not be unreasonably withheld. Tenant shall provide prior notice to Landlord with satisfactory evidence that all such utility charges have been paid through the last day of construction of any Offsite Utilities Systems and those systems to which Tenant intends to connect its Offsite Utilities Systems. Exhibit C depicts at least a portion of Tenant’s anticipated Offsite Utilities Systems. Landlord approves of the Termlocations of the Offsite Utilities Systems depicted therein and also understands Xxxxxx’s plans may change as more information becomes known. Tenant agrees Xxxxxxxx’s consent to immediately apply for all applicable utilities Xxxxxx’s construction of Offsite Utilities Systems, including but not limited to changes to what is depicted in Exhibit C, shall not be separately metered and billed to Tenantunreasonably withheld. If To the extent any such services are not separately metered to and paid by Tenantconstruction, maintenance, and/or repair of any Offsite Utilities Systems may occur outside the Leased Premises but still on real property owned or if any such services are furnished and paid for controlled by Landlord, Tenant shall pay 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 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseaccess such non-Leased Premises land(s), provided Tenant provides reasonable notice prior to entering such land(s). (b) All Utilities Systems, once completed, shall become the property of the owner of the parcel in which such Utilities Systems rest.

Utilities. SECTION 6.01. Tenant shall contract with and directly pay promptly when due utility company charges for all water, gas, electricity, heat, light, power, sewer chargestelephone, telephone installation utility hookup, connection and service chargessewer, sprinkler standby chargesservices, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for all utilities, and any storm sewer charges or other services and similar charges for utilities supplied to imposed upon the Demised Premises on and after the Commencement Dateby any Governmental Authority or utility provider, together with any taxtaxes, excise penalties, surcharges or surcharge thereonthe like pertaining to Tenant’s use of the Premises. Within Landlord shall have no responsibilities whatsoever in connection with the foregoing. Electrical, gas (if any) and water shall be separately metered. Landlord may cause at Tenant’s expense for the actual cost thereof any utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay its share of all charges for jointly metered utilities based upon consumption, as reasonably determined by Landlord. If any Governmental Authority suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, power, or the reduction of automobile emissions, Landlord, at its sole but reasonable discretion to the extent voluntary, may comply with such voluntary guidelines and, accordingly, require Tenant to so comply. Landlord and Tenant shall comply with any mandatory controls imposed by any Governmental Authority. 8.3.1 Tenant shall, at its sole cost and expense, contract directly with a janitorial service and shall pay for all janitorial services used on or for the Premises. Landlord shall have no obligations whatsoever in connection therewith. 8.3.2 Tenant shall store all trash and garbage within the Premises or in a trash dumpster or similar container approved by Landlord as to type, location and screening, and Tenant shall arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall comply with applicable Laws related to trash and recycling. 8.3.3 Tenant shall, within ten (10) days after request by Landlord, provide consumption data in a form reasonably required by Landlord for: (i) any utility billed directly to Tenant or any subtenant or licensee of Tenant; and (ii) any sub metered or separately metered utility supplied to the expiration or termination Premises, which Landlord is not responsible for reading. If Tenant utilizes separate service providers from those of Landlord, Tenant hereby consents to Landlord obtaining the Term of this Leaseconsumption data directly from such service providers and, within ten (10) days after written request, Tenant shall execute and deliver to Landlord and the service providers such written releases as the service providers may request evidencing Tenant’s consent to deliver the consumption data to Landlord. 8.3.4 Tenant acknowledges (i) that Landlord shall have no obligation to provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day any security measures for any portion of the Term. Premises or the Project other than such commercially reasonable security measures employed by landlords of comparable Projects, in Landlord's sole discretion, and (ii) that Landlord has made no representation to Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenant, regarding the safety or if any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be determined by Landlord security of all charges jointly metered with other premises and all services which are furnished and paid for by Landlordthe Project. If Landlord is required provides any security measures at any time, then (a) Landlord shall not be obligated to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduitscontinue providing such security measures, and mainsLandlord shall not be obligated to provide such security measures with any particular standard of care, resulting from and (b) all reasonable and actual costs and expenses incurred by Landlord to implement such security measures will be considered Operating Expenses. Tenant assumes all responsibility for the security and safety of 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 been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 partiesand/or Tenant’s Parties. Tenant may, nor shall any of at its own expense, install its own security system (“Tenant’s Security System”) in the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, Premises; provided, however, if said that Tenant shall coordinate the installation and operation of Tenant’s Security System as an Alteration, and Tenant shall coordinate with Landlord as reasonably requested by Landlord to ensure Landlord’s access to the Premises pursuant to its rights set forth in Section 6.5 above. 8.3.5 Except as otherwise specified herein, no failure to furnish or delay in furnishing any utilities are discontinuedor services or for diminution in the quality or quantity of any utilities shall result in the termination of this Lease or any liability of Landlord or any Landlord Party for loss or injury to persons or property, at no fault or for damages, fees, costs, or expenses of any kind whatsoever or injunctive relief; provided, however, in the Tenantevent that Tenant requests Landlord’s assistance in restoring disrupted utility service, Landlord shall promptly cooperate with Tenant to assist Tenant to cause same to be restored, it being understood that any costs of same will be treated as Operating Expenses. Furthermore, Tenant will be entitled to an equitable abatement of Rent for a consecutive the period of 180 days such failure or moreinterruption (retroactive to the first day of such interruption) but only to the extent such failure or interruption: (i) is directly attributable to Landlord’s gross negligence or misconduct or that of its employees, agents or contractors, (ii) prevents Tenant from using, and Tenant does not use, the Premises or the affected portion thereof for the conduct of Tenant’s business operations therein, (iii) Tenant shall have was using the right Premises or such affected portion for the conduct of Tenant’s business operations prior to terminate this Leasethe failure or interruption, and (iv) such failure or interruption continues for more than three (3) consecutive business days (or ten (10) business days in any twelve (12)-month period) after delivery of written notice of such failure or interruption from Tenant to Landlord.

Utilities. SECTION 6.01All charges for utilities services will be paid promptly by Tenant when due. Tenant Lessor shall pay promptly not be liable for all waterdamages occurred for the failure of utilities or services occasioned by strikes, gasbreakage of equipment, heatfailure of source of supply, lightacts of God, power, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to or by any act or cause beyond the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination control 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 TermLessor. Tenant agrees to immediately apply pay for all applicable utilities gas, electricity, water, trash removal services and common utilities, including furniture removal connected to be separately metered and billed to Tenant. If any such services are not separately metered the premises, in addition to and in the same manner as rent, by paying for either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, electricity, water, trash removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenant, or if ’s are also responsible for paying any such services are furnished and paid for by Landlord, Tenant shall pay 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 utility overages such as water or additional trash expenses (i.e. Six Day Review as mandated by the City of Boulder (See “Note” Below For Details). Tenant will pay the prorata share equal to 100% (unless indicated below) or fixed utility installationsexpense of $_95_ each month. In the event any of the utility companies increase their utility rates more than 10% anytime throughout the year, 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 Lessor reserves the right to interrupt adjust the supply of waterfixed utility expense up, gas, electric and also sewer service and any other similar utilities for in order to cover the Demised Premises when required by reason of accident or of repairs, alterations or improvements, increase. If this should occur BPM will notify its Tenant(s) in writing. Lessor will xxxx the utility expenses to the Tenant along with the monthly rent statement until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any the expiration of the lease. At time of move-out, these utilities can not be disconnected until the move-out date, or the Tenant will be charged a $10.00 fee in addition to any unpaid utility charges. All additional utilities and services furnished not named below (i.e. internet, cable, phone, etc.) are paid by the tenants directly to the Demised Premises for which company providing said services. If you receive a “high usage” water xxxx it will be the responsibility of the tenants to pay this utility xxxx in full. High usage can be caused from a running toilet, leaky sink etc. You will be responsible to pay this xxxx the month it is posted to your account. As listed below, some utility bills are to be transferred into the tenant’s name and paid directly to the corresponding utility company. If the Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of transfer the utilities or services furnished into their name, Boulder Property Management will pay the utilities and xxxx it back 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, and will charge the Tenant shall an additional $25.00 fee for every month the utilities have not been transferred into the right to terminate this LeaseTenant’s name.

Utilities. SECTION 6.01Except as set forth herein, Landlord shall not be required to furnish to Tenant any utility services of any kind, such as but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV or other utilities used, rendered, or supplied, upon or in connection with the Premises. Tenant shall obtain and contract directly with the respective utility provider or janitorial service and pay all charges for any utilities separately metered to the Premises or janitorial services separately contracted for the Premises. Tenant agrees that Landlord shall not be liable for directly contracted utility services not being supplied to the Premises. 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 the Premises are abandoned by Tenant or if the Lease is terminated. Upon the date the Premises are delivered to Tenant, the HVAC units (described below), the roof, plumbing electrical and mechanical systems serving the Premises shall be in good working order, condition and repair. The HVAC units shall consist of individually zoned, roof-mounted heating/cooling units which shall provide an average of 5 tons of cooling per 2,000-2,500 square feet of office area. Tenant shall pay promptly for as Operating Expenses, Tenant’s Share of all utilities servicing the Premises on common meters with other tenants, including but not limited to water, sewer, hot water, heat, gas, heatelectricity, light, powertelephone, sewer charges, telephone installation utility hookup, connection and service charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Termcable TV. Tenant agrees that Landlord shall not be liable for failure to immediately apply for all applicable utilities supply any utility service during any period Landlord is unable to be separately metered and billed to Tenant. If any furnish such services are not separately metered and Landlord uses reasonable diligence to and paid by Tenantsupply such services, or if any such services are furnished and paid for by Landlord, Tenant shall pay 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 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. it being understood that Landlord reserves the right to interrupt the supply discontinue temporarily such services, or any of waterthem, gas, electric and also sewer service and any other similar utilities for the Demised Premises when required at such times as may be necessary by reason of accident or accident, unavailability of employees, repairs, alterations or improvements, until such repairsor whenever by reason of strikes, alterations lockouts, riots, acts of God or improvements any other happening beyond control of Landlord. Landlord’s obligations to furnish services shall have been completedbe conditioned upon the availability of adequate sources. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. SECTION 6.02. Landlord can discontinue, without notice to Tenant, any of the utilities or services furnished to the Demised Premises for which Tenant fails to pay and no such discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or 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 of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant shall have the right to terminate this Leaseenter upon the Premises at all reasonable times in order to 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.