Common use of Utilities Clause in Contracts

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to 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) and 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 taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied 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 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 shall contract for all associated with the delivery 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 Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored[***].

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but SECTION 6.01. Tenant shall pay during the Lease Term and prior to delinquency promptly for all charges for water, gas, heat, light, heat, power, electricitysewer charges, telephone or other communication serviceinstallation utility hookup, janitorial serviceconnection and service charges, trash pick-upsprinkler standby charges, sewer and for all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Demised Premises on and shall contract for all of the Services in Tenant's name prior to after the Commencement Date, together with any tax, excise or surcharge thereon. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Within ten (10) days after the event that any expiration or termination of the Services cannot 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 or to Tenant. If any such services are not separately metered to the Premisesand 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 the Services all charges jointly metered with other premises and all services which are not separately metered as 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 the Commencement Dateinstallation, the total cost of such Services 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 Operating Expense and 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 pay such cost have the right to 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 terminate 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency cost of all charges for water, gas, heat, light, heat, power, electricitysewer, telephone or other communication servicetelephone, janitorial servicerefuse disposal, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange make payments for Services to be supplied all separately metered utilities, when due, directly to the Premises and appropriate supplier. Landlord shall contract for all of have the Services in Tenant's name prior right to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by require Tenant to so contract install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for Services. In the event that measurement of utility usage) for any of the Services canutility for which a separate meter is not be separately billed or metered to the Premises, or if any of the Services are not separately metered installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, the cost Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such Services shall be an Operating Expense and other factors as Landlord deems relevant. Tenant shall pay its equitable share of such cost utilities to 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 notwithstandingextent such obligation exceeds any amount thereof impounded under Section 4.5, Landlord agrees that if Services are curtailed or suspended to the Premises as within fifteen (15) days after receipt of a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours statement from Landlord. If at any time during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated electrical power or any other utility is available to the extent Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such curtailment providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or suspension equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of Services interferes with Tenant's use any change, failure, interruption, interference or defect in the supply or character of the Premises (electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as reasonably determined by to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and Tenant) following no such forty-eight (48) hour period until such Services are restoredfailure or interruption shall entitle Tenant to terminate this Lease or xxxxx the rent due hereunder.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, lightheating, heatventilation, powerair conditioning, cooling, sewer, telephone, electricity, telephone or other communication servicegarbage, janitorial service, trash pick-up, sewer landscaping and all other services and utilities supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, including Tenant’s Share of any such services or if any of the Services utilities which are not separately metered as 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 Commencement Date, the cost of such Services shall be an Operating Expense and Premises or which are provided directly to Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in 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 total gross leasable square footage located extent Landlord is billed for such utilities, to Landlord within thirty (30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord within thirty (30) days after receipt of an invoice therefor or, at Landlord’s option and in all buildings utilizing its sole discretion, Landlord may estimate such Servicescharges and include such estimate in Landlord’s Estimate, in which event they shall be payable monthly by Tenant to Landlord along with other estimated Operating Expenses, subject to reconciliation annually as described in Section 4.05(c). All other charges for utilities and services shall be recoverable by Landlord to the extent provided in Article IV. The disruption, failure, lack or shortage of any Services service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence ; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to the contrary notwithstandingobserve or perform its obligations hereunder, then, within three (3) Business Days after receipt of written notice from Tenant specifying such failure, Landlord agrees that shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if Services are curtailed (i) any interruption or suspended to 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 acts or negligence or willful misconduct of Landlord Premises, Base Rent and Additional Rent shall be abated for a the period of forty-eight that commences on the fifth (485th) consecutive hours during Business Day after the Lease Termdate of such interruption until such utilities are restored. If the entire Premises have not been rendered untenantable by such interruption or cessation of services or utilities, then Tenant's Rent payable hereunder the amount of abatement shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredprorated.

Utilities. Landlord agrees Subtenant shall pay directly to providethe applicable provider, when due, for all separately metered utilities exclusively serving the Subleased Premises and any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, any HVAC units). As to all sub-metered utilities exclusively serving the Subleased Premises, the Subtenant Exclusive Area, any equipment therein, and/or any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, any HVAC units), Subtenant shall reimburse Sublandlord, from time to time, for the actual cost of such utility service (including, without limitation, capacity charges, demand charges, taxes, and other fees), within fifteen (15) days after Subtenant’s receipt of a written invoice from Sublandlord, no more often than monthly. Sublandlord has installed or shall promptly install separate meters or sub-meters measuring the electricity furnished to Subleased Premises, Sublandlord’s Retained Space, the Sublandlord Exclusive Area and the Subtenant Exclusive Area; provided, Sublandlord may elect not to, at its costoption, waterseparately meter or sub-meter the lighting system and/or any incidental outlets in the warehouse space of the Building. Subtenant shall reimburse Sublandlord for the reasonable cost of all meters and sub-meters installed by Sublandlord to measure electricity furnished to Subleased Premises and/or the Subtenant Exclusive Area, electricity and telephone service connections into any equipment therein, and/or any equipment not located within the Premises; Subleased Premises but Tenant shall pay during exclusively serving the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Subleased Premises (collectively the "Services"including, without limitation, any HVAC units), within thirty (30) and days after Subtenant’s receipt of a written invoice from Sublandlord. Subtenant shall ensure that all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied electricity furnished to the Premises and shall contract for all equipment in the warehouse space that is part 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 Subleased Premises is separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 fortysub-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredmetered.

Utilities. Landlord agrees to provide(a) Commencing on the Commencement Date, at its costand continuing throughout the Term, water, electricity and telephone service connections into the Premises; but Tenant shall pay during for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the Lease Term 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 prior (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 delinquency 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises meters plus the reasonable costs for reading the meters within thirty (collectively the "Services"30) and all taxes, levies, fees or surcharges days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered payable to Landlord as Additional Rent 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 the Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 utility supplying electricity 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term costs of all electricity and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer any and all other services supplied 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 consumed (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 (collectively directly from the "Services") 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 all taxes, levies, fees or surcharges thereforTenant shall purchase and receive electricity for the Premises directly from the electrical provider servicing the Building. Tenant shall arrange be responsible for Services 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 be supplied to enter the Premises to access and read such submeters at all times during the Term. Landlord 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 maintain, repair and replace, as necessary, 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 Premisessubmeters, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such the cost thereof as Additional Rent hereunder. In addition, Tenant shall provide Landlord with a data/internet connection to Landlordenable Landlord to remotely read the submeters serving the Premises. If Landlord elects that certain or all of the utility costs will be determined based on an independent usage study or studies performed by a third party designated by Landlord from time to time, Tenant shall pay, as Additional Rent, such costs to the extent Tenant is notified of the same by invoice from Landlord. If Landlord elects that certain or all of the utility costs will be determined based on a cost study performed by a third party designated by Landlord from time to time, Tenant shall pay, as provided Additional Rent, the costs identified in Paragraph 12 belowsuch 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, except that Tenant's proportionate share of such Services Tenant shall be the percentage obtained by dividing the gross leasable square footage contained in concurrently with Landlord convert to receiving utility service for the Premises by from such new supplier. Except as otherwise expressly provided herein, Tenant agrees to pay all costs and expenses incurred in connection with the total gross leasable square footage located in provision of HVAC and utilities to the Premises, including without limitation, all buildings utilizing such Serviceslabor, equipment, service contracts required to maintain the equipment plus supplemental heating and cooling, and repair and replacement costs associated therewith. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderAs provided above, electric power for lights, plugs and electrical equipment and on floor air handling and ventilation equipment exclusively serving the Premises will be directly metered, and Tenant shall faithfully keep and observe all be billed directly by the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence public utility company supplying electricity to the contrary notwithstanding, Landlord agrees Building. Tenant acknowledges that if Services are curtailed or suspended to the Premises as is located on a result multi-tenanted floor of the acts or negligence or willful misconduct Building and the costs for electric power (and the costs of Landlord maintenance and repairs of the DX units) for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder mechanical rooms and DX units serving such floor shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined allocated by Landlord between all tenants occupying such multi-tenanted floor and Tenant) following Landlord may reasonably adjust such fortyallocation from time to time to compensate for any disproportionate consumption by any tenant on such multi-eight (48) hour period until such Services are restoredtenanted floor. Landlord shall not be liable in any way to Tenant for any failure or defect in supply or character of electric current or other utilities furnished to be Premises.

Utilities. Landlord 14.1. Sublessor shall bring or shall cause utility lines to be brought to the boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which `Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, which approval shah not be unreasonably withheld. If such installation is approved by Sublessor and if Sublessor agrees to provideprovide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Sublessor also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that such right does not include the right to run any such lines through, under or over any structure on the Subleased Premises and further provided the Sublessor in. exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, at its costsole discretion, watershall have the right from time to time, electricity to alter the method and telephone 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 connections into during such change and so long as such alteration does not result in an increase in the cost of any such utilities. Sublessee agrees to execute and deliver to Sublessor such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any other person, firm or corporation. Sublessor shall have the option to supply any of the above enumerated utilities to the Subleased Premises. If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be in excess of the public utility rates or competitive market rates if available for the same service if applicable to other aviation tenants at the Airport. If Sublessor so elects to supply any of such utilities, Sublessee shall execute and deliver to Sublessor, within ten (10) days after request therefor, any documentation reasonably required by Sublessor to effect such change in the method of finishing of such utilities. 14.2. Sublessor shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall install or make application and arrange for the installation of all such meters or other devices and shall also procure; but Tenant 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 pay during be solely responsible for and promptly pay, as and when the Lease Term same become due and prior to delinquency payable, all charges for water, gas, light, heat, powersewer, 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 communication serviceperson, janitorial service, trash pick-up, sewer firm or corporation. 14.3. All work and construction under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 14.4. Sublessee (and any sublessee or assignee of Sublessee) shall 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 any and all other services supplied land use control regulations promulgated by Sublessor and any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to or consumed sewage treatment works, including, without limitation, any pre-treatment requirements. 14.5. Notwithstanding anything in this Article 14 to the contrary, Sublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, upgrade and improvement of water and sewer lines on the Premises International Drive and Corporate Drive (collectively the "Services") Wastewater/Water Improvements' as more specifically set forth in Exhibit D-1. In connection with said relocation, upgrade and all taxesimprovement, leviesSublessee agrees to-pay its proportional share of the Wastewater/Water Improvements, fees or surcharges thereforwhich 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. Tenant shall arrange for Services to be supplied roadway resurfacing. Notwithstanding any provision of this Sublease with respect to the Premises and shall contract for all calculation of useable acreage of the Services Subleased Premises, Sublessee's proportional share of the Wastewater/Water Improvements is as set forth in Tenant's name prior Exhibit D-1. As a condition precedent to the Commencement Dateissuance by the City of Portsmouth of a Building Permit and the commencement of construction of the Facility Sublessee shall enter into a written agreement with the City of Portsmouth, with such security as the City of Portsmouth may reasonably requite to insure that said payment obligation is met. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event Sublessee agrees that any of the Services cannot be separately billed or metered payment obligation with respect to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Wastewater/Water Improvements shall be considered an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 imposition under Article S of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionSublease. 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.END OF ARTICLE 14 -----------------

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to 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) and 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 taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied 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 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 shall contract for all associated with the delivery 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 Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services there shall be an Operating Expense and Tenant shall pay such cost to Landlordinterruption, 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes any Utility Service (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant's ’s use and enjoyment of all or a portion of the Premises (as reasonably determined a “Service Interruption”), and if (i) such Service Interruption shall continue for five consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (ii) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (provided, however, that causes beyond Landlord’s reasonable control may be deemed to result in a Material Service Interruption if and to the extent that such cause actually results in coverage under Landlord’s rental interruption insurance) or by an act or omission in violation of this Lease by Tenant or by any negligence of any of Tenant’s agents, employees, contractors, invitees, successors or others using the Premises with Tenant’s expressed or implied permission (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the 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) following 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 Material Services Interruption or the amount of Tenant’s abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, such forty-eight (48) hour period until such Services are restoreddispute 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 condemnation, which shall be covered elsewhere in this Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, lightheating, heatventilation, powerair conditioning, cooling, sewer, telephone, electricity, telephone or other communication servicegarbage, janitorial service, trash pick-up, sewer landscaping and all other services and utilities supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, including Tenant’s Share of any such services or if any of the Services utilities which are not separately metered as 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 Commencement Date, the cost of such Services shall be an Operating Expense and Premises or which are provided directly to Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in 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 total gross leasable square footage located sole benefit of Tenant or the Premises which are billed to any paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Office Share of Operating Expenses. All other charges for utilities and services shall be included in all buildings utilizing such ServicesOperating Expenses recoverable by Landlord in accordance with Article IV. The disruption, failure, lack or shortage of any Services service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence ; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to the contrary notwithstandingobserve or perform its obligations hereunder, then, within thirty (30) days after receipt of written notice from Tenant specifying such failure, Landlord agrees that if Services are curtailed or suspended shall initiate the cure of such failure and thereafter shall diligently prosecute said cure 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcompletion.

Utilities. Landlord Licensor covenants and agrees to provide, at its cost, water, maintain public utilities to furnish any electricity and telephone service connections into water utilized in operating any and all of the facilities serving the Premises; but 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 during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone and other such utilities separately metered to the Premises. If any utilities and services are not supplied and separately metered to the Premises, telephone Licensee shall pay Licensee’s Proportionate Share (as defined pursuant to Article 5(b)) of all utilities and services serving the Property in common with other occupants of the Property. No interruption or other communication servicefailure of utilities shall result in the termination of this Agreement or the abatement of rent, janitorial serviceexcept as expressly provided below. Notwithstanding anything contained herein to the contrary, trash pick-upin 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, sewer and all other services supplied to or consumed 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 (collectively are again tenantable. No abatement of rentals as hereinabove described will apply to the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied extent such interruption of utilities is the result of Licensee’s alterations to the Premises and shall contract for all or Capital Improvements, or any negligent act or omission of Licensee, its agents, employees or contractors, or any cause other than the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason negligent or willful act or omission of any failure by Tenant to so contract for ServicesLicensor or its employees, agents or contractors. In the event that any of the Services cannot be separately billed or metered to the PremisesLicensor has advance knowledge of, or if any otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcircumstance.

Utilities. Landlord agrees to provide5.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, at its costbeing electricity, steam, supply water, electricity and telephone sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the service connections into providers. In the Premises; but 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 during the Lease Term and prior to delinquency all charges for waterUtilities serving the Premises directly to the Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, gassuch Utilities to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other services supplied Utilities are provided to or consumed Tenant. Until such Utilities are separately metered, Tenant shall pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing only water and petroleum products may be discharged therein, (ii) only wastewaters generated from Tenant’s operations on the Premises may be discharged therein, (collectively the "Services"iii) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to comply with all applicable laws, rules and regulations regarding the Premises use thereof and shall contract for all the discharge of substances therein, and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the Services in Tenant's name typical daily discharge therein resulting from Landlord’s operation of the Property prior to the Commencement Date. The Commencement Date Landlord shall not be delayed by reason have no obligation to provide telephone service to the Premises or any other utility service of any failure by Tenant to so contract kind except as set forth in this Section. Landlord shall in no event be liable or responsible for Services. In the event that any of the Services cannot be separately billed cessation or metered interruption in, or damage caused by, any utility services provided to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined whether by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor otherwise, unless the cessation or interruption results from Landlord’s intentional misconduct or gross negligence.

Utilities. Landlord agrees 6.1 Sublessee will contract separately and independently with providers to providesupply all electrical, at its costbeating, waterfuel oil, electricity and telephone service connections into alarm services to the Demised Premises; . All costs associated with such services, including, but Tenant shall pay during not limited to fees or expenses related to re-routing utility conduits (including, without limitation, for fuel oil) in order that the Lease Term Demised Premises is suitable for Sublessee’s operation and prior separation of the foregoing utilities 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 delinquency effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all charges costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and the foregoing purposes. For all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities provided to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Demised Premises, or if any of the Services including, but not limited to hot and cold water services and other utilities which are not separately metered as reasonably capable of the Commencement Datesubmetering, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to LandlordSublessor will xxxx Sublessee, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's based on Sublessee’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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises 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 reasonably determined 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 Landlord Sublessor on or before the date in which said payment is due, a service charge of five percent (5%) thereof will be paid by Sublessee 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, Sublessee will be responsible for all costs related to Sublessee’s use of the Extra Power including, without limitation, (i) the initial assessment to determine the extent of the Extra Power available, (ii) Sublessor’s installation of a submetering device and Tenantother modifications necessary to provide for separate metering, (iii) following such fortyexpenses 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-eight up costs, activation fees, maintenance, and usage charges. The work and services performed under this Section 6.2 may be done or overseen by an employee of Sublessor and billed back to Sublessee. Other than the initial assessment referenced in subsection (48i) hour period until such Services are restoredof this Section 6.2, which has already been conducted, all work to be performed related to the Extra Power will not commence without Sublessee’s approval.

Utilities. A. Provided that Tenant is not in Default hereunder, Landlord agrees shall furnish to provide, at its cost, the Premises the following services: water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, natural gas, light, heat, power, electricity, telephone or other communication electrical power and elevator service, janitorial service, trash pick-up, sewer ; heating and all other services supplied to or consumed on air conditioning suitable for the comfortable use and occupation of the Premises (collectively assuming normal office use thereof) during the "Services") and all taxes, levies, fees or surcharges thereforperiod 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 arrange on a monthly basis, as additional rent, pay to Landlord the cost of all such electricity consumed at the Premises as indicated by the submeter. The cost of all other utilities shall be included as Operating Expenses, to the extent applicable and to the extent such services are defined in Operating Expenses. Tenant shall give reasonable notice in making any request for Services utilities required outside of Business Hours, and Landlord shall make commercially reasonable efforts to satisfy Tenant’s request and provide to Tenant, upon Tenant’s request, an estimate of the approximate cost of such requested utilities. Tenant agrees to 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 the calculation of these costs to Tenant within ten (10) days after request by Tenant. B. Tenant shall 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 shall have the right from time to time, using sub-meters or other methods, to measure the consumption of electricity or other utilities upon the Premises. Tenant agrees to pay, as additional rent, promptly on demand any and all costs incurred by Landlord in connection with providing utilities in excess of that which is standard for the Building. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building heating, ventilating and air conditioning systems. No such failure and no interruption of utilities or services from any cause whatsoever shall constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, except as otherwise expressly provided in this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to such failure or interruption. Landlord shall 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 units or equipment due to such use shall be paid by Tenant to Landlord, as additional rent, upon demand by Landlord. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (1) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises (other than a reasonable quantity of ordinary office machinery and lighting), (2) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (3) an electrical load for lighting or power in excess of the 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 shall have the right to 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 rent, within thirty (30) days after written demand by Landlord. D. Tenant agrees it will not, without the written consent of Landlord, use any equipment, apparatus or device in the Premises (including, without limitation, electronic data processing machines, computers or machines using current in excess of 110 volts) that will, individually or in the aggregate, in any way cause the amount of electricity, water or heating, ventilation or air conditioning supplied to the Premises and 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 contract 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 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 Services feeders, risers or electrical installations of the Building. If submetering of electricity in Tenant's name prior 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 Commencement DatePremises. E. In the event any governmental authority having jurisdiction over the Real Property or the Building promulgates or revises any law, ordinance or regulation or building, fire or other code or imposes mandatory or voluntary controls or guidelines on Landlord or the Real Property or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (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 its sole discretion, comply with such Controls or make such alterations to the Real Property or the Building related thereto. The Commencement Date Such compliance and the making of such alterations shall not constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant; provided, however, that Landlord shall not agree to any voluntary Controls without first obtaining Tenant’s consent, which consent 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunreasonably withheld.

Utilities. 3.5.1 Landlord agrees shall have the right from time to providetime to select the company or companies providing electricity, at its costgas, waterfuel, electricity one or more categories of Telecommunication Services and telephone service connections into any other utility services to the Premises; but 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 during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricityTelecommunication Services, telephone sewer, sprinkler charges and other utilities used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on from the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforsimilar charges relating to such utilities. Tenant shall arrange for Services to be supplied 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 contract for all be an Operating Cost under this Lease. 3.5.2 Tenant acknowledges that space on the Building rooftop and in the Building risers, equipment rooms and equipment closets is limited. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the Services in Tenant's name prior future shall be entitled to locate or install Telecommunication Facilities in, on or about the Commencement Date. The Commencement Date 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 reason 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 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 failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered kind to the Premises, unless such interruption in, deprivation of or if reduction of any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained service was caused 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, 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 a any such interruption, deprivation or reduction in utility or building services to the Premises (due to Landlord’s having caused same by its negligence or willful misconduct), Landlord’s sole responsibility and Tenant’s sole remedy shall be limited to an equitable adjustment of Base Rent in proportion to the ratio that the rentable square footage of the Material Portion (hereinafter defined) of the Premises which Tenant does not occupy bears to the entire rentable square footage of the Premises for the period of forty-eight (48) consecutive hours during the Lease Terminterruption, then Tenant's Rent payable hereunder shall be equitably abated depreciation or reduction, retroactive to the extent day on which Tenant delivers written notice to Landlord (a) describing such curtailment interruption, deprivation or suspension reduction, and (b) stating that Tenant is being deprived of Services interferes with Tenant's the reasonable use of, and has ceased to use or occupy, a Material Portion of the Premises (as reasonably determined 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 and Tenanthad no prior knowledge, Landlord will give Tenant at least five (5) following such forty-eight (48) hour period until such Services are restoredBusiness Days’ prior notice if Landlord intends to cause the interruption of any services required to be furnished by the Landlord.

Utilities. Landlord agrees Tenant will pay when due to providethe furnishing parties all fees and costs for utility services furnished to the Premises, including, without limitation, telephone, electricity (including, without limitation, electricity for any heat pump(s) or other portion of the HVAC Systems and Equipment dedicated solely to the Premises), sewer, water and gas (if furnished). If not already present or installed by the utility provider, Landlord, at its cost, waterwill install meters, submeters, intellimeters or the equivalent (collectively, “Submeters”) to measure the electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on at the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange although Landlord will not be required to do so for Services to be supplied to HVAC units that serve both the Premises and shall contract for all other areas of the Services in Project nor for Systems or Equipment installed by Tenant nor for Tenant's name prior ’s use of emergency power or power from backup generators or UPS systems). If a utility or service is not separately metered, submetered, intellimetered or the equivalent and is not payable directly to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by utility provider, Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall will pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate its 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord) of such costs directly to Landlord as additional rent within thirty (30) days after receipt of Landlord’s bills from time to time. Landlord is not responsible for any Liabilities incurred by Tenant or Tenant’s Affiliates nor may Tenant xxxxx rent, terminate this Lease or pursue any other right or remedy against Landlord or Landlord’s Affiliates as a result of any malfunction, failure to restore, interruption or suspension of any utilities, services or associated Systems and TenantEquipment, 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) following such forty-eight 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 (48and if necessary Tenant hereby grants to Landlord) hour period until such Services are restoredthe sole and exclusive right to determine the electricity and other utility provider(s) of the Premises and the rest of the Project. Subject to the foregoing, force majeure, and the performance of repairs and maintenance, Tenant will have the right to access the HVAC Systems and Equipment 24 hours per day, seven days per week during the Lease term.

Utilities. Landlord agrees LESSOR shall provide to providethe 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”). LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at its costLESSEE’s sole cost and expense). Notwithstanding the foregoing, water, electricity and telephone service connections into the Premises; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed electricity used on the Leased Premises. LESSEE shall pay all actual charges, without xxxx-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric xxxx for the Building if not separately metered or if only partially separately metered to the Leased Premises (collectively whichever or both as may be applicable), at the "Services") and all taxes, levies, fees or surcharges thereforreasonable determination of the LESSOR. Tenant LESSOR shall arrange for Services to be supplied determine any such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall contract issue LESSEE a refund or deficiency statement for all that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason its receipt of any failure by Tenant to so contract for Servicessaid invoice. In the event that 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 Services cannot be separately billed or metered to relevant electric bills, and information regarding which spaces in the Premises, or if any of the Services Building are not separately metered as of to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Commencement Date, Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the cost of such Services Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall be an Operating Expense make available overtime heat and Tenant air-conditioning and LESSEE shall pay such cost as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to Landlordincrease by the same percentage amount by which the standard electric rates are increased), as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services billed by LESSOR. LESSEE 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 give LESSOR twenty four (24) hours prior notice of any Services due to any cause whatsoever requirements for specialized overtime heating and air-conditioning. LESSOR shall not affect be liable to LESSEE for any obligation of Tenant hereunderinterruption, and Tenant shall faithfully keep and observe all the termsinterference, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit damage or deduction. The immediately preceding sentence loss to the contrary notwithstanding, Landlord agrees that if Services are curtailed LESSEE’s research or suspended to the Premises experimentation occasioned as a result of any failure in the acts heating, ventilation, air conditioning, or negligence electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct of Landlord for misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a period of forty-eight (48) consecutive hours during municipal permit or which may interfere with any other tenant in the Lease Term, then Tenant's Rent payable hereunder Building shall be equitably abated done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Leased Premises on a 24-hour basis, (as reasonably determined by Landlord b) base Building fire and Tenantlife-safety systems; and (c) following such forty-eight (48) hour period until such Services are restoredjanitorial and cleaning service to common lavatories and common areas.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall contract directly and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on from the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforsimilar charges relating to such utilities. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall If any such service is 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 the cost therefor shall be billed by Landlord to Tenant as a part of the Services are not separately metered as Tenant's share of the Commencement DateOperating Costs, provided that the cost of such Services electric current for lights and convenience outlets shall be an billed by Landlord to Tenant separately from, and in addition to, Operating Expense Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets only shall be $1.00 per square foot. Landlord makes no warranty or representation that such cost will not increase during the Term due to increases in electric rates or electricity consumption, as the case may be. HVAC service shall be provided to 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 after-hours service shall be needed reasonably estimating the number of hours required for such after-hours service. Tenant shall pay for such cost additional HVAC service at Landlord's hourly rate in effect from time to time, the fee schedule initially in effect being attached as Exhibit E, and shall pay all charges therefor when and as billed by Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services . Such charges shall be deemed Additional Rent under 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLease.

Utilities. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord agrees to provideshall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, 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 costsole option, waterelect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be 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 telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gassewage and garbage disposal for the entire building, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on including the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange at its sole cost and expense without any right to offset or claim against Landlord, and subject to all applicable building codes and ordinances and Landlord’s prior written approval as to location and schematic design shall be authorized to have Cable TV service from any locally authorized Cable TV Service Provider for Services to be supplied the Building, installed to the Premises Building and shall contract for all of the Services in Tenant's name prior to the Commencement DatePremises. The Commencement Date Tenant shall not 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 delayed by reason 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 failure by Tenant to so contract for Servicesinstallation costs or fees and any fees in connection with monthly service. In the event that any of the Services cannot Tenant shall be separately billed or metered unable to obtain Cable TV service to the Premisesbuilding, or if any of the Services are not separately metered as of the Commencement Datepursuant to this Pxxxxxxxx 0, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 Xxxxxx subject to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended terms and conditions of Section 41 hereof relating 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's signage and use of the Premises (as 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 determined approved by Landlord Landlord, in a location designated by Landlord, and Tenant) following in no event shall such forty-eight (48) hour period until such Services are restoredantenna 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. 3.5.1 Landlord agrees shall have the right from time to providetime 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. Landlord reserves the right to change electricity providers for the Building at its costany time and to purchase green or renewable energy, provided that the cost of such green or renewable energy as passed through to Tenant shall not be materially greater than the then cost of other sources of energy then available on the market.. With the exception of water, sewer, electricity and telephone service connections into the Premises; but HVAC, Tenant shall contract directly and pay for all utilities used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the 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 (exclusive of any other purposes) shall be Two and 00/100 Dollars ($2.00) per rentable square foot. Landlord makes no warranty or representation that such cost will not increase during the Lease Term due to increases in electric rates and/or electricity consumption, as the case may be, provided that there shall be no 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 delinquency all charges 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for waterAfter-Hours HVAC shall be at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, gashowever 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, light, heat, power, electricity, telephone space heaters or other communication service, janitorial service, trash pickutilities or energy-up, sewer and all other services supplied to or consumed on intensive equipment (“Supplemental Utilities Equipment”) in the Premises (collectively the "Services") and all taxeswithout Landlord’s prior written consent, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date which consent shall not be delayed unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by reason of any failure by Tenant to so contract for ServicesLandlord. 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 Services cannot be separately billed Premises upon the expiration or metered to the Premises, or if any termination of the Services are not separately metered as 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 Commencement Datepage having a heading in at least 12-point type, the cost of such Services shall be an Operating Expense bold and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 hereundercapital 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 faithfully keep have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant agrees that it will maintain and observe 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 reasonable evidence of such 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 the right to inspect, on not less than a monthly basis, the aforementioned Supplemental Utilities Equipment and major components provided Landlord shall use commercially reasonable efforts to minimize Landlord’s interference with Tenant’s business. Tenant shall not permit any Supplemental Utilities Equipment to disturb or interfere with any of the Building’s systems or any other tenant in the Building, and Tenant will remove, at Tenant’s sole cost and expense, any such Supplemental Utilities Equipment at Landlord’s direction in the event of such disturbance or interference. Landlord reserves the right to separately submeter (or cause Tenant to separately submeter) any Supplemental Utilities Equipment, all at Tenant’s sole cost and expense. Notwithstanding anything herein to the termscontrary, conditions and covenants in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstandingparagraph 3.5.5, Landlord agrees may perform such removal at its election, and Tenant shall reimburse Landlord for any costs relating thereto, or in the event that if Services are curtailed or suspended Tenant performs such removal, Tenant shall be responsible to Landlord for any damage caused to the Premises as a result of or Building in connection therewith. 3.5.6 To the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termextent reasonably available to Tenant, then Tenant's Rent payable hereunder Tenant shall be equitably abated required to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as submit to Landlord any electricity consumption data and costs in a format deemed reasonably determined acceptable by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord agrees to provideshall ensure the delivery of and pay the cost of all utilities for the Building, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for waterincluding electricity, gas, light, heat, power, electricity, telephone or other communication servicehot and cold water, janitorial serviceservices, trash pick-uptelephone, sewer cable and all other utility services supplied to installed for the Leased Premises or consumed on the Premises (collectively the "Services") and all taxesoccupants thereof, leviesincluding, without limitation, fees or surcharges thereforand taxes thereon. Tenant Landlord shall arrange additionally provide a generator for Services to be supplied to electricity that automatically provides back-up electric power for the Premises and shall contract for all Building in the event of a failure of the Services applicable utility to do so. (b) Except as otherwise set forth in Tenant's name prior to the Commencement Date. The Commencement Date this Lease, Landlord shall not be delayed by reason liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure by or interruption shall entitle Tenant to so contract for Servicesany abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. In Notwithstanding the event that any foregoing, if (i) an interruption or curtailment, suspension or stoppage of the Services cannot be separately billed or metered electrical service to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Building occurs and continues without restoration for more than twenty-four (24) hours after Landlord shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that have received notice thereof from 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 (ii) as a result of interruption or curtailment, suspension or stoppage of electrical service to the acts Building, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then Tenant may make such reasonable repairs, replacements or alterations to the electrical generator serving the Building and Landlord shall reimburse Tenant for the cost thereof within ten (10) days after receipt of a third party invoice therefor. Landlord shall not be responsible for any cost or expense incurred by Tenant for damage or loss of any biological or medical materials, substances or supplies kept on the Leased Premises, whether resulting from any failure or interruption of any utility or other service being furnished to the Leased Premises, unless any such damage or loss results solely from the gross negligence or willful misconduct of Landlord or Landlord’s agents, invitees, employees or contractors. (c) Landlord shall keep and maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for office and laboratory occupancy, as applicable, between the hours of 8 a.m. to 6 p.m. on weekdays that are not official national or state holidays. Tenant 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 manual override with respect to timing. Landlord agrees that so long as Tenant does not operate its business within the Leased Premises in more than a period of forty-eight (48) consecutive single shift that runs between such times, Tenant shall have the right to override the timing controls during off hours during and on weekends to ensure that the Lease TermLeased Premises are at a commercially reasonable temperature. However, then Tenant's Rent payable hereunder in the event that Tenant shall be equitably abated to maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and Tenant) following such forty-eight (48) hour period until such Services are restoredlaboratory occupancy, as applicable, during off hours and weekends.

Utilities. Landlord a. TENANT shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by TENANT at or upon the Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all permits, licenses or authorizations necessary in connection therewith. Such payments by TENANT shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, plus reasonable capital and administrative recovery costs. If TENANT is allowed by LANDLORD to encroach over areas reserved for installation and operation of utilities, then TENANT shall bear all responsibility for restoration of TENANT’s own property in case of repairs by the LANDLORD or the utility owner. b. The TENANT agrees to provideindemnify and hold LANDLORD harmless, at in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its costsuppliers, waterand LANDLORD further reserves the right to temporarily terminate the supply, electricity or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and telephone service connections into safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the Premises; but Tenant shall pay during full cost and expense associated with the Lease Term and prior upgrade/extension/installation of all such utilities related to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all its use 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 Dateand to comply with all provisions for maintaining such utilities. d. The LANDLORD reserves for itself, and its utility providers, the cost 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 such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 ServicesTENANT. The lack or shortage of any Services due LANDLORD shall take all reasonable care and diligence to any cause whatsoever shall not affect any obligation of Tenant hereunderprotect existing improvements and utilities, 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 avoid to the contrary notwithstandinggreatest extent possible, Landlord agrees that if Services are curtailed any unreasonable interference or suspended interruption 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTENANT’s operations.

Utilities. Landlord agrees shall arrange for the supply of gas and electricity to providethe 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, at its costshall obtain such service in Tenant's name and shall pay the monthly charges therefor, subject to Tenant's right of offset in Paragraph 3.2 hereof. Tenant shall arrange directly for any other 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 telephone service connections into whether or not the Premises; but 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 during the Lease Term all charges and prior to delinquency all special charges for water, gas, lightelectricity and storm and sanitary sewer services, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer waste discharge services and all other services permits as so supplied to the Leased Premises, irrespective of whether or consumed on not the services are maintained in Landlord's or Tenant's name, provided that Tenant shall be required to pay only for the actual cost of such services. Either party hereto, at its sole cost and expense, hereto may cause the Leased Premises (collectively or the "Services") and all taxesBuilding to be separately metered for gas, levieselectricity and/or water, fees or surcharges therefor. in which case Tenant shall arrange for Services any such separately metered service to be supplied to the Premises and shall contract for all of the Services put in Tenant's name prior and shall pay the cost for such service directly to the Commencement Date. The Commencement Date utility provider, in which case Expenses 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, include the cost of any such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service paid directly by 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees In addition to provideall other sums Tenant is required to pay pursuant to this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for and shall pay during the Lease Term and as additional rent prior to delinquency all charges for electricity, telephone, water, gasgas (if any), light, heat, power, electricity, telephone or heat and any other communication service, janitorial service, trash pick-up, sewer and all other services supplied to utilities used or consumed on the Premises (collectively from and after the "Services") and date Tenant first takes possession of the Premises. If the Premises are separately metered by the utility service company Tenant agrees to pay all taxescharges therefor attributable to the Lease term directly to the appropriate utility service company before delinquency, levieswhether the statement or invoice therefor is delivered to Tenant during, fees or surcharges thereforafter expiration of, the Lease term. If the Premises are separately metered by the Landlord, Tenant agrees to pay all charges therefore attributable to the Lease term directly to Landlord before delinquency, whether the statement or invoice therefore is delivered to Tenant during, or after expiration of, the Lease term. Tenant shall arrange for Services pay to Landlord 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 supplied equal to the Premises and shall contract for all of the Services in ratio which Tenant's name prior ’s rentable ground floor area bears to the Commencement Datetotal rentable ground floor area which has the benefit of, or receives, the expense or utility service for which Tenant is being charged. The Commencement Date Nothing contained in this Lease shall not 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 event shall Landlord be delayed by reason responsible for any loss, cost, liability or expense of any failure by person or entity resulting from any interruption of utility services to Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to and/or the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services nor shall rent be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 offset as a result of any such interruption, unless any such utility interruption is due to the acts or Landlord’s gross negligence or willful intentional misconduct of Landlord and continues for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated or more after Tenant provides written notice thereof to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord a. LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or ascribed to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of XXXXXX’s invoice. XXXXXX agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the LESSOR or the utility owner. b. The LESSEE agrees to provideindemnify and hold LESSOR harmless, at in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its costsuppliers, waterand LESSOR further reserves the right to temporarily terminate the supply, electricity or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and telephone service connections into 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; but Tenant , 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 pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term 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 delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract become the owned property of LESSOR. All utility facilities installations shall meet the requirements of Section 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. f. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LESSOR upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLESSOR’S request.

Utilities. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate provider, all charges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Premises and shall contract for all during the Term of the Services in Tenant's name prior this Lease, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If any services or utilities furnished to the Commencement DatePremises are jointly metered with other premises, Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. The Commencement Date shall not be delayed by reason of For any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service furnished to the Premises, or if any of the Services are Premises not separately metered 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 the Commencement Datesuch utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time as Additional Rent for the cost of such Services utility service used by the Premises. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be an Operating Expense and Tenant shall pay such cost to Landlord, as deemed Additional Rent, as provided Rent 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 Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany other causes.

Utilities. SECTION 4.1. The Tenant represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior , pay 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises any and all charges incurred by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of Landlord for 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 ail utilities supplied to the Premises including, without limitation, telephone, electricity, water, heating 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, 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 requirements, whether by reason of any requirement, act or omission of the public utility serving the Premises or for any other reason whatsoever. Notwithstanding the provisions of this Section 4.2, 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 acts Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or negligence private company providing such utility, as the case may be, any amount which has been paid by the Tenant to the Landlord pursuant to the provisions of Section 4.1 hereof. SECTION 4.3. Tenant 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 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 willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during equipment to the Lease Term, then Premises electric distribution system or make any alteration or addition to Tenant's Rent payable hereunder machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined provided by Landlord and Tenantthe cost thereof shall be deemed Additional Rent due hereunder and shall be forthwith paid by Tenant within five (5) following days of Landlord's written demand. SECTION 4.4. If any Taxes are imposed upon Landlord with respect to any utility furnished as a service to Tenant by any Governmental Authority, Tenant agrees that such forty-eight Taxes shall be reimbursed by Tenant to Landlord within five (485) hour period until such Services are restoreddays 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 invoice, statement, bill or similar document issued by the relevant Governmental Authorixx xr Governmental Authorities, as the case may be, with respect to the Taxes for which payment is demanded.

Utilities. Landlord agrees to provideSection 11.1. As Additional Rent and in accordance with Article 2 of this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the Lease Term and prior to delinquency cost of all utility charges for such as water, gas, light, heat, power, electricity, telephone telephone, telex and other electronic communications service, sewer service, waste-pick-up and any other utilities, materials or services furnished directly to the building(s) in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to exactions whether or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefornot hereinafter imposed. Section 11.2. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Landlord shall not be delayed liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord; provided, however, that in the event the Premises should be unsuitable for Tenant’s use for a period exceeding five (5) consecutive business days as a consequence of cessation of utilities required to be provided to 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 so contract for Services. In the event that any extent of the Services cannot be separately billed or metered interference with Tenant’s use of the Premises occasioned thereby if. Section 11.3. Landlord shall furnish to the PremisesPremises between the hours of 8:00 a.m. and 6:00 p.m. (“Building Hours”), or if any Mondays through Fridays (holidays excepted), and subject to the rules and regulations of the Services are not separately metered as Complex hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the normal use of the Commencement DatePremises 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost have the right, upon prior written notice to Landlord, as Additional Rentto 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, as Landlord shall furnish to the 1020 Space such reasonable quantities of utilities outside of Building Hours; provided, however, to the extent that such additional building utilities are provided in Paragraph 12 belowto Tenant outside of Building Hours, except that Tenant's proportionate share of such Services Tenant shall be responsible for the percentage obtained 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 all times it will cooperate fully with Landlord and abide by dividing all regulations and requirements that Landlord may reasonably prescribe for the gross leasable square footage contained proper functioning and protection of the building heating, ventilating and air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the total gross leasable square footage located temperature otherwise maintained by the air-conditioning system, Landlord shall have the right to install supplementary air-conditioning units in all buildings utilizing 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 Servicesexcess use. The lack or shortage cost of any Services due to 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 cause whatsoever actual additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall not affect any obligation of Tenant hereunderbe paid by Tenant, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and agrees to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined therefor promptly upon demand by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into We ll pay for the Premises; but Tenant shall following utilities: You ll pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utilities, related deposits, and any charges, fees, or services supplied to on such utilities. We do not guarantee or consumed on warrant that there will be no interruption of utility service. You shall contact the Premises (collectively utility service provider in the "Services") and all taxesevent of an interruption of service. If your electricity is ever interrupted, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesyou must use only battery-operated lighting. In the event that any certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon execution of this Lease, shall contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the Premises whether occupied or vacant. Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord for utility service xxxxxxxx incurred by Tenant and received by Landlord after Tenant takes possession of the Services canPremises and/or vacates the Premises. Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility service. Landlord/Agent shall not be separately billed liable for any failure, interruption or metered to the Premisesstoppage of gas, or if electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of the Services are not separately metered as of the Commencement Date, the cost of such Services all liability in connection therewith. It shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 a material breach of this Lease and pay all Rentals the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due hereunderto some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, all without diminution, credit or deduction. The immediately preceding sentence Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the contrary notwithstanding, Landlord Premises. Tenant further agrees and acknowledges that if Services are curtailed or suspended to the Premises as a result came with light bulbs and fuses at the commencement of the acts or negligence or willful misconduct of Lease term and Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall not be equitably abated responsible to the extent provide such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreditems to Tenant at any time thereafter.

Utilities. 10.1 Landlord agrees to providecause to be provided such mains, at its costconduits and other facilities necessary to supply electricity, water, electricity sewer, telephone and telephone service connections into gas (if available) to the Premises; but , in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay during the Lease Term and pay, prior to delinquency delinquency, all charges for electricity, water, gassewer, lighttelephone, heatsolid waste and garbage removal, powergas (where applicable), electricityand chilled water service (where applicable) furnished to the Premises, telephone and Landlord may, if it so elects, furnish one or other communication servicemore of such services to Tenant, janitorial serviceand, trash pick-upin such event, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall pay for Services to be supplied such services at the rates actually paid therefor by Landlord to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date applicable public utility provider, provided that such rates shall not exceed the rates which would be delayed charged for the same service if furnished directly by reason of any failure by Tenant to so contract for Servicesthe applicable public utility then furnishing such service. In the event that at any time during the Term, or any extensions and renewals thereof, Tenant shall fail to pay any of the Services canforegoing 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 separately billed liable in the event of any 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 metered 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, if any interruption of utilities or services, which is due to the negligence of Landlord, its agents or employees, 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, and if Tenant does not in fact use or occupy such portion of the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 then 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 rent payable hereunder shall be equitably abated with respect to the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (as reasonably determined by Landlord 1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provideLessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, at its cost, water, electricity Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall have Gas (if available) and telephone Electricity service connections into the Premises; but Tenant shall pay during put in Lessees’ name on or before the Lease Term commencement date and prior to delinquency all charges for water, Lessees shall maintain gas, lightand 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, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied in addition to or consumed 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 (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied 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 for such 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, in addition to payment of the amount owing on the utility bill, a fee of c. The utility 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 Lessor, and Lessees understand that their utility meter may be used for utilities outside of the 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, 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 all of the Services in Tenant's name prior to the Commencement Datesuch service and pay for those services. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract Lessees are responsible for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of any installation or equipment necessary for such Services shall services. Satellite TV dishes are NOT to be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 attached 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use exterior surface of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor upon the Property.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricity, telephone or other communication service, janitorial servicetelephone, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if together with any taxes. If any of the Services those services are not separately metered to Tenant, Tenant will pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other portions of the Premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following Tenant’s receipt of written notice thereof from Landlord, Tenant shall be in default and Landlord may exercise all remedies available to Landlord as provided in Article 12 of this Lease. Landlord agrees to pay for all other standard utilities necessary to operate the Premises, as determined by Landlord in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall have no liability, whatsoever, in the event of any interruption, failure or curtailment of any utilities nor shall such interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Landlord, Tenant shall make no change in the conduct of business in the Premises from the manner of the conduct of business in the Premises as of the Commencement DateEffective Date of this Lease, or install additional equipment not located on the cost Premises as of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordthe Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as Additional Rent, as provided determined by Landlord 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 Landlord’s sole and absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the Premises by as Tenant desires; provided, however, Landlord shall not be liable to Tenant in the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage event of any Services due failure of or damage to such power devices or for any cause whatsoever shall not affect damage or consequences resulting from or in any obligation way related to the use of Tenant hereunder, and such power devices in the Premises. Tenant shall faithfully keep assume all costs associated with installing and observe all using such UPS power devices, including, but not limited to, the terms, conditions and covenants costs of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence any increase in costs to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to utilities serving the Premises as a result resulting from the use and operation 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddevices.

Utilities. Landlord District agrees to providefurnish or cause to be furnished to the Facilities necessary utilities. Utilities include, at its costbut 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, electricity and telephone service connections into or fuel; or (v) any other unavoidable delay, shall not cause the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services District to be supplied to the Premises in default and shall contract for all not result in any liability of the Services in Tenant's name prior to the Commencement DateDistrict. The Commencement Date Charter School shall not be delayed by reason of any failure by Tenant to so contract reimburse the District for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services 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 be an Operating Expense and Tenant endeavor to notify the Charter School of its estimated monthly charge for utilities. The Charter School shall pay such charge to the District throughout the Term on a monthly basis concurrent with the Charter School’s payment of the Facilities Use Fee to the District pursuant to Section 4 of this Agreement. Within one hundred twenty (120) 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 to 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 Servicesthereof. The lack District shall either refund the Charter School for any overpayment or shortage of shall invoice the Charter School for 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 deductionunderpayment. The immediately preceding sentence Charter School shall reimburse the District for such underpayment, if any, within thirty (30) days after receipt of said invoice. The Charter School shall comply with all District energy conservation policies in regard 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (Facilities, as reasonably determined by Landlord amended from time to time, including, but not limited to, Board Policy 3511 and Tenant) following such forty-eight (48) hour period until such Services are restoredthe District’s Energy Education program.

Utilities. Landlord agrees to provide, at its cost, 14.1 Tenant shall obtain all water, electricity electricity, sewerage, gas, telephone and telephone service connections into other utilities directly from the Premises; but public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant's sole cost. Tenant shall pay during the Lease Term all utility deposits and prior to delinquency fees, and all monthly service charges for water, electricity, sewage, gas, light, heat, power, electricity, telephone or and any other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Demised Premises and shall contract for all during the term 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 Servicesthis lease. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services such utilities are not separately metered as of on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant's equitable share of the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordservices, as Additional Rentdetermined 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, as provided in Paragraph 12 below, except that Tenant's proportionate share Tenant and such other tenants shall allocate the cost of such Services utility amongst themselves and shall each be responsible for the percentage obtained by dividing payment of its allocable share. Landlord shall furnish and install all piping, feeders, risers and other connections necessary to bring utilities to the gross leasable square footage contained in perimeter walls of the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesDemised Premises. 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 Anything to the contrary notwithstanding, Landlord agrees that if Services are curtailed Tenant shall remain obligated for the payment of Tenant's pro rata share of any heating costs and/or other utilities or suspended services furnished to the Premises Common Areas pursuant to Section 7.4. 14.2 Tenant shall have the right to 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 a result necessary, by Tenant in its sole expense and shall be surrendered by Tenant to Landlord at the end of the term of this lease together with the Demised Premises. Subject to Section 3.2, Landlord makes no representation or warranty as to the condition or capacity of such equipment. Landlord shall have no obligation whatsoever to provide the Demised Premises with any additional heat, air conditioning, ventilation or hot water. 14.3 Landlord shall not be liable for any interruption whatsoever, nor shall Tenant be entitled to an abatement or reduction of rent on account thereof, in utility services not furnished by Landlord, nor for interruptions in utility services furnished by Landlord which are due to fire, accident, strike, acts of God or negligence or willful misconduct 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 a period of forty-eight more than sixty (4860) consecutive hours during the Lease Termdays, then Tenant's Rent payable hereunder Tenant shall be equitably abated entitled to a proportionate abatement of all rental charges due hereunder, effective on the extent sixtieth day of such curtailment utility service failure. 14.4 Tenant shall not install any equipment which exceeds or suspension of Services interferes with Tenant's use overloads the capacity of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutility facilities serving the Demised Premises.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall arrange and pay during the Lease Term and prior to delinquency for all charges for waterfuel, gas, light, heat, power, electricitywater, telephone sewage, garbage disposal, telephone, and other utility charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, for the Premises during the Term before delinquency (or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed before they can become a lien on the Premises on account of non-payment thereof, if later) but in any event prior to the Expiration Date. Notwithstanding the foregoing, Tenant shall not be in default for failure to pay utility costs until Tenant has received a Minor Default Notice which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease. Landlord's sole remedies shall be at Landlord’s option to impose a Delay Fee, and/or to pay the delinquent utility costs (collectively the "Services") including any interest and penalties), and/or specific performance, and Tenant waives all taxesdefenses, leviesexcept defense of performance, fees or surcharges thereforin any action brought by Landlord to enforce its rights under this Section. Tenant shall arrange promptly reimburse Landlord for Services to be supplied any payments made and costs incurred under this Section, plus a $500 (increasing 10% at the beginning of the 11th 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. Notwithstanding anything to the Premises and shall contract for all of contrary, should any non-payment under this section result in a lien on 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 TermFee Estate, then Tenant's Rent payable hereunder Landlord shall be equitably abated to have the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredremedies provided for Prohibited Liens.

Utilities. Landlord agrees Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to providethe applicable utility company pursuant to such Tenants' Leases, at its costfor which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, water, electricity steam and telephone service connections into electricity) as of the Premises; but Tenant Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, the Seller shall pay during such xxxx on or before the Lease Term and prior to delinquency 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 for water, gas, light, heat, power, electricity, telephone as evidenced by such xxxx or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bills pertaining to the Premises and shall contract for all of the Services in Tenant's name period prior to the Commencement DateClosing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. The Commencement Date Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), 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 Premisesprorated, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 property of such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSeller, and Tenant Buyer 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 deductionremit any such sums to Seller immediately upon receipt thereof. The immediately preceding sentence With respect to the contrary notwithstandingXxxxxx Property, Landlord agrees that 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 Services are curtailed or suspended 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 Premises as a result data communication closets of the acts or negligence or willful misconduct applicable Property and (ii) phone and coaxial wiring in each unit of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated such Property back to the extent central media panel in such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunit.

Utilities. Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord (such approval not to be unreasonably withheld). Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water 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 providepurchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at its cost, water, electricity the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and telephone service connections into metered the same directly to the Premises; , but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay during Landlord for same at the Lease Term same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and prior metered the same directly to delinquency all charges for waterthe Premises, gas, light, heat, power, electricity, telephone or other communication but in no event at a cost which is less than the cost Landlord must pay in providing such service, janitorial 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 pick-upcompactor/trash removal, sewer cleaning, and all other services supplied security, available to or consumed on the Premises (collectively the "Services") and all taxesand, leviesin such event, fees or surcharges thereforTenant shall utilize such services, at Tenant's expense. Tenant shall arrange for Services to be supplied to 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 shall contract for all of the Services in set Tenant's name prior to thermostat at the Commencement Datesame temperature as that thermostat in the mall which is nearest the Premises. The Commencement Date Tenant shall not be delayed 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 reason of any failure by Tenant to so contract for Servicesthe Landlord. In the event that any 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 Services cannot be separately billed service providers available at the Center. In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or metered 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, or if any then Tenant's rent shall be abated after the expiration of the Services are not separately metered as eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the Commencement Dateportion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the cost rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such Services reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be an Operating Expense and payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall pay not be permitted to abatx xxxt as hereinabove otherwise provided if the failure to provide any such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 utilities 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 services to the Premises is as a result of Tenant's failure to pay for the acts same or due to the negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease TermTenant, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment its employees, agents or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcontractors.

Utilities. Landlord Throughout the term of this Lease Tenant agrees to provide, at its cost, water, pay for all water natural gas electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied furnished to or consumed on by Tenant in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied due with respect to the Premises and shall contract for all of the Services in Tenant's name Property prior to the Commencement Date. The Commencement Date Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, Landlord shall not be delayed by reason 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 any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered electric service other utility service furnished to the PremisesPremises is changed, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service is no longer available or suitable for Tenant's proportionate share requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of such Services shall be God the percentage obtained making of necessary repairs or Improvements or by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesany causes beyond Landlord's control. 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 Notwithstanding anything to the contrary notwithstandingset forth in this Section 12, Landlord hereby agrees that if Services are curtailed there is an interruption or suspended 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 a result of the acts or negligence or willful misconduct of Landlord described in, Section 14 hereof) and continues for a period of forty-eight two (482) or more consecutive hours during the Lease Termbusiness days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), then Tenant's Rent payable hereunder 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 equitably abated 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's recovery with regard to the extent such curtailment or suspension of Services interferes with Tenant's Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises (as reasonably determined by Landlord for conducting its business, the rent shall abate only xx xroportion to the part rendered untenantable and Tenant) following such forty-eight (48) hour period until such Services are restorednot so used.

Utilities. Landlord agrees All services, including but not limited to providejanitorial, dumpster, and pest control; and all utilities (including any additional utility services not already provided at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term ), telecommunications and prior to delinquency all charges for waterinternet services, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pickinterior and non-up, sewer and all other services supplied to or consumed on 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 (collectively and trash removal/dumpster services) shall be arranged for and paid directly by the "Services") and all taxes, levies, fees or surcharges thereforTenant when due. Tenant shall arrange for Services to be supplied to the Premises and shall contract is responsible for all deposits and the cost of connection of said utilities serving the Services Premises, including but not limited to panels, meters, and wiring, provided that Landlord represents and warrants that all required meters or submeters for electricity are installed, or will be installed and will be in Tenant's name prior to good working order within thirty (30) days of the Commencement Date. The Commencement Date Utilities that are not separately metered (and shared trash removal/dumpster services) shall not be delayed reasonably allocated by reason Landlord to the Premises based upon usage and paid by the Tenant when billed, at the actual out of pocket cost incurred by Landlord, with no mark-up. Landlord shall maintain the facilities and systems in the Building and Premises in good order, condition, and repair, inclusive of electric power required to service, operate and accommodate the HVAC equipment as well as any failure Alterations or other uses agreed to by Tenant to so contract for Servicesthe parties in writing, excluding any portions of such facilities and systems installed by Tenant, which shall be maintained by Tenant. In the event that Tenant requires any of the Services canadditional utility services not be separately billed or metered specifically set forth in this Section 8(a), including, without limitation, additional amperage to the PremisesBuilding, or Tenant shall be responsible for any and all costs associated with such additional utility services. Furthermore, if there are any additional generator services that Tenant may require as a result of the Services are not separately metered as of the Commencement Dateits Permitted Use, Tenant shall be responsible for any and all actual costs associated with such additional generator services, including, without limitation, the cost of such Services shall be an Operating Expense a new generator, its installation, maintenance, upkeep and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredadditional utility costs.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered (not submetered) to the Premises; but (ii) Tenant shall pay during Landlord for any utilities serving the Lease Term Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and prior 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 delinquency 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, and such failure continues uncured following fifteen (15) days written notice thereof Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered payable to Landlord as Additional Rent 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 the Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 utility supplying electricity 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate provider, all charges for sewer usage or rental, garbage disposal, trash or refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Premises during the Term of this Lease Agreement, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If additional costs are required to separately meter the Premises it will be at Landlord’s sole cost and shall contract for all of the Services in Tenant's name prior expense. If any services or utilities furnished to the Commencement Date. The Commencement Date shall not be delayed by reason Premises are jointly metered with other premises, Landlord will make a commercially reasonable determination 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's ’s proportionate share of such Services Utility Costs and Tenant, within ten (10) business days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be the percentage obtained by dividing the gross leasable square footage contained deemed Additional Rent in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated any other causes not attributable to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees to provide, a. From and after the Ready for Occupancy Date and at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 times during the Lease Term, then Tenant covenants and agrees to pay, prior to delinquency, the costs and charges for all utilities, including but not limited to gas, propane, electricity, water and sewer, telephone, and trash service used and consumed by Tenant's Rent payable hereunder shall be equitably abated , its employees, agents, servants, customers and other invitees in the Premises, and to the extent possible shall contract for the same in its own name and on separate meters. If Tenant fails to pay any such curtailment 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 suspension willful misconduct, and not due to any fault of Services interferes with Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant's , 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 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 reasonably Additional Rent. If any utility cannot be separately metered or separately determined, Tenant agrees to pay its pro rata share thereof which shall be determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreda flow meter to be installed by Landlord.

Utilities. At all times throughout the Lease Term, Landlord agrees will install and maintain or will cause to providebe 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 its costTenant's expense in compliance with all governmental and utility company requirements and plans and specifications which must first be approved in writing by Landlord which approval shall not be unreasonably withheld. Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer scavenger and all other utility services supplied to or consumed on the Premises (collectively the "ServicesUtilities") with respect to the Premises. Landlord shall have the right, but not the obligation, to furnish, and all taxes, levies, fees or surcharges therefor. in such event Tenant shall arrange purchase from Landlord, any such utility services as Landlord desires. If Landlord elects to supply or contract with any other party to supply any such utility services, Tenant shall purchase and pay for Services the same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be supplied reasonably competitive with rates which Tenant would be charged by the utility company which would otherwise furnish such service to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for ServicesPremises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall deliver reasonable advance prior notice of such cessation, to the end that any Tenant shall have a reasonable opportunity to connect (or convert as the case may be) to an alternate utility service. Landlord agrees to cooperate with Tenant with such connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Services cannot be separately billed or metered Premises to the Premises, or if any of the Services are not separately metered as of the Commencement DateTenant, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as only Landlord provided in Paragraph 12 below, except that Tenant's proportionate share of such Services central utility system shall be the percentage obtained by dividing chilled water/hot water service described on Exhibit F hereof provided for purposes of heating, ventilating and air conditioning the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesPremises. The lack or shortage of any Services due to any cause whatsoever Water, electric, telephone cable, sewer and natural gas 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 be available to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48with connections to main lines to be provided by Tenant) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder and shall be equitably abated separately metered to and controlled by Tenant and shall be billed directly to Tenant by the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredapplicable public utility.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered to the Premises; but (ii) Tenant shall pay during Landlord as Additional Rent for any utilities that are separately submetered to the Lease Term Premises based upon Tenant’s submetered usage, as well as for any maintenance and prior 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 delinquency 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to so contract pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and bxxx Tenant for Servicessuch costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, Landlord is hereby authorized to request and obtain, on behalf of Tenant, Tenant’s utility consumption data from the applicable utility provider for informational purposes and to enable Landlord to obtain full building Energy Star scoring for the Building. Landlord shall have the right to shut down the Building systems (including electricity and HVAC systems) for required maintenance and safety inspections, and in cases of emergency; provided however that, except in cases of emergency, Landlord will use commercially reasonable efforts to schedule any shut downs of the Building systems outside Business Hours. Landlord shall not be liable for any interruption in providing any utility that Landlord is obligated to provide under this Lease, unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, and Tenant has ceased using such untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the beneficial use; (ii) results from Landlord’s negligence or willful misconduct; and (iii) extends for a period longer than 7 consecutive days, in which case, Tenant’s obligation to pay Fixed Rent shall be abated with respect to the untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or the applicable portion thereof; or (B) the date on which the service(s) is substantially restored. The rental abatement described above shall be Tenant’s sole remedy in the event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to change the utility providers to the Project at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord reasonably determines that: (i) Tenant exceeds the design conditions for the heating, ventilation, 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 Services canPremises), 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 billed or metered to the PremisesPremises 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 if in any of similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. Landlord shall have the Services are not separately metered as of option to require that the Commencement Date, computer room and/or information technology closet in the cost of such Services Premises shall be an Operating Expense separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such cost submeter. Within 1 month after written request, Tenant shall provide to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Landlord electrical load information reasonably requested by dividing the gross leasable square footage contained Landlord with respect to any computer room and/or information technology closet 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Landlord agrees A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to provideutility providers. Where possible, at its cost, water, electricity utilities shall be separately metered and telephone service connections into the Premises; but Tenant shall pay during such charges directly to the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone respective utility company or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed agency. B. CITY has provided some utility infrastructure on the Premises (collectively the "Services") Airport property and all taxes, levies, fees or surcharges thereforTenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet Tenant’s needs. Tenant shall arrange be responsible for Services to be supplied the construction and expense of all utility improvements and connections on and to the Premises and shall contract for all of except those that already exist on 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 Serviceseffective date. In the event that any installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the contemplated Tenant Improvements, Tenant shall be responsible for the installation of the Services cannot be separately billed fire hydrant and related infrastructure in compliance with all applicable codes. C. Tenant waives any and all claims against CITY for compensation for any and all loss or metered 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 itself and others to existing utility easements over, under or across the Premises, or if any of and to grant necessary utility easements, provided that in the Services are not separately metered as of the Commencement Date, the cost exercise of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes rights causes no interference with Tenant's use of the Premises (except reasonable temporary interference occasioned by installation of facilities associated with such easements, and CITY shall repair any damage to the Premises and improvements thereon caused by CITY as a result of the exercise of such reserved rights. CITY also reserves the right to 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 the Airport or to lessees thereon. When exercising its reserved rights under this paragraph, except in the event of an emergency, CITY shall provide to Tenant reasonable notice of proposed changes and copies of any written plans, shall reasonably determined by Landlord coordinate with Tenant, and shall use best efforts to be the least intrusive to Tenant) following such forty-eight (48) hour period until such Services are restored’s operations as commercially practicable.

Utilities. (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 agrees makes available to providethe Premises and its total connected load will not exceed the maximum load from time to time available to the Premises. Tenant shall 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 any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Tenant, at Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its costlease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and each submeter promptly at the end of each monthly electricity billing period and promptly furnish Landlord with the breakdown (the "Electric Breakdown") of electrical consumption between Tenant and EWI based on such readings. Tenant shall make arrangements with EWI to coordinate the reading of any such main electric meter and any such electric submeter. If, for any reason, Tenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, Tenant shall promptly notify Landlord. Tenant shall pay its share of the electrical charge to Landlord each month upon the later to occur of (i) five (5) days after receipt of a statement for such electric charges or (ii) five (5) days before each related electric bxxx is due and 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, electricity sewer and telephone service connections into the cost of providing heating, ventilating and air-conditioning to the Premises; but . (b) Tenant, in cooperation with EWI, shall read each of the utility meters or 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 reading. Tenant shall pay during the Lease Term and prior to delinquency its share of all charges for watersuch electric, gas, light, heat, power, sewer and water utility charges to Landlord each month at least five days before each related utility bxxx is due and payable. If electricity, telephone water or other communication servicegas consumed by the Premises is not metered or submetered separately from electricity, janitorial servicewater or gas, trash pick-upas the case may be, consumed by the remainder of the Buildings, Tenant shall pay to Landlord, within five (5) days of being billed therefor by Landlord (but, in any event, not sooner than five (5) days before such sums are, in fact, payable to the 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 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 other services supplied to or consumed electric, sewer, water and gas 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 water is consumed in the Premises (collectively for purposes other than ordinary drinking and lavatory purposes or in excessive quantities or if Tenant's heating or cooling requirements are materially greater than the "Services") and all taxesrequirements of other tenants, levies, fees or surcharges therefor. then Tenant shall arrange pay to Landlord, on demand from time to time, charges for Services to such additional water, heating or cooling as Landlord may require. (c) Landlord shall not be liable for any interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and shall contract for all of Landlord reserves the Services in Tenant's name prior right to stop any service or utility to the Commencement Date. The Commencement Date shall not be delayed Premises, when in Landlord's reasonable judgment it is deemed necessary by reason of accident, emergency or repair or otherwise; and no such interruption or stoppage shall be deemed to be an eviction of Tenant or relieve Tenant from any failure obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by Tenant reason of the foregoing, Landlord will use all reasonable efforts to so contract for Servicesrestore the affected service or services as promptly as possible and to minimize, to the extent reasonably possible under the circumstances, any interference, disruption, suspension or interruption of Tenant's use and enjoyment of the Leased Premises by reason thereof. (d) All sums payable under this Section 4.9 shall constitute additional rent. In the event that of nonpayment of any of sums due under this Section 4.9, Landlord shall have all the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered same rights and remedies available as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 case of any Services due to any cause whatsoever shall not affect any obligation nonpayment 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAnnual Rent.

Utilities. Landlord agrees to provide, provide at its cost, cost water, electricity and telephone service connections into the Premises; premises, but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities and services used on or other communication servicefrom the premises, janitorial servicetogether with any taxes, trash pick-uppenalties, surcharges or the like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. Gas and electric service shall be separately metered to the premises and Tenant shall contract directly with the utilities for such services. With respect to water, sewer and any other service not separately metered to the premises, Tenant shall pay a reasonable proportion as determined by Landlord of all charges jointly metered with other premises. Landlord shall in no event be liable for any interruption or failure of utility services supplied to or consumed on the Premises premises. "In the 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 (collectively the "Servicesexcess sewer use") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange also agrees to reimburse Landlord for Services the costs and expenses related to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior excess sewer use, which shall include, but is expressly herein not limited 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost acquiring additional sewer capacity to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlease."

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for, and promptly --------- pay during the Lease Term as and prior to delinquency when due, all charges changes and assessments for waterheat, gas, light, heat, power, electricity, telephone and other utilities used, consumed or other communication service, janitorial service, trash pick-up, sewer and all other services supplied provided to or consumed on the Leased Premises (collectively and shall, at Tenant's sole cost and expense, arrange with the "Services") and all taxesappropriate utility companies for the provision, levies, fees augmentation or surcharges therefor. Tenant shall arrange for Services to be supplied modification of such utilities to the Premises and shall contract for all of the Services in Tenant's name prior Leased Premises. Notwithstanding anything herein to the Commencement Date. The Commencement Date contrary, Landlord shall not be delayed liable in any respect for any damages whatsoever, whether to or with respect to person, property, Tenant's business or otherwise, for interruption in, or stoppage, suspension or curtailment of, any utility service or system (whether caused by or arising out of Landlord's need to make repairs or any other reason whatsoever), nor shall the same _____________________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. (a) constitute a constructive eviction or interference or disturbance with Tenant's use, possession or enjoyment of the Leased Premises, (b) constitute grounds for abatement, reduction or rebate, in whole or in part, of Rent or any failure other sum payable by Tenant to so contract for Serviceshereunder, or (c) release or relieve Tenant of or from any Tenant's obligations hereunder. In the event that landlord shall elect, or be required by governmental authorities, to install in the Leased Premises individual meters or other devices to measure any or all of the Services cannot be separately billed or metered to utilities consumed in the Leased Premises, or if Tenant shall pay to Landlord the charges incurred for such meters and the installation thereof in the Leased Premises. If any of the Services such utilities are not separately metered as of the Commencement Datemeasured, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that within thirty (30) days after Tenant's proportionate receipt of Landlord's written demand therefor, Tenant's allocable 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (utilities as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Except as set forth herein, Landlord agrees shall not be required to providefurnish to Tenant any utility services of any kind, at its cost, such as but not limited to water, electricity and telephone service connections into sewer, hot water, heat, gas, electricity, light, telephone, cable TV or other utilities used, rendered, or supplied, upon or in connection with the Premises; but , including Premises janitorial services. Tenant shall obtain and contract directly with the respective utility provider and pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be utilities separately billed or metered to 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, ifTenant abandons the Premises or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and this Lease is terminated. Tenant shall pay such cost to Landlordas Operating Expenses, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share Share of all utilities servicing the Premises on common meters with other tenants, including but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV. Tenant agrees that Landlord shall not be liable for failure to supply any utility service during any period Landlord is unable to furnish such Services services and Landlord uses reasonable diligence to supply such services, it being understood that Landlord reserves the right to discontinue temporarily such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, or whenever by reason of strikes, lockouts, riots, acts of God or any other happening beyond control of Landlord. Landlord's obligations to furnish services shall be conditioned upon the percentage obtained by dividing availability of adequate sources. Landlord shall have the gross leasable square footage contained in right to enter upon the Premises by at all reasonable times in order to make such repairs, alterations and adjustments as shall be necessary in order to comply with the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage provisions of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereundermandatory or voluntary fuel or energy saving or similar statute, 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 regulation 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredprogram.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to --------- delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-uppickup, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services canare not be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense a common Area Charge and Tenant shall pay such cost to Landlordpay, as Additional Rent, Tenant's proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such Services meter shall be based upon the percentage obtained by dividing square footage of the gross leasable square footage contained area in the Premises by as a percentage of the total square footage of the gross leasable square footage located area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the cost of Tenant's excess use of any or all 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide(a) As used in this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant “Utilities Costs” shall pay during the Lease Term and prior to delinquency mean all actual charges for utilities for the Premises of any kind, including but not limited to water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-uplight, sewer and all electricity, telecommunications and cable service, and costs of heating, ventilation, and other services supplied to or consumed on the Premises (collectively the "Services") utilities, as well as related fees, assessment, and all taxes, levies, fees or surcharges thereforsurcharges. Tenant shall arrange for Services to be supplied to If the Premises and shall contract for all the rest 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 Project are not separately metered as of billed for Utilities Costs by the provider(s) thereof, then beginning on the Commencement Date, except for electricity and water, Lessor shall contract with such service provider(s), and Lessee shall pay as additional rent to Lessor its equitable share of the cost Utility Costs within thirty (30) days of Lessee’s receipt from Lessor of a statement indicating such a payment is due and a copy of the bxxx issued by the provider. The parties acknowledge that only water and electricity are not so separately billed. Lessee shall contract with the service providers directly for Utilities Costs and shall pay all Utilities Costs directly to the various service providers. During any period of time during which Lessee is the only occupant of the Project, Lessee’s equitable share shall of the Utilities Costs shall be one hundred percent (100%); provided, however, (i) prior to Lessor occupying or undertaking any activities not of a de minimis nature on the Project that will result in increases to the Utility Costs above those solely for the use of Lessee, Lessor shall (A) provide prior written notice to Lessee of such Services shall be an Operating Expense occupation or activities and Tenant shall pay (B) transfer the account (or open a new account) for electricity and water so that the account for such cost Utility Costs is in the name of Lessor prior to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share the commencement of such Services shall be occupation or activities, and (ii) that if Lessor’s use of Project other than the percentage obtained by dividing the gross leasable square footage contained Premises results in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage consumption of any Services due to any cause whatsoever shall not affect any obligation utilities substantially or materially in excess 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 Utility Costs incurred by Lessee for 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 Termperiod preceding the Commencement Date (when Lessee owned the Project), then Tenant's Rent payable hereunder Lessor shall be equitably abated bear the Utility Costs attributable to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (excess, as reasonably determined in good faith by Landlord Lessor, which determination shall be conclusive. When Lessee is no longer the only occupant of the Project, the parties will discuss and Tenant) following such forty-eight (48) hour period until such Services are restoredseek to agree whether an alternative mechanism for allocating Utilities Costs is feasible and desirable, which may include, for example, separate metering or monitoring systems, pro rata sharing, or a combination of mechanisms.

Utilities. Landlord (a) Tenant agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, The Building Percentage of all utility expenses for the Building, exclusive of those expenses used by other Tenants or other space within the building, including, without limitation, gas, electric and water charges. If this Lease commences on a day other than the first day of a billing cycle, or ends on a day other than the last day of a billing cycle, Tenant's payment under this Article 7 shall be prorated on a per diem basis. Such amounts due pursuant to this Article 7 shall be paid within ten (10) days after demand by Landlord. Bills from the utility providers shall be sufficient evidence of the amount of utility charges and for calculation of the amounts to be paid. (b) All costs incurred in connection with the hook-up and operation (including the cost of metering devices) for utility consumption in the demised premises shall be borne solely by Tenant. (c) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of utility service is changed or is no longer available or suitable for Tenant's requirements. Utility and utility service, as provided in Paragraph 12 belowused herein, except that shall mean any element affecting the generation, transmission and/or distribution or redistribution of gas, electric or water, including, but not limited to, services which facilitate the distribution of service. (d) Landlord reserves the right to provide electricity to Tenant on a submetering basis, and if Landlord exercises such right, Tenant shall, at Tenant's proportionate share expense, effect all work which is necessary to furnish redistributed electricity to the demised premises on a submetering basis, including, without limitation, the installation of such Services all required wiring and other equipment. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at Landlord's Cost (as hereinafter defined), plus 7% thereof. Where more than one meter measures the service of Tenant in the Building, the KWHR and KW recorded by each meter may be computed and billed separately, in accordance with the rates specified herein. Bills therefor shall be rendered at such times as Landlord may elect and the percentage obtained amount, as computed from a meter or meters and determined by dividing the gross leasable square footage contained Landlord's electrical consultant 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 accordance with this Article, shall be deemed to any cause whatsoever shall not affect any obligation of Tenant hereunderbe, and Tenant be paid as, additional rent. (i) Landlord's Cost for such redistributed electricity shall faithfully keep and observe all be equal to Landlord's Cost Rates (as hereinafter defined) for 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 relevant billing period of forty-eight (48) consecutive hours during the Lease Term, then multiplied by Tenant's Rent payable hereunder electricity consumption (i.e., energy and demand) based on the aforedescribed meter readings as herein provided. Landlord's Cost Rates shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (determined as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.follows:

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but The Tenant shall be solely responsible for and shall promptly pay during the Lease Term and prior to delinquency all charges for waterpublic utilities and/or private services rendered or furnished to the premises during the Term hereof, gasincluding, lightbut not limited to, heat, power, gas and electricity, telephone together with all taxes or other communication service, janitorial service, trash pick-up, sewer charges based upon the use of such utilities. Landlord shall be solely responsible for the performance of any and all repairs to all utility lines, pipes and other services supplied to or consumed on facilities serving the Premises (collectively the "Services") and all taxesBuilding, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed unless such repair was necessitated 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 TermTenant or anyone acting by, then through or under Tenant's Rent payable hereunder . Tenant shall be equitably abated solely responsible for the performance of any and all repairs to all utility lines, pipes and other facilities that exclusively serve the Premises, unless such repair was necessitated by the negligence or misconduct of Landlord or anyone acting by, through or under Landlord. Landlord shall not be liable to Tenant for any interruption of utility services to the extent Premises caused by events beyond Landlord’s reasonable control; provided, however, that Landlord shall be obligated to use reasonable commercial efforts to obtain the resumption of such curtailment utility services as quickly as is reasonably possible (unless such interruption of service was caused by the gross negligence or suspension willful misconduct of Services interferes with Tenant or anyone acting by, through or under Tenant's use ). Except as otherwise expressly provided herein, Landlord shall in no event be liable for the quality, quantity or interference of such services. Tenant shall and hereby agrees to make all appropriate applications and arrangements for utility services required to serve the Premises (directly with those utility companies and authorities providing such utilities to the Building. Tenant shall pay all fees, charges and deposits required by such utility companies and authorities as reasonably determined by Landlord a condition to their providing such utility services to the Premises, excluding any impact, “tap-in”, or “hook-up” fees which shall be the sole responsibility of Landlord. If additional or special utility services or wiring are required for the conduct of Permitted Use within and Tenant) following such forty-eight (48) hour period until such Services are restoredfrom the Premises, Tenant shall be responsible for their installation at its sole cost and expense.

Utilities. As part of the Landlord’s Work, Landlord agrees shall procure and pay the cost of, directly to providethe appropriate utility service supplier, at its costbringing to and the connection to the Leased Premises of all natural gas, heat, light, power, sewer service, telephone, cable, water, electricity refuse disposal and telephone service connections into the Premises; but Tenant shall pay during the Lease Term other utilities and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Leased Premises, or if including without limitation, any of the Services are not separately metered as of connection and servicing fees, permit fees, inspection fees, and fees to reserve utility capacity. From and after the Commencement Date, Tenant shall be responsible for the payment of the cost of of, directly to the appropriate utility service supplier, all monthly service charges for all such Services utilities for such utilities consumed by Tenant during the Lease Term. Landlord shall cause electrical service reasonably sufficient for Tenant to commence Tenant’s Finish Work to be an Operating Expense available to the Leased Premises on or before the Early Access Date and Tenant shall pay such cost to reimburse Landlord, as Additional RentRent hereunder, for the cost of any such electrical service used by Tenant, as provided reasonably determined by Landlord (with due consideration to electrical service that may be utilized by Landlord in Paragraph 12 belowconnection with Landlord’s Work then being completed). It is understood and agreed that, except that Tenant's proportionate share for the foregoing as part of such Services Landlord’s Work and except as otherwise provided herein, Landlord shall be under no obligation to furnish any utilities to the percentage obtained Leased Premises and shall not be liable for any interruption or failure in the supply of any such utilities to the Leased Premises, unless such interruption is caused 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, its employees or agents. Notwithstanding the foregoing, if: (i) such utility service is interrupted because of the acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of Tenant or any of its employees, agents, contractors, invitees, or licensees; (iv) such interruption is not caused by a fire or other casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for a period of forty-eight such interruption shall be as follows: on the twentieth (4820th) consecutive hours during business day following the Lease Termlater to occur of the date the Premises (or material portion thereof) becomes untenantable, then Tenant's the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be equitably abated to on a per diem basis for each day after such twenty (20) business day period based upon the extent such curtailment or suspension of Services interferes with Tenant's use percentage of the Premises (as reasonably determined so rendered untenantable and not used by Landlord Tenant, and such abatement shall continue until the date the Premises become tenantable again. If any equipment installed by Tenant requires additional utility facilities, the costs of installing such additional facilities shall be borne by Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide(a) Tenant shall furnish and pay for, at its costsole cost and expense, all utilities supplied to the Demised Premises (with the exception of water) by any utility company, electricity and telephone service connections into the Premises; whether public or private, including but Tenant shall pay during the Lease Term and prior not limited to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer fuel oil and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicestelephone. In the event that any of Tenant fails to do so, Tenant shall reimburse Landlord for the Services cannot be separately billed or metered utility charges actually incurred by Landlord in providing service to the PremisesDemised Premises prior to the date the accounts have been transferred, without markup or if any administrative fee. Such sums shall be paid by Tenant as additional rent, within thirty (30) days of Landlord's invoice therefor. (b) The parties hereby acknowledge and agree that the Services Demised Premises are not separately metered as of for water. In addition to the Commencement Dateadditional rent payable under Paragraph 47 below, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, as provided in Paragraph 12 belowwithin thirty (30) days of Landlord's invoice therefor, except that Tenant's proportionate share Proportionate Share of such Services Landlord's actual cost, without markup or administrative fees, for water consumed at the Building and/or Real Property, and for sewer charges, 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 permitted use of the Demised Premises as set forth herein. (c) Notwithstanding the provisions of Paragraph 44(a) above, if there shall be a master, submetered oil tank servicing the percentage obtained by dividing Building or the gross leasable square footage contained Demised Premises, oil for heating purposes shall be provided from such master tank and metered in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesDemised Premises. The lack 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 shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderadministrative fees, and Tenant shall faithfully keep and observe all have thirty (30) days to remit from the terms, conditions and covenants date of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionbilling. 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 payable hereunder Said amount shall be equitably abated deemed to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredbe additional rent.

Utilities. Landlord agrees Sublessor shall bring or shall cause utility lines to providebe brought to the boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, at its costas of the date of commencement of Sublessee's activities, sufficient water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other communication servicefacilities by which such utilities are supplied to, janitorial servicedistributed 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, trash pick-upsuch installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date which approval shall not be delayed unreasonably withheld. If such installation is approved by reason Sublessor and if Sublessor agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Sublessor also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that such right does not include the right to run any such lines through, under or over any structure on the Subleased Premises and further provided the Sublessor in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, at its sole discretion, shall have the right from time to time, to alter the method and source of supply of the above enumerated utilities to the Subleased Premises so long as such alteration does not result in an interruption of service during such change and so long as such alteration does not result in an increase in the cost of any failure 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 Tenant Sublessor, public utility or public authority, or any other person, firm or corporation. Sublessor shall have the option to so contract for Services. In the event that supply any of the Services canabove enumerated utilities to the Subleased Premises. If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be separately billed in excess of the public utility rates or metered competitive market rates if available for the same service if applicable to other aviation tenants at the Premises, or if 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 Services are not separately metered as method of the Commencement Date, the cost furnishing of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutilities.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but A. Tenant shall pay be responsible for paying for each of the following utilities which are marked (Tenant shall also initial each such marked utility): Electricity (Tenant Initials: ) Natural Gas (Tenant Initials: ) Water (Tenant Initials: ) Other Public Utilities (trash pickup, etc.) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) B. For each utility so marked above, it shall be responsibility of the Tenant to make the arrangements required to put the account in the Tenant’s name. This means that Tenant must put and keep those utilities in Tenant’s name during the entire term of this Lease. This also means that Tenant must make timely payments for those utilities and not allow any of those utilities to become disconnected or taken out of Xxxxxx’s name. Making timely payments means that the Tenant pays utility bills when they are due. A Tenant fails to make timely payments when he/she pays late, makes delinquent payments, or his/her utility accounts become delinquent, suspended, or disconnected due to late payment Failure to make timely payments for tenant-paid utilities is considered a material violation of the lease and may result in Lease Term termination and prior eviction. Allowing Tenant-paid utilities to delinquency all charges become disconnected or taken out of Tenant’s name is considered a material violation of the lease and may result in Lease termination and eviction. If Tenant fails to pay for waterTenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, gasTenant is then responsible for, lightand shall be charged for, heatthe amount of any such costs. If Tenant fails to pay for Tenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, powerTenant is then responsible for, electricityand shall be charged for, telephone the amount of any such costs plus an administration fee of $50.00 (Fifty Dollars). C. Unless marked above as being the Tenant’s responsibility, Authority shall provide and pay for the following utilities: Water/Other Public Utilities. D. Authority is not responsible for the interruption or other communication service, janitorial service, trash pick-up, sewer and all other failure to provide utility services supplied for any cause beyond its direct control. E. Xxxxxx agrees not to excessively consume or consumed on to waste the Premises (collectively utilities provided by the "Services") and all taxes, levies, fees or surcharges thereforAuthority. Excessive consumption may result in an excess utility charge being assessed to the Tenant. Tenant shall arrange be charged and is obligated to pay for Services excessive use of any Authority provided utility when in Authority’s sole determination, the utility consumption for the leased premises is above normal consumption for similar type properties. This charge does not apply to be supplied utilities paid by the Tenant directly to the Premises and shall contract for all a utility supplier. F. Tenant agrees to comply with any applicable law, regulation, or guideline of any governmental entity regulating utilities or fuels. Xxxxxx also agrees to abide by any local ordinance, policies of the Services in Tenant's name Authority or rules of occupancy restricting or prohibiting the use of space heaters or similar devices. G. Authority will provide a cooking range and refrigerator. Other major electrical appliances, air conditioners, freezers, extra refrigerators, dishwashers and similar devises may be installed and operated only with 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 inspection and written approval of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAuthority.

Utilities. Landlord agrees shall supply the following services to provideassure Tenant’s operations in the Premises 24 hours/day, 365 days/year: A. Electrical: Landlord shall provide 800 amps of 480 volt three phase electrical power for Tenant’s suite (#500). Said power will brought into one of the Project’s electrical rooms, as shown on Exhibit “E”, and it is Tenant’s responsibility and cost to distribute said power from the electrical room to and throughout their suite. Tenant shall obtain its electricity directly from Landlord, which shall be separately metered by a meter installed by Landlord at its cost, waterwith no xxxx up. B. Heat and air conditioning: SEE ARTICLE 27(D) C. Hot and cold water from the regular building outlets for lavatory and restrooms and for drinking purposes. D. Passenger elevator service in common with other tenants to be provided by automatic elevators. Landlord shall have the right to restrict to use of elevators for freight purposes to the freight elevator and to hours to be reasonably determined by Landlord so long as elevator is reasonably available (24 hours/day, electricity 7 days/week), without charge, for Tenant’s construction purposes. Landlord shall have the right to limit the number of elevators to be in operation on Saturdays, Sundays and telephone service connections into holidays. E. Maintenance in good order, condition and repair of the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer parking facilities and all other services supplied driveways leading thereto. Landlord shall keep and maintain the landscaped area and parking facilities in a neat and orderly condition. Landlord reserves the right to or consumed on the Premises (collectively the "Services") and all taxesdesignate areas, leviesin a non-discriminatory manner, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services appurtenant parking facilities where Tenant, its agents, employees and invitees shall park and may exclude Tenant and its agents, employees and invitees from parking in Tenant's name prior to the Commencement Date. The Commencement Date other areas as designated by Landlord; provided, however, Landlord shall not be delayed by reason liable to Tenant for the failure of any tenant or its invitees, employees and invitees from parking in other areas as designated by Landlord; provided, however, Landlord shall not be liable to Tenant for the failure of any tenant or its invitees, employees, agents or customers to abide by Landlord’s designations or restrictions. Tenant is aware that Landlord may be required to so contract designate certain parking stalls due to governmental request or order to accommodate car or van poolers. Landlord acknowledges that Tenant’s operations require 24-hour/day, 7/days/week operation. As a consequence thereof, Landlord shall give to Tenant reasonable advance notice of any planned shut downs of any Building system for Servicesscheduled routine maintenance and/or of repairs, alterations, additions or improvements in or to the Building. In Landlord shall make every effort to minimize inconvenience to Tenant by rescheduling the event times for the performance of such work upon reasonable request of Tenant, provided that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided increase in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained costs incurred 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 payable hereunder such rescheduling shall be equitably abated to the extent such curtailment or suspension paid for by Tenant within thirty (30) days after Tenant’s receipt of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord Landlord’s written statement and Tenant) following such forty-eight (48) hour period until such Services are restoredsupporting documentation.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but a. The Tenant shall pay during the Lease Term any and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone or other communication servicetelecommunication, janitorial servicecable, trash pick-uprubbish removal, sewer recycling, and all other utilities and services supplied to or consumed on serving the Premises (collectively if any). Where such utility services are separately metered for the "Services") and all taxesPremises, levies, fees or surcharges therefor. the Tenant shall arrange for Services utility services directly with the utility service provider. Where such services are not separately metered for all or any portion of the Premises, the Landlord shall xxxx the Tenant on a monthly basis for the Tenant’s pro rata portion of charges for utility services, and the Tenant shall reimburse the Landlord within ten (10) days after receipt of an invoice from the Landlord. The Landlord reserves the right to separately meter any utility services not currently separately metered and thereafter the Tenant shall pay to the Landlord or to the suppliers of such services the charges for such services based upon the Tenant’s usage. b. The Tenant shall be supplied responsible, at its sole cost and expense, to repair, maintain, and replace any utility lines and equipment installed to serve the Premises, including, without limitation, the utility lines installed in the leased strips described in Section 1 above. c. The Tenant shall also, at its sole cost and expense, procure any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance of wires, pipes, conduits, tubes, and other equipment and appliances for use in supplying any such utility or service to the Premises. The Tenant expressly agrees that the Landlord is not, nor shall it be, required to furnish to the Tenant or any other occupant of the Premises during the Term any water, sewer, gas, heat, electricity, light, power, steam, air- conditioning, or any other facilities, equipment, labor, materials, or services of any kind whatsoever. d. The Tenant, at its sole expense, shall provide appropriate containers for rubbish and recycling and shall be responsible for arranging for the collection of rubbish and recyclables from the Premises. The Tenant shall not dispose of any medical wastes at the Premises and shall contract arrange for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason disposal 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 Premisesmedical wastes in accordance with all applicable laws, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 hereunderordinances, 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredregulations.

Utilities. Landlord agrees to provide, at its cost, water, electricity shall supply all ordinary and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for necessary water, gas, lightelectrical, heatand sewage services to Tenant and Tenant shall pay the charges for such services at the same rates charged by the local public utility companies providing such utility, poweror at such discounted rate as may be available to Tenant or Landlord within thirty (30) days of Tenant's receipt of a bill for the same. In addition, electricitysuch services that have not been separately metered (water and sewer) may be separately metered by Landlord and Xxxxxx agrees to pay for such services in accordance with such metering as set forth above. Should Landlord decide to separately meter the Premises, telephone or other communication servicethe installation, janitorial service, trash pick-up, sewer maintenance and/or repair of such meters shall be Landlord's sole responsibility and all other services supplied to or consumed on the Premises (collectively the "Services") at Landlord's sole cost and all taxes, levies, fees or surcharges thereforexpense. Tenant shall arrange may avail itself of other campus services at established third-party rates. The parties acknowledge that Tenant is eligible for Services to be supplied to discounts on such services as set forth under the Premises and shall Excelsior contract for all with New York State. All activities of the Services Tenant involving the facilities and services of SBU will be consistent with applicable policies and guidelines of SBU. Except as otherwise expressly provided in Tenant's name prior to the Commencement Date. The Commencement Date this Lease, Landlord shall not be delayed liable to Tenant for any loss or damage or expense which Tenant may sustain or incur by reason of any failure failure, inadequacy or defect in the character, quantity, quality or supply of electric current furnished to the Premises for any cause beyond Landlord's reasonable control. No diminution or abatement of Rent, Additional Rent, or other compensation shall be or will be claimed by Tenant to so contract for Services. In the event that Tenant, nor shall this Lease or any of the Services cannot obligations of Tenant hereunder be separately billed affected or metered reduced by reason of such interruptions, stoppages or curtailments, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial eviction from the Premises, unless such interruptions, stoppages or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 curtailments have been due to any cause whatsoever shall not affect any obligation the arbitrary, willful or negligent act, or failure to act, of Tenant hereunderLandlord. LONG ISLAND HIGH TECHNOLOGY INCUBATOR, 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 deductionINC. 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.LIHTI1

Utilities. During the Term, Tenant shall promptly pay as billed to Tenant all rents and charges for water and sewer services and all costs and charges for gas, steam, electricity, fuel, light, power, telephone, heat and any other utility or service used or consumed in or servicing the Demised Premises and all other costs and expenses involved in the care, management and use thereof as charged by the applicable utility companies. All such utilities, except for sewer and water, shall be separately metered and billed to Tenant, and Tenant shall establish an account with the utility provider with respect to each such separately metered utility. Sewer and water shall not be separately metered, and shall be billed to Tenant by Landlord, at Landlord's actual cost, as part of Operating Expenses. Tenant's obligation for payment of all utilities shall commence on the earlier of the Lease Commencement Date or the date of Tenant's actual occupancy of all or any portion of the Demised Premises, including any period of occupancy prior to the Lease Commencement Date, regardless of whether or not Tenant conducts business operations during such period of occupancy. In the event Tenant's use of any utility not separately metered is in excess of the average use by other tenants, Landlord agrees shall have the right to provideinstall a meter for such utility, at Tenant's expense, and xxxx Tenant for Tenant's actual use. If Tenant fails to pay any utility bills or charges, Landlord may, at its costoption and upon reasonable notice to Tenant, waterpay the same and in such event, electricity and telephone service connections into the Premises; but amount of such payment, together with interest thereon at the Interest Rate as defined in Section 32 from the date of such payment by Landlord, will be added to Tenant's next payment due as Additional Rent. Notwithstanding anything to the contrary contained in this Lease, if Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on cannot reasonably use the Premises (collectively for the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed Permitted Use solely 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 interruption in utility services to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 Demised Premises as a result of the acts act or negligence of Landlord, its employees, agents or willful misconduct of Landlord contractors (and Tenant does not in fact use the Premises) and such condition exists for a period of forty-eight four (484) consecutive hours during the Lease Termbusiness days, then Tenant's Base Rent payable hereunder shall be equitably abated abated, on a per diem basis, for that portion of the Demised Premises that Tenant is unable to use for the Permitted Use until such service is restored to the extent such curtailment Premises. Tenant shall not, however, be entitled to any abatement of Base Rent if the interruption or suspension abatement in service is the result of Services interferes with Tenant's use any cause whatsoever other than the act or negligence of Landlord, its employees, agents or contractors. By way of example only, there shall be no abatement of Base Rent if Landlord is unable to furnish water to the Demised Premises (as reasonably determined if no water is then being made available to the Building by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe supplying utility company or municipality.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but A. Tenant shall pay during the Lease Term and prior to delinquency pay, when due, all charges for water, gas, light, heat, powersewer, electricity, telephone or service and other communication service, janitorial service, trash pick-up, sewer and all other services utilities supplied to or consumed on the Leased Premises (collectively the "Services"“Utility Charges”). Electric utility charges shall be based upon test meter readings, and water utility charges (including, without limitation, Landlord supplied condenser water) and all taxes, levies, fees or surcharges thereforshall be based upon flow and/or BTU meter readings as provided below. Tenant shall arrange also pay Landlord Tenant’s proportionate share of Utility Charges for Services to be supplied any non-separately metered utilities as reasonably documented by Landlord, calculated by Landlord reasonably consistent with the practices of other first class institutional landlords for calculation of such charges. Notwithstanding anything to the Premises contrary in this Lease, (i) all utility charges to the Retail Area shall be separately metered at Landlord’s sole cost and expense, and no portion of any such charges shall contract be included in the Utility Charges assessed to the Leased Premises, and (ii) if the Building includes facilities such as elevators for access to the retail areas of the Project that are excluded from the calculation of Floor Area for the purposes hereof, all such areas and/or facilities will be separately metered at Landlord’s sole cost and expense. B. Landlord shall install, at Landlord’s expense, a check meter, test meter or other such device(s) that separately measures actual electricity and water usage for and in the Leased Premises. Tenant shall pay Landlord electric and water Utility Charges based upon such readings, plus a reasonable, non-discriminatory service fee for reading Tenant’s check meter, test meter or other such device(s), within ten (10) Business Days after billing, provided such Utility Charges shall be comparable to the rate Tenant would have paid had the relevant utilities been charged directly for the same services by the local utility authority plus a reasonable meter check fee. It is the intent of the parties that Utility Charges shall be separate from and in addition to Tenant’s Share of Operating Costs. C. Notwithstanding the foregoing, Landlord, as part of the Landlord’s Work, shall install, at Tenant’s expense, flow and/or BTU meters that measure Tenant’s use of condenser water from the Condenser Water System, and, in addition to payment of Tenant’s Share of Operating Costs, Tenant shall pay Landlord’s standard, nondiscriminatory metered charge, assessed in the same manner for all tenants of the Services in Tenant's name prior Project that use such Condenser Water System based on metered usage, and consistent with the practices of other first class institutional landlords that xxxx tenants for use of condenser water from shared condenser water systems, for the condenser water delivered to the Commencement Date. The Commencement Date HVAC systems serving the Leased Premises and/or for any other uses of such condenser water approved by Landlord, which charge shall not be delayed include the cost of such condenser water as assessed 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 Datewater utility, the cost of the electricity necessary to produce such Services condenser water and deliver it to the Leased Premises as shown on meters that shall service the Condenser Water System, the cost of the scheduled regular maintenance on the Condenser Water System, and a seven and one-half percent (7.5%) management fee (collectively, the “Metered Charge”). The Metered Charge shall be an Operating Expense billed to Tenant no more frequently than monthly and Tenant shall pay Landlord the Metered Charge within thirty (30) days after receipt of each Landlord invoice therefor, which shall detail and reasonably substantiate any relevant charges. At the time Landlord provides a Reconciliation Statement, Landlord will provide Tenant with a statement of the total amounts billed to Tenant and to other tenants for the Condenser Water System in the aggregate, and total costs to operate the system, including the management fee, for Tenant’s review. In addition, Tenant shall pay Tenant’s Share (as determined in accordance with Section 1.02.O, above) of the cost of repairing and replacing the Condenser Water System and/or components thereof, subject to the same exclusions set forth in Section 6.03.C, above, applicable to Operating Costs but applied to the costs of such cost repairs and/or replacements. D. Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about such consumption that Landlord, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or Lender or prospective Lender under California Public Resources Code §25402.10 or any similar law. Landlord hereby authorizes Tenant to make any disclosures required in connection with foregoing and shall reasonably cooperate with Tenant to provide Tenant with any data required to complete any Data Verification Checklist or other document required to be completed to comply with the foregoing. The foregoing will not in any event be construed to require Tenant to report any data that is generated by any Landlord operated system, such as Additional Rentthe Condenser Water System, as provided in Paragraph 12 below, except or that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained is in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage exclusive control 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord (a) As of the Lease Term Commencement Date, Tenant agrees to provide, at its costdirectly contract for and pay all costs associated with gas, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for watersewer, gaselectricity, light, heat, power, electricitysteam, telephone telephone, cable or other communication service, janitorial service, trash pick-up, sewer communications service and all other services utility or service of every nature and kind used, rendered or supplied to to, upon or consumed on in connection with the Premises throughout the Lease Term and shall indemnify Landlord Indemnitees from and hold Landlord Indemnitees harmless against any claims, liabilities, damages, losses, costs or actual out-of- pocket third party costs and expenses incurred by Landlord Indemnitees, including, without limitation, reasonable attorneys' fees (collectively whether incurred in a third party action or in an action brought by a Landlord Indemnitee against Tenant to enforce its rights under this Section 15.1(a)), in connection therewith. (b) To the "Services") and all taxesextent that Landlord is required to purchase water under the Trigen Agreement, levies, fees or surcharges therefor. Tenant shall arrange reimburse Landlord for Services to be supplied to such expenses at the Premises cost set forth in the Trigen Agreement, and, in any event, even if Landlord is not so obligated but Tenant so elects, Landlord shall purchase heated and shall contract chilled water under the Trigen Agreement 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 use at the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such reimburse Landlord for the cost thereof as set forth in the Trigen Agreement. Landlord (at no cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that unless paid by Tenant's proportionate share of such Services ) shall endeavor to (i) cause the operator under the Trigen Agreement to create a system by which usage shall be accurately measured for each separate building at the percentage obtained by dividing the gross leasable square footage contained in Premises, and (ii) ensure that the Premises are billed in a manner that is no less favorable to Tenant than the billing of any other space covered by the total gross leasable square footage located Trigen Agreement. (c) The Trigen Agreement is set to expire in all buildings utilizing such Servicesaccordance with its terms on June 1, 2016. The lack If the Trigen Agreement is renewed, extended or shortage replaced by a comparable agreement that covers substantially the same properties as are covered by the Trigen Agreement, then Landlord (at no cost to Landlord, unless paid by Tenant) shall endeavor to include the Premises within the properties to be covered thereby so that there is no material disruption or reduction 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 services 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Landlord agrees In addition to providethe Base Rent set forth in Section 3 hereof, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-up, sewer telephone and all other services supplied utilities billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in also pay Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason Share of any failure by Tenant to so contract assessments or charges for Servicesutility or similar purposes included within any tax bill for the Lot on which the Premxxxx are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. In the event For any such utility fees or use charges that any of the Services canare not be separately billed or metered separately to the PremisesTenant, or if any of the Services are not separately metered as of the Commencement Dateincluding without limitation, the cost of such Services shall be an Operating Expense water and refuse pick-up charges, Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 belowwithout prior notice or demand, except that Tenant's proportionate share on the Commencement Date and thereafter on the first (1st) day of such Services shall be each month throughout the percentage obtained by dividing balance of 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 Term of this Lease the amount which is attributable to Tenant's use of the utilities or similar services, as reasonably estimated and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, determined by Landlord agrees that if Services are curtailed or suspended to based upon factors such as size of the Premises as a result and intensity of use of such utilities by Tenant such that Tenant shall pay the acts or negligence or willful misconduct portion of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes charges reasonably consistent with Tenant's use of such utilities and similar services ("Utility Expenses"). If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant's sole expense. In addition, Tenant shall pay to Landlord Tenant's Share of any Common Area utility costs, fees, charges or expenses ("Common Area Utility Costs"). Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (lst) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as reasonably determined specified in Section 6.4 above, to the extent applicable. The amount of Tenant's Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, 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 kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises or Tenant's use and occupancy thereof. Notwithstanding anything to the contrary contained herein, if permitted by applicable Laws, Landlord shall have the right at any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") following such forty-eight other than the company or companies presently providing electricity service for the Building or the Park (48the "Electric Service Provider") hour period until such Services are restoredor continue to contract for service from the Electric Service Provider, at Landlord's sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises.

Utilities. Landlord agrees to provideThe Lessee shall pay for all electricity, at its costgas, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied to or consumed used on the Premises Leased Premises, and at its own expense shall heat the water to meet its hot water requirements. If the Master Lessor shall elect at any time to supply any one or more of said services to the Leased Premises, then the Lessee, upon not less than forty-five (collectively 45) days' written notice from the "Services") Lessor, shall accept and all taxes, levies, fees use such of said services as are tendered by the Master Lessor and pay therefor at the rates which would be charged if the same were purchased by the Lessee from the municipality or surcharges thereforother service corporation which would otherwise supply such service or services. Tenant shall arrange The charges for Services such of said services are to be supplied furnished by the Master Lessor shall be ADDITIONAL RENT due on the first day of the calendar month following the billing thereof to the Premises Lessee, and the Lessor shall contract have the same remedies for all non-payment of said ADDITIONAL RENT as the Services Lessor shall have for the non-payment of other rent; and in Tenant's name prior addition to said remedies, the Lessor, upon not less than three (3) days' notice to the Commencement DateLessee, may discontinue furnishing such of said services as are not paid for, and no such discontinuance shall be deemed an eviction or render the Lessor or Master Lessor liable for damages or relieve the Lessee from its obligations under this Lease. The Commencement Date If the Master Lessor should elect as aforesaid to furnish all or any of said services, then the Lessor shall not be delayed by reason liable to the Lessee in damages or otherwise should the furnishing of any failure by Tenant one or more thereof be interrupted or terminated because of accident, the making of repairs, replacements, improvements, alterations or additions, strikes or other labor difficulties, difficulty in obtaining fuel, electricity or any other supplies or service from the Master Lessor's usual source of supply, or any cause beyond the Master Lessor's or Lessor's reasonable control. Upon not less than forty-five (45) days' written notice to so contract for Services. In the event that Lessee from the Master Lessor or Lessor, the Master Lessor may cease to furnish all or any of the Services cannot be separately billed or metered said services without any responsibility to the Premises, Lessee except to connect the service facilities with such other nearby source of supply as may be available for the service or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredservices so discontinued.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other communication servicesimilar charges for utilities imposed by any governmental entity or utility provider, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforthe like pertaining to Tenant’s use of the Premises. Tenant shall arrange pay its share of all charges for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or jointly metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordutilities based upon consumption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share reasonably determined by Landlord. No interruption or failure of such Services utilities shall be the percentage obtained by dividing the gross leasable square footage contained result 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 termination of this Lease and pay all Rentals or the abatement of rent; provided, however, if the failure of such utilities is 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 any Landlord for a period of forty-eight (48) consecutive hours during the Lease TermParties, then Tenant's Rent payable hereunder Tenant shall be equitably abated entitled to the extent an equitable abatement of rent if such curtailment or suspension utilities are not restored within two (2) business days and further, if such utilities are not restored within one hundred eighty (180) days, then Tenant may, at its election, and provided such failure of Services interferes with utilities is materially adverse to Tenant's use and operation of the Premises Premises, terminate the Lease upon thirty (30) days' notice, which termination may be negated by Landlord if such utilities are restored in such thirty (30) day period. Notwithstanding the foregoing, during the period, if any, between the transfer of Building utilities to Tenant and the entering into of the Shared Services Agreement (as hereinafter defined), if Other Tenant (as hereinafter defined) fails or refuses to reimburse Tenant for its proportionate share of the costs of utilities that it uses, then Landlord shall reimburse Tenant for Other Tenant’s proportionate share of the cost of such utilities, as reasonably determined by Landlord and TenantTenant acting in good faith. (b) following such forty-eight Tenant shall be responsible for (48i) hour period until such Services are restoredall janitorial services used on or for the Premises, and (ii) storage and removal of its trash, refuse and garbage. Tenant shall contract directly with the providers of janitorial and trash removal services. (c) Notwithstanding the foregoing, this Section 8 shall be subject to Section 44 hereof.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency place all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services required utilities in Tenant's name with the appropriate utility company prior to move in. Further, Tenant shall return the Commencement DateUtility Confirmation Worksheet (attached hereto) to Landlord prior to Landlord releasing delivery of keys. The Commencement Date Tenant shall be responsible for payment of all of the following utilities unless the space adjacent to the specific utility is checked evidencing the Landlord's agreement to pay for the same: water sewer electric gas trash. Tenant shall not allow utilities, other than cable TV, to be delayed disconnected by reason any means (including non-payment of xxxx) until the end of the Term. Tenant agrees to reimburse Landlord for any failure utility bills paid by Landlord during Tenant’s responsibility under the Lease including pro-rated utilities for common area facilities if applicable. Utilities shall be used only for normal household purposes and not wasted. Failure to pay utilities or properly place utilities into Tenant’s name, or disconnection of the electric or gas service due to non-payment by Tenant to so contract for Servicesmore than five (5) days shall be considered material non-compliance under this Lease. In the event of a disconnect that ultimately requires a site visit by Landlord or Landlords contractors; Tenant shall be responsible for a reconnection fee. Tenant acknowledges and agrees that final water/sewer charges shall be deducted from the Deposit, if not paid prior to move out by Tenant. Tenant is responsible for Rent for the full period of time that Tenant is living in, occupying, or responsible for payment of Rent or utility charges hereunder during the Term, whichever period is longer. If Tenant breaches the Lease, Tenant will be responsible for utility charges for the time period Tenant is obligated to pay the charges under the Lease. In the event Tenant fails to timely establish utility services, Landlord may charge Tenant for any of the Services cannot be separately utility service billed or metered to Landlord for the Premises, or if any of including an administration fee for billing the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 utility service in the Premises by the total gross leasable square footage located amount of $50.00 per utility service. Tenant forever releases and holds Landlord harmless, and waives any claims for offset or Rent reduction, resulting from or related in all buildings utilizing such Services. The lack or shortage of any Services due way to any cause whatsoever shall not affect any obligation of losses and damages 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 incurs as a result of outages, interruptions, or fluctuations in utility services provided to the acts Premises unless such loss or damage is the direct result of negligence by Landlord or willful misconduct Landlord's employees. Tenant agrees not to tamper with, adjust, or disconnect any sub-metering system or device. Violation of this provision is a material breach of the Lease and may subject Tenant to eviction or other remedies available to Landlord under the Lease. Notwithstanding the other provisions in this lease above, water/sewer, electric and gas service for the unit may be measured by a meter provided by the Landlord or utility provider. Tenant agrees to pay Landlord for a period of forty-eight (48) consecutive hours during the Lease Termwater, then Tenant's Rent payable hereunder shall be equitably abated sewer, storm water, municipal fixed water/sewer, gas, electric charges and other related charges to the extent such curtailment or suspension of Services interferes with Tenant's use leased Premises under the Lease. Water, sewer, storm water, municipal fixed water/sewer, gas, electric, and other related charges will be calculated on the basis of the Premises effective rate structure of the utility providing service to the Landlord. Additionally, there will be a modest service charge included in the amount to compensate Guardian Water & Power (as reasonably determined by or Landlord designated metering company) and Tenant) following such forty-eight (48) hour period until such Services are restoredfor its meter reading and billing costs.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but A. Tenant shall be solely responsible for and promptly pay during the Lease Term and prior to delinquency all charges for heat, water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-upelectric, sewer service and all any other services supplied to utility service used or consumed on the Leased Premises. For all utility services used or consumed on the Leased Premises (collectively which are included in utility services to an area larger than the "Services") and all taxesLeased Premises, levies, fees or surcharges therefor. Tenant shall arrange pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Pro Rata Share of the estimated costs for Services said twelve (12) month period, divided by 12. The estimated initial monthly costs are $n/a for water and $n/a for Public Service. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Pro Rata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. For all utility services used or consumed on the Leased Premises in which the utility service is used solely on the Leased Premises, the Tenant 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 Premises Leased Premises, the Landlord shall bill xxx Tenant therefore and the Tenant shall contract promptly reimburse the Landlord therefore. In no event shall Landlord be liable for all any interruption or failure in the supply of any such utility to the Leased Premises, unless caused by the negligence or intentional acts 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 ServicesLandlord. In the event that any of the Services cannot be separately billed or metered utility company supplying water and/or sewer to the PremisesLeased Premises determines that an additional service fee, impact fee, and/or assessment, or if any other type of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payment or shortage of any Services penalty is necessary 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use and occupancy of the Premises (as reasonably determined Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by Landlord the Tenant. Said expense shall be paid promptly and Tenant) following such forty-eight (48) hour period until such Services are restoredany repairs requested by the utility company shall be performed by Tenant immediately and without any delay.

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity pay as and telephone service connections into when the Premises; but Tenant shall pay same become due and payable during the Lease Term Term, all water rents, rates and prior charges, all sewer rents and all similar charges assessed or charged to delinquency the Premises during the Term, all charges for waterelectricity, gas, light, heat, powersteam, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer hot water and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Premises during the Term, together with the cost of repair, maintenance, replacement and shall contract for reading of all of the Services in meters measuring Tenant's name use or consumption thereof, whether supplied by Landlord or by a public or private utility company. The costs for any usage of such utilities by Tenant prior to the Commencement Date. The Commencement Date shall be pro rated based on estimated usages, in such manner as the parties reasonably may agree upon. It is acknowledged that Landlord does not have any obligation to provide any of such utility services and in no event shall Landlord be delayed by reason responsible or liable for the failure of Tenant to receive or for fluctuations in the supply of any utility service, nor shall Tenant be entitled to any cessation, abatement, reduction or other offset of Rental in the event of any failure to receive any utility service unless due to or caused by the act or omission of Landlord, in which case the Fixed Rent and Additional Rental shall equitably abate to the extent and for the pexxxx during which the Premises are rendered untenantable. If Landlord shall have caused the failure to receive any utility service, to the extent Tenant to so contract for Services. In the event that any receives insurance proceeds on account of the Services cannot be separately billed or metered to the PremisesRental, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 denial of any such service, Tenant agrees to credit such proceeds against the abatement provided for herein but this provision shall only be applicable to the acts or negligence or willful misconduct omissions of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termand its agents, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment contractors or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredsubcontractors.

Utilities. Landlord agrees to provideshall furnish the Premises with electricity at all times and heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and 1:00 p.m. Saturday of each week during the Term (legal holidays excepted). Such of the foregoing services as Tenant may desire at other times shall be supplied by Landlord, upon reasonable prior notice, at its cost, water, electricity and telephone service connections into such rates as Landlord shall establish from time to time for office tenants of the Premises; but Building. If Tenant shall pay during the Lease Term and prior require electricity or install electrical equipment, including, but not limited to delinquency all charges for waterelectrical heating, gasrefrigeration equipment, lightelectronic data processing machines, heatcomputers (other than personal computers or word processors), power, electricity, telephone or other communication servicemachines or equipment which will in any way increase the amount of the electricity usually furnished for use as general office space, janitorial service, trash pick-up, sewer and all other services supplied or if Tenant shall attempt to or consumed on use the Premises in such a manner that the services to be furnished by Landlord would be required during a period other than or in addition to the business hours referred to above, Tenant will obtain prior written approval therefor from Landlord (collectively and Landlord may require the "Services"installation of a separate sub-meter) and all taxeswill pay for the resulting additional direct expense, leviesincluding the expenses resulting from the installation of such equipment and meters and from any modifications to the electrical system of the Building which Landlord deems necessary, fees as additional rent promptly upon being billed therefor. Landlord shall provide water from City of Indianapolis mains for drinking, lavatory and toilet purposes drawn through fixtures installed by the Landlord, or surcharges thereforby the Tenant with Landlord's written consent, from regular Building supply at the prevailing temperature. Tenant shall arrange for Services to be supplied not waste or permit the waste of water. Landlord shall further provide adequate operatorless passenger elevator service at all times and freight elevator service subject to the Premises and scheduling by Landlord. Landlord shall contract for all of the Services in replace, at Tenant's name prior to the Commencement Dateexpense, all light bulbs, tubes and ballasts. The Commencement Date shall Landlord does not be delayed by reason of any failure by Tenant to so contract for Services. In the event warrant that any of the Services cannot services referred to above or any other services which Landlord may supply will be separately billed free from interruption. Tenant acknowledges that any one or metered more of such services may be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by reason of causes beyond the reasonable control of Landlord and any such interruption of service shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damage by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, however, if such services are interrupted for thirty (30) consecutive days and Tenant is unable to conduct business from the Premises, or if any minimum rent shall abate until the servicx xx restored. Landlord agrees to use reasonable care and to exercise due diligence with respect to avoiding interruption of the Services services above provided for and, if interrupted, agrees that it will be for as short a period as possible, and all repairs will be promptly and diligently made at such times as will not unduly interfere with the occupancy and use of the Premises by Tenant. If at any time during the Term utility services supplied to the Property are not separately metered as of for the Commencement DatePremises, the cost of such Services separately metered utility service shall be an Operating Expense and paid by Tenant shall pay promptly upon being billed therefor, whether such cost billing be by Landlord or the utility company. The charge to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services Tenant by Landlord for electricity consumption shall be the percentage obtained same retail rate which would be payable if Tenant purchased electricity directly from the utility company, including applicable taxes and fuel adjustment charges. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by dividing law. Landlord reserves the gross leasable square footage contained right to prescribe in a reasonable manner the weight and position of all safes and heavy installations which Tenant wishes to place in the Premises so as to properly distribute the weight thereof. Any cost of structural analysis shall be borne by Tenant. Business machines and mechanical equipment belonging to Tenant which cause unreasonable noise or vibration that may be transmitted to the total gross leasable square footage located in all buildings utilizing such Services. The lack structure of the Building or shortage of any Services due to any cause whatsoever leased space to such a degree as to be objectionable to Landlord or to any tenants in the Building shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such unreasonable noise or vibration. All charges for any services shall be deemed rent reserved under this Lease and shall be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within ten (10) days after such billing. In the event Tenant shall fail to make payment for such services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of rent and without notice to Tenant, discontinue any and all such services, and such discontinuance shall not affect be held or pleaded as an eviction or as a disturbance in any obligation manner whatsoever of Tenant's possession, or relieve Tenant hereunderfrom the payment of rent when due, and Tenant shall faithfully keep and observe all the terms, conditions and covenants or vary or change any other provision of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, render Landlord agrees that if Services are curtailed or suspended to the Premises as a result liable for damages 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany kind whatsoever.

Utilities. Landlord agrees to provideA. If applicable, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency pay, when due, all charges for water, gas, light, heat, powersewer, electricity, telephone or service and other communication service, janitorial service, trash pick-up, sewer and all other services utilities supplied to or consumed on the Leased Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor“Utility Charges”). Electric utility charges shall be based upon submeter readings. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall also pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's Landlord Xxxxxx’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 Utility Charges for any non-separately metered 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 fortysub-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (metered utilities as reasonably determined by Landlord, calculated by Landlord reasonably consistent with the practices of other first class institutional landlords for calculation of such charges. B. Landlord shall install, at Xxxxxxxx’s expense, a device to measure electricity usage for and in the Leased Premises. Tenant shall pay Landlord electricity charges based upon such readings, plus a reasonable, non-discriminatory service fee of $9.95 per month (which amount may be adjusted to reflect actual increases in such charges) for reading such device(s), within thirty (30) days after billing. It is the intent of the parties that Utility Charges shall be separate from and in addition to Tenant’s Share of Operating Costs. C. Tenant shall cooperate with Landlord’s compliance with all disclosures and information related to energy disclosures required by applicable Laws with respect to the Leased Premises, including, without limitation, those codified and implemented in the California Public Resources Code and California Public Utilities Code, and associated regulations, or under any similar law, statute, regulation or ordinance (collectively the “Energy Benchmarking Laws”). Without limiting the foregoing, pursuant to Section 1682(b)(4)(A)(i) following of the California Code of Regulations, Tenant hereby grants permission to any energy provider to provide Tenant’s applicable energy usage data to Landlord. Notwithstanding anything to the contrary contained in this Lease, Xxxxxx acknowledges and agrees that Landlord shall have the right to disclose the foregoing consent to any energy provider(s) as may be necessary for Landlord to comply with the Energy Benchmarking Laws. Tenant further acknowledges that such forty-eight (48) hour period until such Services are restoredinformation may be submitted by Landlord to the California Energy Commission or other public agency or entity, as required by Energy Benchmarking Laws in effect from time to time.

Utilities. Landlord agrees Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to providethe Base Rent set forth in Section 3 hereof, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-up, sewer telephone and all other services supplied utilities billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange also pay Tenant's Share of any assessments or charges for Services to be supplied to utility or similar purposes included within any tax xxxx for the Lot on which the Premises and shall contract for all are situated, including, without limitation, entitlement fees related to Tenant's particular use of the Services in Tenant's name prior to the Commencement DatePremises, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. The Commencement Date shall For any such utility fees or use charges that are 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 separately to the PremisesTenant, or if any of the Services are not separately metered as of the Commencement Dateincluding without limitation, the cost of such Services shall be an Operating Expense water and refuse pick up charges, Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 belowwithout prior notice or demand, except that Tenant's proportionate share on the Commencement Date and thereafter on the first (1st) day of such Services shall be each month throughout the percentage obtained by dividing balance of 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 Term of this Lease the amount which is attributable to Tenant's use of the utilities or similar services, as reasonably estimated and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, determined by Landlord agrees that if Services are curtailed or suspended to based upon factors such as size of the Premises as a result and intensity of use of such utilities by Tenant such that Tenant shall pay the acts or negligence or willful misconduct portion of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes charges reasonably consistent with Tenant's use of such utilities and similar services ("Utility Expenses"). If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant's sole expense. In addition, Tenant shall pay to Landlord Tenant's Share of any Common Area utility costs, fees, charges or expenses ("Common Area Utility Costs"). Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as reasonably determined specified in Section 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 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 kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant's use and occupancy thereof. Notwithstanding anything to the contrary contained herein, if permitted by applicable Laws, Landlord shall have the right at any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") following such forty-eight other than the company or companies presently providing electricity service for the Building or the Park (48the "Electric Service Provider") hour period until such Services are restoredor continue to contract for service from the Electric Service Provider, at Landlord's sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises.

Utilities. 12.1 Landlord agrees to providecause to be provided and maintained the necessary mains, at its cost, conduits and other facilities necessary to supply water, electricity and electricity, gas (if applicable), telephone service connections into and sewerage service to the Building, subject to any special provisions contained in Exhibit B. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Premises; but . To the extent not present at the Building, Tenant shall at Tenant’s sole cost and expense make application and arrange for the installation of all such meters or other devices. 12.2 Tenant shall promptly pay during the Lease Term and prior to delinquency all charges for electricity, water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer sewerage service and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities furnished to the Premises and shall contract promptly pay any maintenance charges therefor. 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 shall not exceed the rates which would be charged for all of the Services in Tenant's name prior same services if furnished directly by the local public utility companies. Landlord may at any time discontinue furnishing any such service without obligation to Tenant other than to connect the Premises to the Commencement Date. The Commencement Date public utility, if any, furnishing such service. 12.3 Landlord shall not be delayed by reason of liable for any interruption or failure by Tenant to so contract for Servicesin utility services. In Notwithstanding the foregoing, in the event that any interruption or discontinuance of utility service within the Services cannot be separately billed or metered reasonable control of Landlord (i) continues beyond five (5) business days after the date of delivery of written notice from Tenant to the Landlord, and (ii) materially and adversely affects Tenant’s ability to conduct business in Premises, or if any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) business day after delivery of the Services are not separately metered said notice and continuing for so long as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost remains unable to 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 conduct its business in the Premises by or such portion thereof. To 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 notwithstandingextent within Landlord’s reasonable control, Landlord agrees that if Services are curtailed to use reasonable efforts to restore such interrupted or suspended to discontinued service as soon as reasonably practicable, Tenant shall not install any equipment which exceeds or overloads the Premises as a result capacity of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during utility facilities serving the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Paragraphs 5(a)(4), 5 (D) and 11(A) of the Lease shall be amended as follows: (a) Tenant has the right to utilize certain of the Demised Premises for a television terminal room where there are located screens and terminals. It is agreed that the Landlord agrees shall install a re-registering meter for the electricity to providethis location and shall collect from the Tenant charges for electricity used in the television terminal area. The installation of the re-registering meters shall be at Tenant's expense. If Tenant's usage of electricity in areas of the Demised Premises other than the television terminal area exceeds by reasonable comparison, on a square foot basis, other building tenants' electricity usage, then Landlord, at Tenant's expense, shall have the option to separately meter Tenant's space for electrical usage and charge Tenant for the additional amount of electricity used in such areas. (b) Tenant intends on utilizing the HVAC system on an overtime basis and in some locations of the Demised Premises, on a 24-hour basis. The parties agree that Landlord shall have the right, at its costoption, waterto install a re-registering meter for such overtime HVAC, electricity and telephone service connections into the Premises; but at Tenant's expense, as well as to charge Tenant shall pay during the Lease Term and prior to delinquency all charges its pro rata portion for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises any additional equipment that may be required by Landlord in providing such overtime HVAC. (collectively the "Services"c) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all In calculating overall Operating Expenses described in Paragraph 5(A)(4) of the Services in Lease, Tenant's name prior pro rata share of Operating Expenses associated with electricity shall be reduced to reflect the Commencement Dateproportion of space that is separately metered. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any Only square footage of the Services cannot be separately billed or metered to the Premises, or if any of the Services are Demised Premises that is not separately metered as shall be used in calculating Operating Expenses associated with electricity. (d) Upon reasonable notice (except in cases of emergency, in which no notice shall be required) Landlord and its agents shall be permitted reasonable access to the Demised Premises and the right to install facilities within or thorugh the Demised Premises in order to install and service the systems deemed necessary by Landlord for Tenant or to provide to other tenants of the Commencement Date, Building the cost of such Services shall be an Operating Expense service and Tenant shall pay such cost utilities referred to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredsection.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall timely pay during the Lease Term cost (including related taxes and prior to delinquency charges) of all charges for utility services (including without limitation water, gas, lightpropane, heat, powerdiesel, electricity, telephone sewer, waste, telecommunications and data) used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied provided to the Premises and shall contract for all Tenant’s Share of the Services cost of such utility services used on or provided to the Common Areas, which if not charged directly to Tenant or paid by Tenant will be included in Operating Expenses. Tenant shall obtain utility services for the Premises in Tenant's ’s own name prior and timely pay for the costs therefor directly to the Commencement Daterespective utility provider, except to the extent Landlord elects to obtain any such utility service in Landlord’s own name and charge to Tenant directly. The Commencement Date Notwithstanding the foregoing, Tenant may select its own telecommunications or data service and will pay the cost therefor, and Landlord will not be responsible for providing any such service connections to the Building. Landlord can procure utility services for multiple tenants and charge to them based on Landlord’s reasonable estimates of usage or square footage leased. Landlord may elect to install one or more sub-meters for one or more premises (which, if installed at the Premises, shall be at Tenant’s expense) in which event Landlord will bill each tenant whose premises is sub- metered according to that tenant’s actual usage. Landlord shall not be delayed by reason responsible or liable for any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of any failure by this Lease, constitute an eviction, give rise to an abatement or relieve Tenant to so contract for Servicesfrom full performance of Tenant’s obligations under this Lease. In Notwithstanding the foregoing, in the event that any interruption or discontinuance of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained utilities which was caused 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) or its employees continues beyond 5 consecutive hours during the Lease Term, then business days and materially and adversely affects Tenant's Rent payable hereunder shall be equitably abated ability to conduct business in the extent Premises, and on account of such curtailment interruption or suspension of Services interferes with Tenant's use of discontinuance, Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall xxxxx thereafter (as reasonably determined by to the Premises or as to such material portion thereof, as the case may be) and for the duration of such interruption or discontinuance. Landlord shall have the exclusive right to select, and Tenant) following to change, the companies providing such forty-eight utilities or services to the Project, Building or the Premises. Upon written request no more often than once a quarter, Tenant shall provide to Landlord reasonable utility consumption data and other related information (48) hour period until such Services are restoredor, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain the same from the applicable provider). Tenant shall cooperate with Landlord to conduct ASHRAE energy audits of the Building and Project. Tenant will follow service contract as provided in Exhibit “E”.

Utilities. Landlord agrees to provideEach Tenant will pay equal portion of all utility charges. For those utilities the cost of which is the Tenant's responsibility, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall will promptly pay during the Lease Term and prior to delinquency all charges for watertheir use or consumption at the Premises, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and together with all taxes, levies or other charges on such utilities. If Tenant shall fail to promptly pay, when due, any such charges, taxes or levies, fees the Landlord at its option may pay same or surcharges thereforTenant's account. In such case, Tenant shall arrange for Services to be supplied to the Premises immediately (within 7 days), as additional rent reimburse Landlord therefore with interest. TENANTS will have electricity and shall contract for all of the Services gas if applicable, placed in Tenant's name prior within 48 HOURS OF START OF LEASE. Water/Sewer bills will be sent to Tenant and paid in the same manner as rent by the DUE DATE. Should "Late Notice" be received by Landlord, a penalty of $10.00 shall be assessed Tenants. Houses equipped with private septic and well water will be assessed a flat charge of One Hundred Twenty-Five Dollars ($125.00) per quarter for water and sewer usage. If metering is available on houses equipped with well water, water/sewer may be billed at the appropriate city/county rates based on metered readings. Toilet paper and human waste shall be the only items disposed into private septic systems. Damage and repairs to septic systems due to the Commencement Datedisposal of items beyond the scope above will be at the tenant’s expense. The Commencement Date Landlord at his option may pay the xxxx and all fees in arrears and this amount paid shall not be delayed by reason of any failure by additional rent due from the Tenant to so contract for Servicesthe Landlord, immediately upon the Landlord's payment. In such case, the event that any Landlord shall have the right to file summary ejectment for non-payment of rent in the Rent Court Division of the Services canDistrict Court of Maryland AND THE TENANT SHALL BE SUBJECT TO EVICTION FOR NON-PAYMENT OF WATER AND SEWER CHARGE, IN THE SAME MANNER OF ALL OTHER RENT. If the Premises are oil heated, Tenant agrees to buy heating oil for heat and not be separately billed to use lower grade heating oil which may clog the feed lines, burner or metered furnace. Tenant also agrees to the Premises, or if any automatic fill-up oil agreement with chosen oil company and will submit documentation of the Services are not separately metered that agreement to Landlord with ONE MONTH of occupancy. Tenant agrees to pay as of the Commencement Date, additional rent the cost of such Services shall be an Operating Expense priming the burner if the tank runs dry and the cost of repairs due to the use of lower grade heating oil by Tenant. Initial by Tenant(s): Tenant agrees to keep the Premises heated to a minimum temperature of 60*F during cold weather by using the heating equipment on or at the Premises and not by using the stove, other appliances, or kerosene space heaters. Tenant shall pay reimburse Landlord for all costs incurred by Landlord in repairing or replacing frozen pipes serving Premises if such cost to Landlordfreezing is the fault of Tenant, 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 family, employees, agents 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredguest.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other communication servicesimilar charges for utilities imposed by any governmental entity or utility provider, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforthe like pertaining to Tenant’s use of the Premises. Except as may be expressly set forth in Addendum 6 (Miscellaneous Demising Wall Provisions), Landlord may cause at Tenant’s expense any water and sewer utilities to be separately metered or charged directly to Tenant by the provider in the event Landlord reasonably determines that Tenant’s use of such jointly metered utility materially exceeds the use of such jointly metered utility by other tenants in the Building. Tenant shall arrange pay its share of all charges for Services to jointly metered utilities, including, without limitation, the chilled air system, based upon consumption, as reasonably determined by Landlord. Furthermore, Tenant shall be supplied responsible for all expenses related to the Premises and shall contract for all setup of the Services chilled air system for Tenant’s use. No interruption or failure of utilities shall result in Tenant's name prior the termination of this Lease or the abatement of rent. Tenant agrees to limit use of water and sewer for normal restroom use. Notwithstanding anything contained herein to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In contrary, in the event that any such interruption or cessation of utilities results from Landlord’s negligent or willful act or omission continues beyond five (5) business days from the Services cannot be separately billed date of such interruption or metered cessation, then, provided Tenant has delivered Landlord with prompt notice of such interruption, the rent under this Lease will xxxxx, commencing on the fifth (5th) business day the Premises remain untenantable, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as hereinabove described will apply in the event such interruption of utilities is the result of Tenant’s alterations to the Premises, or if any negligent act or omission of the Services are not separately metered as of the Commencement DateTenant, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordits agents, as Additional Rentemployees or contractors, 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 other than 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 negligent or willful misconduct act or omission of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termor its employees, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment agents or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcontractors.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for and promptly pay during the Lease Term and prior to delinquency all charges for heat, water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-upelectric, sewer service and all any other services supplied to utility service used or consumed on the Premises (collectively the "Services") and Leased Premises. Should Landlord elect to supply all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot utility services to be separately billed used or metered to consumed on the Leased Premises, or if any Tenant shall, within twenty (20) days after receipt of presentation of the Services are not separately metered as of the Commencement Datestatement for such utility service, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent under the terms hereof, as provided the amount of said statement if it represents utility service furnished to the Leased Premises only or its prorata share of said statement if it includes utility service to an area greater than the Leased Premises. Said proration of utilities shall be reviewed by 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 Paragraph 12 belowrelation to the use of total services by all the Tenants and will be adjusted reasonably by Landlord, if necessary. The Tenant 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 event shall Landlord be liable for any interruption or failure in the supply of any such utility to the Leased Premises, except that Tenant's proportionate share of such Services shall be to the percentage obtained by dividing the gross leasable square footage contained in the Premises extent caused 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 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 a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall use as a consequence of fire, casualty, exercise of eminent domain, cessation of utilities or other services required to be equitably abated provided to the extent Leased Premises by Landlord, interference with access to the Leased Premises, legal restrictions or the presence of any Hazardous Material which does not result from the Tenant's use, storage or disposal of such curtailment Hazardous Material in or suspension about the Leased Premises in violation of Services interferes Hazardous Materials Laws, and in any of the foregoing cases the interference with Tenant's use of the Leased Premises persists for seven (as reasonably determined 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, 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 Landlord the Tenant. Said expense shall be paid promptly and Tenant) following such forty-eight (48) hour period until such Services are restoredany repairs requested by the utility company shall be performed by Tenant promptly [omitted because stricken by parties] and without any delay.

Utilities. Landlord Licensor shall furnish Licensee during Licensee’s occupancy of the Temporary Premises the following services: (i) cleaning and janitorial services; (ii) domestic water at those points of supply provided for general office use of tenants in the Tempe Gateway Building; (iii) electricity for normal, Building Standard office uses; (iv) elevator service at the times and frequency reasonably required for normal business use of the Temporary Premises; (v) lamp and ballast replacement for Building Standard light fixtures; (vi) HVAC service between 7:00 o’clock a.m. and 6:00 o’clock p.m. on Monday through Friday and 8:00 o’clock a.m. and 12:00 o’clock p.m. on Saturday (“Building Standard Hours”), except on New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day and other holidays observed by a majority of the tenants of the Building (“Holidays”). If any Holiday falls on a weekend, the Building may observe the Holiday on the preceding Friday or the succeeding Monday. Licensee may periodically request, and Licensor shall furnish HVAC service on days and at times other than those referred to above, provided Licensee requests such service in accordance with the Project Rules then in effect, and agrees to providereimburse Licensor for this service at the then existing rate being charged in the Building. If Licensee utilizes services provided by Licensor hereunder in either quantity and/or quality exceeding the quantity and/or quality customarily utilized by normal office uses of comparable premises in the Building, at its costthen Licensor may monitor Licensee’s use of such services, water, electricity and telephone service connections into the Premisescharge Licensee a reasonable amount for such excess usage; but Tenant such amount shall pay during the Lease Term and prior to delinquency all charges constitute additional rent due hereunder within fifteen (15) days of Licensee’s receipt of Licensor’s statement for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforsuch excess. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Licensor shall not be delayed by reason liable for any damages directly or indirectly resulting from the installation, use or interruption of use of any failure by Tenant to so contract for Services. In the event that equipment in connection with furnishing any of the Services cannot be separately billed or metered to the Premisesforegoing services, or if failure to furnish or delay in furnishing any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay service except when such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained failure or delay is caused 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLicensor.

Utilities. Landlord agrees shall deliver the Premises to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior with facilities to delinquency all charges for provide water, gas, lightelectricity, heat, powertelephone and sewer utility service to the Building to allow Xxxxxx's use of the Premises for the Permitted Use hereunder and shall pay all meter, connection and tap fees in connection therewith (excluding, however, activation fees that may be charged to Tenant in connection with the accounts set up by or on behalf of Tenant for the delivery of utilities to the Premises. Except as provided in the preceding sentence. Tenant shall pay for all water, gas. electricity, telephone or heat, telephone, sewer, sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial servicetogether with any taxes, trash pick-uppenalties. surcharges, sewer maintenance charges. and the like pertaining to Xxxxxx's use of the Premises. Tenant, at its expense, shall obtain all other utility services supplied to or consumed on for the Premises (collectively the "Services") and all taxes, levies, fees other than a utility that is submetered or surcharges therefor. Tenant shall arrange for Services to be supplied otherwise provided to the Premises by Landlord as provided herein), including making all applications therefor. and paying all deposits. Landlord may, if it so elects, furnish one or more utility service to Tenant, and in such event Tenant shall purchase the use of such services as are tendered by Landlord, and shall contract for all of pay on demand as additional rental the Services in Tenant's name prior to the Commencement Date. The Commencement Date rates established therefor by Landlord which shall not exceed the rates which would be delayed charged for the same services if furnished directly by reason the local public utility companies. To the extent any utility service for the Premises is submetered, the meter shall be read by Landlord or Xxxxxxxx's designee, and Tenant shall pay to Landlord, within 30 days after receipt 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 Datean invoice therefor, the cost of such Services service based on rates charged for such service by the utility company furnishing such service, including all fuel adjustment charges, demand charges and taxes. To the extent that any particular utility is not separately metered or submetered as provided above (e.g.. water or sewer charges). Landlord shall, using its good-faith. reasonable judgment. allocate the expenses for such utility among the existing tenants of the Project based upon density, usage, and other factors in Landlord's reasonable judgment. Upon not less than thirty (30) days prior notice to Tenant, Landlord may at any time discontinue furnishing any such service without obligation to Tenant other than to connect the Premises to the public utility, if any, furnishing such service. Landlord shall not be an Operating Expense liable for any interruption or failure of utility service to the Premises, and such interruption or failure of utility service shall not be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall pay to any abatement of Xxxxxx's obligations hereunder; provided, however. that if any such cost interruption or failure of utility service to the Premises is caused by Landlord or any of its agents, employees, contractors or representatives and same continues for more than five (5) business days after written notice to 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 receive an abatement 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 payable hereunder shall be equitably abated to based on the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises (as reasonably determined affected by Landlord and Tenant) following such forty-eight (48) hour period interruption of service from the commencement of such interruption until such Services time as the services are restored.

Utilities. Landlord agrees to providea. Sublessee shall pay for all utility service at the Subleased Premises including, at its costwithout limitation, any utility service for electricity, gas, water, electricity sewer, or telephone. b. To the maximum extent permitted under applicable law, Sublessee shall not have any right to recover damages from Sublessor or the Lessor, and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Sublessee shall not be delayed by reason entitled to any abatement or reduction of rent or other relief, on account of any failure by Tenant interruption or discontinuance or inadequacy of any utility service to so contract or at the Subleased Premises for Servicesany reason whatsoever. In the event that any Sublessee requires additional utility service at the Subleased Premises during the term of the Services canLease, the installation and maintenance thereof shall be Sublessee's sole obligation and at Sublessee's sole cost and expense; provided that no such utility service may be installed at the Subleased Premises unless Sublessee shall in each instance have first obtained the prior written consent of the Sublessor and of the Lessor. Sublessor agrees that it shall not unreasonably withhold its consent to the installation by Sublessee at the Subleased Premises and at Sublessee's expense of additional utility service; provided that Sublessor shall not be separately billed responsible for any failure (whether or metered to the Premises, or if any not reasonable) of the Services are Lessor to consent to any such installation of utility service proposed by Sublessee. Without limiting the right of Sublessor to withhold consent when it is reasonable to do so, Sublessor and Sublessee agree that it shall not separately metered as be deemed to be unreasonable for Sublessor to withhold its consent to any such installation of utility service at the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Subleased Premises proposed by dividing the gross leasable square footage contained Sublessee in the Premises by event that the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due Lessor does not consent 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredsame.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during be solely responsible for paying the Lease Term cost of all utilities, including, but not limited to, sewer use and prior to delinquency all charges for connection fees, water, gas, light, heat, power, electricity, telephone or telephone, and other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on utilities (the Premises (collectively the "Services"“Utilities”) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied provided to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered separately to Tenant. If the Premises, or if any of the Services Utilities are not separately metered as billed to Tenant, Tenant shall pay to Landlord within fifteen (15) days after receiving a xxxx from Landlord the Tenant’s Proportionate Share of the Commencement Date, the cost of Utilities. In determining Tenant’s Proportionate Share of the cost of Utilities attributable to Tenant’s use during any period of time, if during any period within such Services year less than ninety-five percent (95%) of the Project’s rentable area shall have been occupied by tenants, then with respect to such period, any portion of the Utilities which vary with the occupancy percentage of the Building and/or Project, if any, shall be proportionately increased to an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 amount equal to the contrary notwithstandingUtilities that would have been incurred had the occupancy of the Building been ninety-five percent (95%) throughout such portion of the year. In its reasonable discretion, Landlord agrees that if Services are curtailed or suspended may adjust “Tenant’s Proportionate Share” 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's reflect extraordinary use of the Premises by Tenant, which use requires greater use of any Utilities. Extraordinary use shall include, but not be limited to, use beyond normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday; 7:00 a.m. to 12:00 p.m. on Saturdays, excluding any national holidays, and uses beyond those uses set forth in this Lease. (as reasonably determined b) Failure by Landlord to furnish any Utilities, or any cessation thereof, which result from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. If any of the equipment or machinery utilized in supplying services and Tenant) following Utilities breaks down, or ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. Tenant shall have no right to terminate this Lease, and shall have no claim for rebate of rent or damages, on account of any interruptions in services or utilities occasioned thereby or resulting therefrom except to the extent arising out of Landlord’s failure to use reasonable diligence to cause such forty-eight (48) hour period until such Services are restoredrepairs to be made.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (A) Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, lightelectricity, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer services and all any other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Premises Premises. Except to the extent Landlord elects to provide any such services and invoice Tenant for the cost or include the cost in Operating Expenses, Tenant shall obtain service in its own name and timely pay all charges directly to the provider. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises. Any wiring, cabling or other equipment necessary to connect Tenant's telecommunications equipment shall be Tenant's responsibility, and shall contract for all be installed in a manner approved by Landlord. For those utilities which are not sub metered or separately metered, in the event Tenant's consumption of any such utility or other service included in Operating Expenses is excessive when compared with other occupants of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Property, Landlord may invoice Tenant separately for, and Tenant 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 Datepay on demand, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 hereunderexcessive consumption, 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord. Landlord shall provide information supporting such determination to Tenant. (B) Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Notwithstanding any thing to the contrary in this Lease, if Tenant is prevented from receiving electricity, heat, natural gas, air conditioning, water, sewer or septic service or any other service or utility that Tenant is entitled to receive under this Lease, and Tenantsuch interruption (i) following is due to a cause within Landlord's control, (ii) continues for in excess of five (5) consecutive business days, and (iii) renders the Premises untenantable (in whole or in material part) or makes it impracticable for Tenant to conduct its business in the Premises, then Tenant may give written notice to Landlord that the Premises are untenantable or that Tenant cannot practically conduct its business as a result thereof, and Annual Minimum Rent and Operating Expenses and other charges shall xxxxx commencing on the day of such fortynotice (and, if less than all of the Premises are affected by such interruption, such abatement shall be pro-eight (48rated according to the area so affected) hour period until such Services time as such services or utilities are restored. The provisions of this paragraph shall not apply to repairs or changes to the extent that such payments are abated under other provisions of this Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall timely pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other communication servicesimilar charges for utilities imposed by any governmental entity or utility provider, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforthe like pertaining to Tenant's use of the Premises. Tenant Landlord shall arrange for Services have no responsibilities whatsoever in connection with the foregoing. Landlord shall cause water, gas and electricity service to be supplied separately metered to the Premises and charged directly to Tenant by the provider. Except as expressly provided in the remainder of this Paragraph 7(a), no interruption or failure of utilities shall contract for all result in the termination of this Lease or the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason abatement of any failure by Tenant to so contract for Servicesrent. In the event that Tenant is prevented from using, and does not use, the Premises or a substantial portion thereof as a result of any of the Services cannot be separately billed or metered negligent failure by Landlord to provide utility services to the Premises, and such failure was not caused directly or if any indirectly by the negligence or willful misconduct of Tenant, its employees, agents or visitors, guests, invitees or licensees (an "Abatement Event"), then Tenant shall give written notice of such Abatement Event to Landlord. If the Abatement Event continues for three (3) consecutive business days (the "Abatement Period") after Landlord's receipt of Tenant's written notice, then Base Rent shall be abated or reduced after expiration of the Services are not separately metered as of the Commencement DateAbatement Period, the cost of for such Services shall be an Operating Expense and time that Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the 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 continues (as a result of the acts Abatement Event) to be so prevented from using, and does not use, the Premises or negligence or willful misconduct a substantial portion thereof, in the proportion that the rentable area of Landlord for a period the portion of forty-eight (48) consecutive hours during the Lease TermPremises that Tenant is prevented from using, then Tenant's and does not use, bears to the total rentable area of the Premises; provided that, subject to the foregoing provisions of this subsection, Base Rent payable hereunder shall be equitably abated completely if the portion of the Premises that Tenant is prevented from using as a result of the Abatement Event, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises. (b) Tenant shall, at its sole cost and expense, contract directly with a janitorial service and shall pay for all janitorial services used on or for the Premises. Landlord shall have no obligations whatsoever in connection therewith. All janitorial services and employees utilized by Tenant shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. (c) Notwithstanding anything to the extent such curtailment or suspension contrary contained in this Lease, Tenant agrees that Landlord, at its election, may contact any utility company providing utility services to the Premises in order to obtain data on the energy being consumed by the occupant of Services interferes the Premises. Furthermore, Tenant agrees to provide Landlord with Tenant's use energy consumption data reasonably obtainable within thirty (30) days after Landlord's request for the same. Tenant agrees to take such further actions as are necessary in order to further the purpose of this paragraph, including, without limitation, providing to Landlord the Premises (as names and contact information for all utility providers serving the Premises, copies of utility bills, written authorization from Tenant to any such utility company to release information to Landlord, and any other relevant information reasonably determined requested by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor the applicable utility company.

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity and telephone service connections into pay directly to the appropriate utility company all charges for utility services supplied to Tenant or the Premises; but Tenant shall pay during if the Lease Term and prior East Tower is not separately metered from the balance of the Project, Landlord shall, subject to delinquency all charges for waterthe limitations set forth below in this Article 6, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on cause the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services same to be supplied so separately metered at Landlord's sole cost and expense. Notwithstanding anything to the contrary herein, subject to the limitations set forth below in this Article 6, Tenant may, at Tenant's option, obtain electrical service to the Premises and shall contract for all of the Services in Tenant's name from a private source. At least six (6) months 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 expiration of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 Term with respect to any cause whatsoever shall not affect any obligation portion 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 Tenant's election to extend the acts Term for the Renewal Term, New Lease Option Term or New Lease Renewal Term for less than the entire East Tower, Landlord shall cause any portion of the Premises which will not be subject to this Lease during the applicable renewal term to be separately metered on a floor-by-floor basis, separate and apart from the Premises which will be subject to this Lease during such renewal term. Landlord shall not be liable in damages for any failure or interruption of any utility or service, and no failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or discontinue making payments of Monthly Rental or Additional Rental, unless such failure or interruption is caused by the negligence or willful intentional misconduct of Landlord for a period of forty-eight Landlord. Notwithstanding anything stated to the contrary above in this Article 6, (48a) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant elects to obtain electrical service for the Premises from a private source, it must do so at Tenant's use sole cost and expense, and (b) Tenant's obtaining electrical service from a private source is expressly conditioned upon the same not (i) materially and adversely impairing or interfering with the operation of the Premises East Tower or the West Tower (it being acknowledged and agreed that any work by Tenant to accomplish obtaining electrical service from a private source may involve temporary interruption of service), or (ii) imposing any material cost or expense on Landlord, including, without limitation, any cost or expense not borne by Tenant hereunder arising from the need to separately meter any of the space in the East Tower not being leased by Tenant. If Tenant fails to pay when due any charges referred to in this Article 6, Landlord may pay the charge and Tenant shall reimburse Landlord, as reasonably determined Additional Rental, for any amount so paid by Landlord and within ten (10) days after Tenant) following such forty-eight (48) hour period until such Services are restored's receipt of written demand therefor.

Utilities. Landlord agrees to provideshall furnish the Premises with electricity at all times and heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and 1:00 p.m. Saturday of each week during the Term (legal holidays excepted). Such of the foregoing services as Tenant may desire at other times shall be supplied by Landlord, upon reasonable prior notice, at its cost, water, electricity and telephone service connections into such rates as Landlord shall establish from time to time for office tenants of the Premises; but Building. If Tenant shall pay during the Lease Term and prior require electricity or install electrical equipment, including, but not limited to delinquency all charges for waterelectrical heating, gasrefrigeration equipment, lightelectronic data processing machines, heatcomputers (other than personal computers or word processors), power, electricity, telephone or other communication servicemachines or equipment which will in any way increase the amount of the electricity usually furnished for use as general office space, janitorial service, trash pick-up, sewer and all other services supplied or if Tenant shall attempt to or consumed on use the Premises in such a manner that the services to be furnished by Landlord would be required during a period other than or in addition to the business hours referred to above, Tenant will obtain prior written approval therefor from Landlord (collectively and Landlord may require the "Services"installation of a separate sub-meter) and all taxeswill pay for the resulting additional direct expense, leviesincluding the expenses resulting from the installation of such equipment and meters and from any modifications to the electrical system of the Building which Landlord deems necessary, fees as additional rent promptly upon being billed therefor. Landlord shall provide water from City of Indianapolis mains for drinking, lavatory and toilet purposes drawn through fixtures installed by the Landlord, or surcharges thereforby the Tenant with Landlord's written consent, from regular Building supply at the prevailing temperature. Tenant shall arrange for Services to be supplied not waste or permit the waste of water. Landlord shall further provide adequate operatorless passenger elevator service at all times and freight elevator service subject to the Premises and scheduling by Landlord. Landlord shall contract for all of the Services in replace, at Tenant's name prior to the Commencement Dateexpense, all light bulbs, tubes and ballasts. The Commencement Date shall Landlord does not be delayed by reason of any failure by Tenant to so contract for Services. In the event warrant that any of the Services cannot services referred to above or any other services which Landlord may supply will be separately billed free from interruption. Tenant acknowledges that any one or metered more of such services may be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by reason of causes beyond the reasonable control of Landlord and any such interruption of service shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damage by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, however, if such services are interrupted for thirty (30) consecutive days and Tenant is unable to conduct business from the Premises, or if any minimum rent shall xxxxx until the service is restored. Landlord agrees to use reasonable care and to exercise due diligence with respect to avoiding interruption of the Services services above provided for and, if interrupted, agrees that it will be for as short a period as possible, and all repairs will be promptly and diligently made at such times as will not unduly interfere with the occupancy and use of the Premises by Tenant. If at any time during the Term utility services supplied to the Property are not separately metered as of for the Commencement DatePremises, the cost of such Services separately metered utility service shall be an Operating Expense and paid by Tenant shall pay promptly upon being billed therefor, whether such cost billing be by Landlord or the utility company. The charge to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services Tenant by Landlord for electricity consumption shall be the percentage obtained same retail rate which would be payable if Tenant purchased electricity directly from the utility company, including applicable taxes and fuel adjustment charges. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by dividing law. Landlord reserves the gross leasable square footage contained right to prescribe in a reasonable manner the weight and position of all safes and heavy installations which Tenant wishes to place in the Premises so as to properly distribute the weight thereof. Any cost of structural analysis shall be borne by Tenant. Business machines and mechanical equipment belonging to Tenant which cause unreasonable noise or vibration that may be transmitted to the total gross leasable square footage located in all buildings utilizing such Services. The lack structure of the Building or shortage of any Services due to any cause whatsoever leased space to such a degree as to be objectionable to Landlord or to any tenants in the Building shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such unreasonable noise or vibration. All charges for any services shall be deemed rent reserved under this Lease and shall be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within ten (10) days after such billing. In the event Tenant shall fail to make payment for such services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of rent and without notice to Tenant, discontinue any and all such services, and such discontinuance shall not affect be held or pleaded as an eviction or as a disturbance in any obligation manner whatsoever of Tenant's possession, or relieve Tenant hereunderfrom the payment of rent when due, and Tenant shall faithfully keep and observe all the terms, conditions and covenants or vary or change any other provision of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, render Landlord agrees that if Services are curtailed or suspended to the Premises as a result liable for damages 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany kind whatsoever.

Utilities. Landlord agrees to provideEffective as of December 1, at its cost2000, water, electricity and telephone service connections into the Premises; but Tenant shall pay during provisions of the Lease Term and prior with respect to delinquency all charges utilities (which for waterpurposes of this provision shall mean electricity, gas, lightwater and sewer) shall be modified as follows: (a) In order to accommodate Tenant's "around the clock" operations in the Premises, heatTenant shall have the right to utilize the Premises 24 hours per day, power7 days per week, electricityeach day of each year throughout the Lease Term, telephone or other communication servicesubject to the terms and conditions set forth herein. Landlord will continue to furnish all of the services set forth in Section 5.2 of the Lease, janitorial service, trash pick-up, sewer and all other services supplied to or consumed but the timing limitations on the services of electricity shall no longer be applicable. In addition, the after hours or overtime charge for HVAC shall no longer be applicable. In consideration of Landlord's agreement to furnish services on an around the clock basis, Tenant will pay as Additional Rent the cost of all utilities provided to the Premises in the manner set forth herein. (collectively the "Services"b) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied The cost of providing utilities to the Premises and the Building shall contract still be considered part of Operating Expenses, but utilities will be billed separately and calculated in accordance with the terms of this provision. Landlord hereby represents and warrants that the Kinko's space (containing approximately 5,965 rentable square feet and located in Suite 100 South Tower of the Building) is currently separately metered for all of the Services in Tenant's name prior utilities and will continue 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 throughout the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 ServicesLease Term. 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 further 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 throughout the Lease Term, then Tenant's Rent payable hereunder all other tenant spaces in the Building (except the Premises) will be either separately metered or submetered or utility consumption for such space will be measured by means of engineering calculations. In order to ascertain utility consumption based on engineering calculations, Landlord shall retain a professional engineer with substantial experience in these matters to conduct a survey of all tenant spaces (not otherwise separately metered or submetered and excluding the Premises) and estimate consumption of all utilities for each such space based on the density of occupancy, all equipment that operates in the space, and any other relevant factors. In addition, Landlord shall estimate the cost of providing utility services for the lighting on the parking decks of the Building, the Atrium Lobby and the parking exhaust fans. Such items shall be equitably abated treated as normal Operating Expense and shall be prorated over the entire Building for purposes of operating expenses escalations. From time to time, if occupancy, equipment profiles or other relevant factors change materially, the survey of the tenant spaces and resulting utility consumption shall be updated. (c) Tenant will pay Landlord for all utilities consumed in the Building except for (i) utilities consumed by Kinko's or any other tenants spaces separately metered, (ii) utilities consumed by other tenants in the Building (as measured by submetering or engineering calculation), and (iii) the common area utility expenses set forth in Section 4(b) above, provided that Tenant shall pay its Percentage Share of such expenses as part of Operating Expenses (hereinafter, the "Net Utility Cost"). Notwithstanding the foregoing, all utility accounts will still be maintained in Landlord's name, and Landlord will still be responsible for payment of the utility bills from the various utility providers. All utility charges will be billed to Tenant without additional charge or markup of any kind. (d) Landlord's shall provide Tenant an initial estimate of the monthly Net Utility Cost as soon as possible following execution of this Second Amendment. Tenant shall pay to Landlord each month Landlord's estimate of the monthly Net Utility Cost. Landlord shall have the right to adjust this estimate from time to time, but not more than four (4) times per calendar year. Any disagreements between Landlord and Tenant as to the extent such curtailment or suspension appropriateness of Services interferes with Tenantlandlord's use estimate shall be resolved by a qualified engineer. Each year when Operating Expenses are reconciled pursuant to Section 3.3 of the Premises Lease, the Net Utility Cost shall also be reconciled in a similar manner. To this end, Landlord shall provide Tenant with copies of all utility statements for the applicable months, together with the information necessary to accurately determine the appropriate utility charges to other tenants in the Building (based on separate metering, submetering or engineering calculations, as reasonably determined by Landlord applicable). Further, Tenant shall have audit rights with respect to utilities generally in accordance with the provisions of Section 3.3 of the Lease. (e) Understanding the additional wear and Tenant) following such forty-eight (48) hour period until such Services are restoredtear of equipment, Tenant agrees to additional depreciation of equipment at $0.07/RSF to be passed through to Tenant as a part of Building Operating Expenses each and every year of the Lease.

Utilities. Landlord shall provide electricity for normal office use and water service for purposes incidental to normal office use, the costs of which shall be included in the Operating Expenses. Tenant agrees that it will not install any equipment, which may exceed or overload the capacity of any utility facilities. If Tenant shall use electricity in amounts in excess of that commonly consumed for office use or if Tenant shall consistently and regularly use electricity outside of Building Operating Hours, Landlord shall have the right to provide, at its cost, water, electricity and telephone require such electrical service connections into to be separately submetered to the Premises; but , which work shall be performed at Tenant’s sole cost. If submetered electricity is billed separately by the utility provider, Tenant shall pay during the Lease Term and prior amount of such invoice to delinquency all charges for waterLandlord. If submetered electricity is not billed separately by the utility provider, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied Tenant shall pay to or Landlord a monthly amount equal to the units of electricity consumed on at the Premises (collectively for such period, multiplied by the "Services") and all taxesaverage per unit cost charged to Landlord by the utility company, levieswhich amount shall be due, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all in either of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason foregoing cases, within ten (10) days of any failure by Tenant to so contract for Servicespresentation of an invoice therefor. In the event that any of the Services electricity service cannot be separately metered, Tenant shall pay to Landlord an amount equal to Landlord’s reasonable estimate of Tenant’s usage thereof. If Tenant is separately billed for all electricity usage, Operating Expenses shall be equitably adjusted to account for Tenant’s direct payment of such utilities. Landlord shall not be liable for any discontinuance of utility services to the Premises and the same shall not constitute a termination of this Lease or metered an eviction of Tenant. Landlord shall not be liable to Tenant in damages or otherwise (a) if any utility shall become unavailable, or (b) for any interruption in any service caused by the making of any necessary repairs or improvements or by any cause beyond Landlord’s reasonable control, and the same shall not constitute a termination of this Lease or an eviction of Tenant, constructive or otherwise. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Premises for a period in excess of five (5) consecutive days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by fire or other casualty (in which case Section 20 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 Termmaterial portion thereof, then Tenant's , as its sole remedy, shall be entitled to receive an abatement of all Base Rent, Additional Rent and other sums payable hereunder during the period beginning on the sixth (6th) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation of service, the amount of abatement shall be equitably abated to prorated based upon the extent such curtailment or suspension of Services interferes with Tenant's use percentage of the Premises (as reasonably determined so rendered untenantable and not used by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services"a) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior Prior to the Commencement Date, Landlord shall provide water, sewer, electric and gas service to the Leased Premises. The Commencement Date Tenant acknowledges that electric, gas, water and sewer utilities for the Leased Premises are provided by Landlord and billed by Landlord or its agent to Tenant (i) for water and sewer service, as calculated below in Section 12.1(d), and (ii) for electric and gas service based upon Tenant’s proportionate share computed by multiplying the cost of gas and electrical service for Building 3 of the Columbus International Aircenter by a fraction the numerator of which is the square footage of the Premises and the denominator of which is the square footage of said Building 3, which building square footage for purposes of this Section 12.1 shall be 811,000 square feet. Landlord shall not be delayed by reason liable for the quality or quantity of or interference involving any such utilities. During the term hereof, whether the Leased Premises are occupied or unoccupied, Txxxxx agrees to maintain heat sufficient to heat the Leased Premises so as to avert any damage to the Leased Premises on account of cold weather. (b) Except as provided herein, Landlord shall not be liable in damages or otherwise for any failure or interruption of any failure by Tenant utility service being furnished to so contract for Servicesthe Leased Premises. In the event that any utility service to the Leased Premises shall be interrupted (a) for seventy-two (72) hours or more or (b) due to the negligent act or omission of the Services canLandlord, its agents, contractors, or employees, rent and all charges payable hereunder shall equitably axxxx until such services are fully restored. (c) Txxxxx agrees to be responsible for its rubbish removal for the Leased Premises. (d) Txxxxx’s obligation to Landlord for water and sewer utilities shall be 100% for the Leased Premises and 33.3% for the future Leased Premises not then delivered to Tenant. Tenant’s obligation shall be separately billed or metered computed as the sum of (i) Tenant’s Pro Rata Share for usage of water and sewer utilities, plus (ii) one-third of the Pro Rata Share for usage of water and sewer utilities for an area equal to 811,000 sf minus the then leaseable area of the Leased Premises. Simultaneous with the billing to Tenant of its water and sewer charges for the Leased Premises, or if any Landlord shall provide Tenant with details regarding the calculations used by Landlord in computing Tenant’s proportionate share of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and same. Tenant shall pay for such cost to usage within 30 days of receipt of a reasonably detailed invoice therefore from 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord Provided the Sublessee shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Sublessor agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior furnish to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively i) heat and air-conditioning customarily furnished in comparable class A buildings in Portland, Oregon, for the "Services") comfortable use and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to occupation of the Premises from 7:00 A.M. to 6:00 P.M. on weekdays, and shall contract 8:00 A.M. to 1:00 P.M. on Saturdays exclusive of legal holidays, (ii) continuous water and electricity service suitable for all the intended use 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, (iii) janitorial services after 6:00 P.M. on weekdays exclusive of legal holidays in the manner that such services are customarily furnished in Class A buildings, and (iv) continuous elevator service which shall mean service by unattended automatic elevators. Sublessor shall provide additional or if any after-hours heating or air-conditioning at Sublessee's request, and Sublessee shall pay to Sublessor a reasonable charge for such services as determined by Sublessor, the initial rate for which shall be $30.00 per hour per floor. Sublessee agrees to keep and cause to be kept closed all window coverings when necessary because of the Services are not separately metered as sun's position, and Sublessee also agrees at all times to cooperate fully with Sublessor and to abide by all the reasonable regulations and requirements which Sublessor may prescribe for the proper functioning and protection of the Commencement Dateheating, ventilating, and air-conditioning system. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Sublessor reserves the right to install supplementary air-conditioning units in the Premises, and the cost thereof, including the cost of such Services installation and the cost of operation and maintenance thereof, shall be an Operating Expense paid by Sublessee to Sublessor upon demand by Sublessor. Any sums payable under this Section shall be considered Additional Rent and Tenant may be added to any installment of Base Rent thereafter becoming due, and Sublessor shall pay such cost to Landlord, as Additional Rent, as provided have the same remedies for a default in Paragraph 12 below, except that Tenant's proportionate share payment of such Services shall be the percentage obtained by dividing the gross leasable square footage contained sum as for a default in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage payment 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBase Rent.

Utilities. Landlord agrees to provideTenant shall, at its costsole cost and expense, water, electricity contract for and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone or sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees or surcharges therefor. Tenant shall arrange for Services surcharges, connection charges, maintenance charges, and the like pertaining to be supplied to the Premises and shall contract for all Tenant’s use of the Services in Premises. Tenant's name prior to , at its expense, shall obtain all utility services for the Commencement DatePremises, including making all applications thereof, obtaining meters and other related equipment, and paying all deposits and connection charges. The Commencement Date Landlord shall not be delayed by reason liable for any interruption or failure of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service to the Premises, and such interruption or if failure of utility service shall not be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing to the contrary, Landlord shall attempt to maintain, using commercially reasonable efforts, for the benefit of the Services are not separately metered named Tenant only, its contract pricing terms with Sempra Energy and Air Products (as it relates to the procurement of Nitrogen gas), and to request extensions of such contracts as appropriate to endure throughout the term of the Commencement Datenamed Tenant’s occupancy of the Premises under this Lease, and Tenant’s obligations hereunder shall include without limitation, all surcharges for electricity used at the cost Premises in excess of such Services shall be an Operating Expense the contracted monthly volumes or amounts applicable to the Premises under Landlord’s contracts to obtain electricity for the Premises and Landlord’s other nearby facilities (and Tenant hereby acknowledges that Landlord has provided Tenant with copies of the current pertinent contract terms with Sempra Energy relating to such contracted monthly volumes or amounts of electricity to be provided to the Premises). Landlord shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except provide Tenant with copies of all monthly utility usage information received by Landlord from any utility provider for which Landlord invoices Tenant. To the extent that Tenant's proportionate share costs of such Services shall be the percentage obtained utilities are incurred by dividing the gross leasable square footage contained Landlord in the Premises performance of its obligations hereunder and are included in Operating Costs payable 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 not have the terms, conditions and covenants obligation to pay any such duplicative costs outside of this Lease and its obligation to 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 Operating Costs 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredherein provided.

Utilities. Landlord a. TENANT shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by TENANT at or upon the Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all permits, licenses or authorizations necessary in connection therewith. Such payments by TENANT shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, plus reasonable capital and administrative recovery costs. If TENANT is allowed by LANDLORD to encroach over areas reserved for installation and operation of utilities, then TENANT shall bear all responsibility for restoration of TENANT’s own property in case of repairs by the LANDLORD or the utility owner. b. The TENANT agrees to provideindemnify and hold LANDLORD harmless, at in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its costsuppliers, waterand LANDLORD further reserves the right to temporarily terminate the supply, electricity or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and telephone service connections into 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 of the Premises; but Tenant , and to comply with all provisions for maintaining such utilities. d. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term greatest extent possible, any unreasonable interference or interruption to TENANT’S operations. e. TENANT shall design and install all utilities used by TENANT subject to the express approval of the LANDLORD prior to delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 17 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract become the owned property of LANDLORD. f. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. TENANT shall take all reasonable precautions to prevent the discharge of material into any failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot TENANT’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LANDLORD upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLANDLORD’S request.

Utilities. Landlord agrees to provide(a) Subtenant shall pay for all utilities, at its costincluding electricity, gas, water, electricity and telephone service connections into furnished to the Premises; but Tenant Sub-Sublease Premises as set forth herein. So long as utilities are billed by the Sublandlord or Master Landlord, directly or indirectly, to Sublandlord and, in turn, to the Sub-Sublandlord based upon the consumption measured to the Sublease Premises subject to the XxXxxx-Xxxxxx Sublease, and so long as the square footage of the Sublease Premises and the Sub-Sublease Premises remain unchanged, Subtenant shall pay during the Lease Term and prior to delinquency all charges Sub-Sublandlord for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all such utilities 49.58% of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed amount paid by reason of any failure by Tenant to so contract for ServicesSub-Sublandlord. In the event that any the square footage of either the Sublease Premises or the Sub-Sublease Premises changes, this percentage shall change proportionately. (b) Sub-Sublandlord shall supply Subtenant with electricity to the Sub-Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of the Services cannot Master Lease; provided however, that Sub-Sublandlord shall have no liability for failure to deliver electricity to Subtenant unless such failure is due to Sub-Sublandlord’s intentional act. If Subtenant shall desire any change or increase in the nature or any such utility services, Sub-Sublandlord’s sole obligation shall be separately billed to use reasonable efforts to cause the Master Landlord to provide such changes in such utility services requested by Subtenant, and Subtenant, shall, on demand, pay or metered reimburse Sub-Sublandlord for all reasonable costs, charges or expenses incurred by Sub-Sublandlord in causing Master Landlord to provide such services and in the cost for providing such services. Sub-Sublandlord shall have no obligation to alter existing lines or equipment providing distribution of electricity throughout the Sub-Sublease Premises. Subtenant shall be solely responsible for any alterations to the Premises, existing lines or if any of equipment made necessary by Subtenant’s alterations to the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 Sub-Sublease Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services otherwise required 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's Subtenant’s particular use of the Sub-Sublease Premises; provided however, that any such alterations shall be subject to the prior approval of Sub-Sublandlord, Sublandlord and Master Landlord in accordance with Paragraph 9 below. (c) The term Sub-Sublease Premises (as reasonably determined by Landlord used in this Article 4A shall refer to both the Original Sub-Sublease Premises and Tenant) following such fortythe Additional Sub-eight (48) hour period until such Services are restoredSublease Premises.”

Utilities. Tenant shall be billed directly by Landlord agrees as Additional Rent for the costs of Aggregate Direct Electric Loads in a manner consistent in all material respects with the then manner of billing for electrical service provided by the local electric utility company and in accordance with the then applicable pricing structures and rate schedules as filed by such utility with the applicable governmental authority from time to providetime. 3.5.1 Notwithstanding the foregoing, at its costif the Metering Equipment – Tenant Space in installed in such a manner so as to not capture Systems Efficiency Losses, water, electricity and telephone service connections into the Premises; but Landlord shall have a right to add an amount reasonably determined by landlord to Tenant’s Aggregate Direct Electric Loads sufficient to compensate Landlord for actual System Efficiency Losses attributable to Tenant’s Aggregate Direct Electric Loads. 3.5.2 Tenant shall pay during a proportionate share of all Ancillary Utility Costs, which proportionate share shall be a fraction expressed as a percentage, the Lease Term numerator of which shall be Tenant’s Aggregate Direct Electric Loads and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively denominator of which shall be the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to sum of the Premises and shall contract Aggregate Direct Electric Loads for all of the Services tenants then operating in Tenant's name prior the Building. 3.5.3 Notwithstanding the foregoing, if Landlord reasonably determines that the method of calculating Aggregate Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs is inadequate to capture the costs related to same that should otherwise be attributable to the Commencement DateTenant Space, Landlord and Tenant shall mutually agree on a different formula/calculation, as necessary, to appropriately capture such costs. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Additionally, in the event that any Landlord determines that it is no longer commercially impractical to separately meter some or all of Unmetered Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs, then Landlord may cause the Services cannot equipment related to the foregoing to be separately billed or metered to the PremisesTenant Space at Landlord’s sole cost and expense. In either event, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense Landlord and Tenant shall pay execute an amendment to this Lease reflecting such modification. For the avoidance of doubt, it is the intent of the parties that this Section 3.5 represents a mechanism only for Landlord’s cost recovery with regard to Landlordutilities (including electrical power) serving, as Additional Rent, as provided to and/or used in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be or for 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 hereunderSpace, and Tenant shall faithfully keep and observe all the terms, conditions and covenants that there is no intent for Tenant’s Utility Payment to include any element of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence profit 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredin connection therewith.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered (not submetered) to the Premises; but (ii) Tenant shall pay during Landlord for any utilities serving the Lease Term Premises that are separately submetered based upon Tenant’s submetered usage, as well as for any maintenance and prior replacement costs associated with such submeters; and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs. “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 delinquency Building tenants or paid separately by such tenants. 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 invoice Tenant for such utilities as Additional Rent (payable within 20 days after receipt of an invoice therefor). For those utilities set forth in subsection (iii) above, Landlord shall have the right to either invoice Tenant for such utilities as Additional Rent (payable within 20 days after receipt of an invoice therefor), or together with Operating Expenses (but not include such costs in the Base Year). 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to 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 utility supplying electricity 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency cost of all charges for water, gas, heat, light, heat, power, electricitysewer, telephone or other communication servicetelephone, janitorial servicerefuse disposal, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange make payments for Services to be supplied all separately metered utilities, when due, directly to the Premises and appropriate supplier. Landlord shall contract for all of have the Services in right to require Tenant to install, at Tenant's name prior to sole expense, separate meters (or other submeter, device or monitor for the Commencement Date. The Commencement Date shall measurement of utility usage) for any utility for which a separate meter is 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 installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, the cost Landlord shall determine Tenant's equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such Services shall be an Operating Expense and other factors as Landlord deems relevant. Tenant shall pay its equitable share of such cost utilities to 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 notwithstandingextent such obligation exceeds any amount thereof impounded under Section 4.5, Landlord agrees that if Services are curtailed or suspended to the Premises as within fifteen (15) days after receipt of a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours statement from Landlord. If at any time during the Lease Term, then electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at any time and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as the suitability of the utility service for Tenant's Rent payable hereunder requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or elimination of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be equitably abated liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or xxxxx the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredrent due hereunder.

Utilities. Landlord agrees Utilities and services will be paid by the party indicated on the following chart* Lessor Lessee City Electricity Heating Oil Water Sewerage Trash Removal Yard Maintenance Snow Removal *”Snow removal” means plowing of driveway or parking lot only. Lessee(s) responsible for shoveling, sanding and/or salting steps and walk(s), Lessor will supply sand and salt upon request *Given the trend toward the use of cellphones to providereplace landline telephones, land lines are no longer included in rent. There may be an existing one already in your unit, but if not, you may have one installed, or any repairs to the existing one done, at its your cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, . *If Lessor supplies electricity, telephone or other communication servicethere is a limit of $ per month in usage. Any overage in electric xxxx will be reimbursed by Lessee by next rent payment due date. *Maine Statute §6021. Implied warranty and covenant of habitability, janitorial servicedictates that if heat is supplied and included in the price of rent, trash pick-upthat heat must meet certain standards set forth therein. If this Lease Agreement is for residence in a building in which heat can sometimes fall below 68 degrees, sewer and all other services supplied during unusually cold periods of time, a separate heating addendum has been included, allowing heat to or consumed fall to as low as 64 degrees, for which a reduction of rent of $ per month is provided. This Lease agreement degrees for residence in a building in which heat can sometimes fall below 68 *If electricity is Lessee’s responsibility (Which is the case if there is a checkmark under “Lessee” on the Premises (collectively the "Services"electricity line above) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event then parties agree that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services it shall be the percentage obtained by dividing Lessee’s (tenant’s) responsibility to put electricity into tenants’ own name no later than 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 start date of this Lease and lease as well as pay all Rentals due hereundercosts associated with the switchover. Failure to do so timely, all without diminutionor permitting the utility to revert to Lessor’s (landlord’s) name at any time during the pendency of this lease shall be considered a material breach of the lease (see section 20) & can result in a 7 day termination of lease as well as additional fees. *If LESSOR is responsible for heating oil, credit or deductionwhenever the price of oil as advertised on the XXXXX.XXX website exceeds $3.50 per gallon, rent will increase $10 per month for efficiency and 1 BR units and $15 per month for 2-3 bedroom units. The immediately preceding sentence This increase will take effect 45 days from the time the increase occurs, with at least 45 day notice to lessee. Rent will revert to the contrary notwithstandingoriginal amount when the price remains at or below $3.50 per gallon for 2 consecutive months, Landlord agrees that if Services are curtailed or suspended to using 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord same 45 day notice and Tenant) following such forty-eight (48) hour period until such Services are restoredeffective date.

Utilities. Section 9.1 Landlord agrees shall supply electricity to provide, at its cost, water, electricity and telephone service connections into the Premises; but Premises in such quantities as Tenant shall pay during reasonably require (provided said requirements shall not exceed the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on electrical capacity of the Premises (collectively electrical distribution system in the "Services") and all taxes, levies, fees or surcharges thereforBuilding). Tenant shall arrange make no alterations or additions to the electrical distribution system in the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building and the risers or wiring installation therein. Tenant may not use any electrical equipment which, in Landlord’s reasonable judgment, will overload such installations or interfere with the use thereof by other tenants in the Building. Section 9.2 Subject to the provisions herein, the parties agree that Landlord shall furnish electricity to Tenant on a “submetering” basis. Landlord has installed a meter or meters (collectively, the “Submeter”), at a location designated by Landlord, and connections from the risers and/or circuits servicing the Premises to the Submeter and has performed all other work necessary for Services to be supplied the famishing of electric current by Landlord to the Premises to service Tenant’s lighting and shall contract equipment. Tenant will pay Landlord, as Additional Rent for such service, the amounts determined by multiplying the usage indicated by the Submeter by the “all in” rate charged to Landlord by Consolidated Edison plus an administrative fee of the Services in Tenant's name prior to the Commencement Datefive (5%) percent of such amount. The Commencement Date amounts computed from the Submeter readings are herein called the “Electricity Additional Rent”, and such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this Lease for any reason whatsoever, Landlord may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within twenty (20) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment against the next payment(s) of Electricity Additional Rent. The periods to be used for the aforesaid computation shall be as Landlord, in its sole discretion, may from time to time elect. Bills for the Electricity Additional Rent shall be rendered to Tenant at such time as Landlord may elect. Section 9.3 If any tax is imposed upon Landlord’s receipts from the sale or resale of electric current to Tenant by Federal, State or municipal authority, Tenant agrees that, unless prohibited by law, Tenant’s pro rata share of such taxes shall be passed on to, and included in the xxxx, and paid by Tenant to Landlord as Additional Rent. Section 9.4 Landlord shall not be delayed liable to Tenant for any loss, damage or expense of whatever nature which Tenant may sustain or incur by reason of any failure by failure, inadequacy or defect in the character, quantity or supply of utilities furnished to the Premises, whether through the primary service or back-up generation except for any loss, damage or expense due to the negligence or omission of Landlord. Tenant to so contract shall pay for Servicesany special fixtures, connection charges and equipment required for its usage of said utilities. In Further, Tenant shall install monitoring equipment for any freezers at the Premises, and shall promptly notify Landlord in the event that any freezer is not receiving an adequate supply of the Services cannot current. Section 9.5 Tenant, at its sole cost and expense, and subject to Landlord’s reasonable regulations and approval in its sole discretion of Tenant’s load requirements, shall be separately billed or metered permitted to (a) connect to the Premisesback-up generator located within the Building to provide limited emergency power for Tenant’s selected equipment, and (b) install its own back-up generator within the Premises or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall other location to be an Operating Expense and Tenant shall pay such cost to designated by Landlord, as Additional Rent, as such location to be provided in Paragraph 12 below, except that for such use at no charge to 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees (a) From the commencement of the term of this Lease, and throughout the term of this Lease, Tenant shall pay for all public and other utilities and related services rendered or furnished to providethe Premises, at its costincluding, but not limited to, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for hot water, gas, lightelectricity, telephone, heat, powerlight, electricitysewer, telephone refuse or garbage collection or disposal, and related deposits. (b) Tenant understands that the Marin Municipal Water District ("MMWD") which supplies water to the Building may limit the amount of water available. The allocation based on estimates by MMWD, shall be 2.08 acre feet per year for potable water and 1.1 acre feet per year for reclaimed water used for landscaping subject to such changes in allocation during the term of the Lease as the MMWD may make. If tenant's usage exceeds such allocation, tenant shall be responsible to reimburse Landlord for all penalties or surcharges which may be imposed by the MMWD on account of such excess use. If necessary to protect the water allocation available to the Building, Landlord shall have the right to terminate water service after Tenant has used the full amount available to it for the billing or other communication servicemeasurement period established by the MMWD. Such termination of service shall not relieve tenant of any of its obligations under this lease. Landlord Agrees that such right will not be exercisable unless Tenant has actual notice from Landlord of the amount of the current allocation, janitorial serviceof the magnitude of Tenant's usage, trash pick-upand the fact that failure by Tenant to adhere to the allocation level would threaten the building's water allocation. (c) Landlord shall maintain the necessary mains, sewer conduits, wires and all other services supplied cables to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bring utilities to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services maintenance shall be an Operating Expense and Tenant included as part of Common Area Charges under paragraph 6 above. (d) Landlord shall pay such cost to Landlordnot be liable in damages, as Additional Rentconsequential or otherwise, as provided in Paragraph 12 belownor shall there be any rent abatement, 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 arising out of any Services interruption whatsoever in utility services which is due to causes beyond Landlord's reasonable control, including, but not limited to fire, accident, strike, governmental authority, acts of God, or other causes beyond the reasonable control of Landlord or 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 temporary interruption in such service which is necessary to the contrary notwithstandingmaking of alterations, Landlord agrees that if Services are curtailed repairs, or suspended improvements to the Premises as a result Building or any part 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 payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredit.