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 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 13.1. Sublessor shall bring or shall cause utility lines to be brought to the Subleased Premises at the points shown on Exhibits 2 & 3. The utility lines as shown on the Exhibit 2 & 3 Plans shall have the capacities set forth therein Term which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's and, if necessary, PDA's prior written approval of Sublessee's plans and specifications therefor, and the Sublessor's approval shall not be unreasonably withheld. Such approval shall be deemed granted if the Sublessor shall not respond within 15 days of receipt of Sublessee's written request therefor and shall fail again to respond 10 days after receipt of Sublessee's second written request therefor. If such installation is approved by Sublessor and PDA and if Sublessor and PDA agrees to provideprovide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor and/or PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. PDA under the Primary Lease also reserved the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premise, provided, however, that PDA in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with PDA and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. PDA under the Primary Lease, at its costsole discretion, watershall have the right from time to time, electricity to alter the method and telephone service connections into source of supply of the above enumerated utilities to the Subleased Premises and Sublessee agrees to execute and deliver to PDA such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any other person, firm or corporation which are separately metered to the Subleased Premises; but Tenant , provided that the charges to be paid by the Sublessee shall pay during the Lease Term and not be greater than those charged prior to delinquency the change. PDA under the Primary Lease, shall have the option to supply any of the above-enumerated utilities to the Subleased Premises. If PDA shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by PDA, and Sublessee will pay PDA, within ten (10) days after mailing by PDA to Sublessee of statements therefor, at the applicable rates determined by PDA from time to time which shall not be in excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Airport or otherwise obtainable by Sublessee. If PDA so elects to supply any of such utilities, Sublessee shall execute and deliver to PDA, within ten (10) days after request therefor, any documentation reasonably required by PDA to effect such change in the method of furnishing of such utilities. 13.2. Sublessor shall be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, gas, light, heat, powersewer, electricity, gas, telephone or and any other communication service, janitorial service, trash pick-up, sewer and all other services supplied to utility used or consumed on in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Subleased 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 supplied by reason of PDA, any failure by Tenant to so contract for Services. In the event that public utility or authority or any of the Services cannot be other person, firm or corporation which are separately billed or metered to the Subleased Premises, or if any . 13.3. All work and construction under this Article shall comply with the provisions 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 Article 10 of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Sublease applicable 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 restoredconstruction work.

Utilities. A. Landlord agrees to providecause the necessary mains, at its costconduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and telephone service connections into the Premises; but gas exceeds $5,000, Tenant shall pay during the Lease Term and prior excess amount directly 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 thereforLandlord as additional rent hereunder. Tenant shall arrange for Services to be supplied to have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall contract Landlord be liable for all the quality, quantity, failure or interruption of the Services in Tenant's name prior utilities 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 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 unless 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 or its agents, employees or contractors. D. In the event of a period failure or interruption of fortyutilities within the Premises, Landlord shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-eight (48) consecutive hours during the Lease Term, then repairs as needed due to Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's ’s 24/7 use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entity, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate the cause of the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (as reasonably determined by a) Landlord’s approval of the plans therefor and location thereof and (b) Tenant obtaining, at its sole cost and expense, all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the generator in the room adjacent to the Building’s electrical closet. Landlord may elect to require Tenant remove the generator and restore the Property to its original condition at the termination of the Sublease. Approval, installation and removal shall be at Tenant) following such forty-eight (48) hour period until such Services are restored’s sole cost and expense.

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 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 ▇▇▇▇▇▇▇▇ incurred by Tenant by received by Landlord after ▇▇▇▇▇▇ 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. ▇▇▇▇▇▇ 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 Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder term and 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. 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 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. 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 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. 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 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 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 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 ▇▇▇▇▇▇▇▇ 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. 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 ▇▇▇▇-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric ▇▇▇▇ for the Building if not separately metered or if only partially separately metered to the Leased Premises (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 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 (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 ▇▇▇▇ 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 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 ▇▇▇▇ 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. 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 ▇▇▇▇▇, 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 a. LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or ascribed to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of ▇▇▇▇▇▇’s invoice. ▇▇▇▇▇▇ agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the LESSOR or the utility owner. b. The LESSEE agrees to 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, ▇▇▇▇▇▇ 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. 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 abat▇ ▇▇▇t 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 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 ▇▇▇▇ is obtained from any such utility company as of the Closing, the Seller shall pay during such ▇▇▇▇ on or before the Lease Term and prior to delinquency Closing. If such ▇▇▇▇ shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such ▇▇▇▇, pay all such utility charges for water, gas, light, heat, power, electricity, telephone as evidenced by such ▇▇▇▇ 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 ▇▇▇▇ which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), shall not be 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 notwithstanding▇▇▇▇▇▇ Property, Landlord agrees that the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if 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. 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 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 ▇▇▇▇ ▇▇▇▇▇▇▇ 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 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 comm▇▇▇▇▇g at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be 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 exce▇▇ ▇▇ 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 ▇▇ ▇roportion to the part rendered untenantable and Tenant) following such forty-eight (48) hour period until such Services are restorednot so used.

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 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. (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 b▇▇▇ 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 b▇▇▇ 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, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay that during the Lease Term the Demised Premises shall be connected to the electric and prior gas lines serving the municipality wherein the Demised Premises are located and to delinquency the water and sewer systems of such municipality. Landlord agrees that during the Lease Term (i) all charges for such water, gas, light, heat, power, electricity, telephone or other communication serviceand gas shall be in such amounts per unit of time as shall be required by the provisions of Schedule C (including, janitorial servicewithout limitation, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services"sufficient water for air conditioning) and (ii) all taxes, levies, fees or surcharges therefor. Tenant such sewerage disposal facilities shall arrange be of such capacity as shall be required by the provisions of Schedule C. If for Services to be supplied to any reason the Demised 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 connected to the Premises, or if any of the Services are not separately metered as of such municipality's water and/or sewer systems on the Commencement Date, the cost Landlord shall then provide water and/or sewer systems which (i) shall be of such Services capacity as shall be an Operating Expense required by the provisions of Schedule C, (ii) shall be subject to the prior written approval of Tenant and (iii) shall meet the requirements of all public authorities having jurisdiction with respect thereto. Except as necessary to make required repairs or alterations, Landlord shall not take, or permit any occupant of the Shopping Center or any person claiming under Landlord or any such occupant to take, any action which shall interrupt, or interfere with, any electric, gas, water, sewerage or telephone service to the Demised Premises. Landlord shall provide Tenant with reasonable written notice (not less than 3 days in advance) of any action which is likely to interfere with or interrupt such services to the Demised Premises, including action reasonably necessary to make required repairs or alterations, and Landlord shall pay not take, or give permission to any occupant of the Shopping Center or any person claiming under Landlord or any such cost occupant, to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that take any such action without Tenant's proportionate share of consent, which shall not be unreasonably withheld or delayed. Notwithstanding such Services notice, in the event that Landlord causes or permits any such interruption or interference to occur and continue for longer than one (1) day, ▇▇▇▇▇▇'s Minimum Rent shall be the percentage obtained by dividing the gross leasable square footage contained abated for each additional day that such interruption or interference continues 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 proportion to the contrary notwithstanding, Landlord agrees that if Services are curtailed interruption 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 restoredinterference.

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 ▇▇▇▇▇ 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. 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 separately metered water, gas, heat, light, heatelectric, powertelephone, electricity, telephone or other communication service, janitorial service, trash pick-uptelecommunication, sewer and sprinkler charges and for other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities, and shall furnish all other electric light bulbs and tubes. If any utilities serving the Premises are not separately metered, Tenant shall pay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange for Services have no right to terminate this Lease nor shall Tenant be supplied entitled to the Premises and shall contract for all of the Services any abatement in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason Rent as a result of any such interruption or failure by of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Tenant acknowledges that Landlord and/or Tenant may from time to so contract for Services. In the event that any of the Services cannot time be separately billed requested or metered required to obtain, report and/or disclose certain energy consumption information with regard to the Premises, which may include, without limitation, benchmarking data for the U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager and information relating to compliance with “green building” initiatives, including, if applicable, the Leadership in Energy & Environmental Design (LEED) certification program. Tenant shall throughout the Term comply with all Federal, State or if local laws, rules and regulations relating to consumption of utilities, energy or energy efficiency (as they may be in enacted or in effect from time to time, “Energy Regulations”), and Tenant shall, upon request by Landlord or Landlord’s lender, deliver and/or disclose such information regarding the consumption of utilities at the Premises as may be required to comply with applicable Energy Regulations. Further, ▇▇▇▇▇▇ authorizes Landlord to disclose such information and data regarding the Premises as may be requested or required from time to time to comply with Energy Regulations. Notwithstanding anything to the contrary contained in this Lease, ▇▇▇▇▇▇ agrees that 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 the Services are not separately metered as Premises. Furthermore, Tenant agrees to provide Landlord with ▇▇▇▇▇▇’s energy consumption data within thirty (30) days after ▇▇▇▇▇▇▇▇’s request for the same. Tenant acknowledges that pursuant to applicable laws, Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Commencement DateBuilding (the “Tenant Energy Use Disclosure”). Tenant hereby (i) consents to all such Tenant Energy Use Disclosures, and (ii) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. ▇▇▇▇▇▇ agrees to take such further actions as are necessary in order to further the cost purpose of this paragraph, including, without limitation, providing to Landlord the names and contact information for all utility providers serving the Premises, copies of utility bills, written authorization from Tenant to any such Services shall be an Operating Expense and Tenant shall pay such cost utility company to release information to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be and any other relevant information reasonably requested by Landlord or 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 Servicesapplicable utility company. 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 terms of this Lease and pay all Rentals due hereunder, all without diminution, credit Paragraph 10 shall survive the expiration 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 earlier termination 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 restoredthis Lease.

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. 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 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. 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 ▇▇▇▇ 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. 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 ▇▇▇▇ 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. 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 P▇▇▇▇▇▇▇▇ ▇, 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 ▇▇▇▇▇▇ 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. 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. 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 b▇▇▇ 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. Tenant acknowledges that Rent does not include the cost of supplying utilities to the Premises and agrees to pay all charges for heat, electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises and presently separately metered, except for water and sewer; provided, however, that Tenant shall be responsible for all wastewater inspection charges pertaining to Tenant’s use of the Building’s wastewater discharge system. Landlord agrees to provide, at provide (and shall include such provision in its cost, water, electricity Operating Costs) all other utility service and telephone service connections into to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises; but , the hallways, stairways, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining electricity, service, or supplies from the sources from which they are usually obtained for the Building, or to any other cause beyond the Landlord’s control. HVAC shall be separately metered and available at all times of the day and night for Tenant’s use. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of the Service Failure and ending on the day the service has been restored and if the Service Failure continues for a period in excess of ninety (90) consecutive business days, Tenant may terminate this Lease upon written notice to Landlord at any time thereafter before Landlord cures such Service Failure. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment. For the avoidance of doubt, except for the express remedies set forth in this paragraph under no circumstances will Landlord be liable to Tenant for any damages, costs, expenses, lost profits, or consequential damages as a result of a Service Failure irrespective of the cause. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date of this Lease. In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be subject to the prior written consent of the Landlord and shall be Tenant’s sole cost and responsibility, including, without limitation, compliance with all applicable legal requirements. Except as otherwise provided in Article 5, it is understood and agreed that Tenant shall pay during make its own arrangements for the Lease Term installation or provision of all such utilities and prior that Landlord shall be under no obligation 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 furnish any 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 liable for any interruption or failure in the supply of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered such utilities 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 pay, as Additional Rent all taxes, assessments, charges/deposits, and prior to delinquency all bills for utilities, including without limitation charges for water, gas, lightoil, heat, powersanitary and storm sewer, electricity, telephone service, and trash collection, which may be charged against the occupant of the Improvements during the Term. If an Event of Default occurs hereunder and is not cured within any applicable grace period, Tenant shall thereafter, at Landlord's election, deposit with Landlord on the first day of each month during the remaining Term, a sum equal to one-twelfth (1/12th) of the amount of the annual utility expenses for the preceding Lease Year, which sums shall be used by Landlord to pay such utilities. If, at any time during the Lease Year, such funds held by Landlord are insufficient to cover monthly, annual, or other communication serviceperiodic charges for utilities, janitorial serviceTenant shall, trash pick-upon demand pay to Landlord any additional amount needed to pay such utilities. Landlord's receipt of such payments shall only be an accommodation to Tenant and the utility companies and shall not constitute rent or income to Landlord. If, sewer at any time during the Lease Year, such funds held by Landlord are in excess of the total monthly, annual or other periodic payment necessary to satisfy utility costs, such excess amounts shall be applied to Tenant's escrow fund for the next payment of such utilities. If any such excess exists following the expiration or earlier termination of the Lease and after all other services supplied utility bills and accounts have been settled, Landlord shall, subject to or consumed on the Premises (collectively the "Services") and all taxesSection 9.08 below, levies, fees or surcharges thereforpromptly refund such amounts to Tenant. Tenant shall arrange for Services at all times maintain that amount of heat necessary to be supplied ensure against the freezing of water lines. Tenant hereby agrees to indemnify and hold Landlord harmless from and against any liability or damages to the Premises utility systems and shall contract for all of the Services in Leased Property that may result from Tenant's name prior failure 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 maintain sufficient heat 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 restoredImprovements.

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 ▇▇▇pany providing such utility, as the case may be, with respect to any utility for which payment is demanded. SECTION 4.2. Landlord shall not be liable in any way to Tenant 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 Authori▇▇ ▇r Governmental Authorities, as the case may be, with respect to the Taxes for which payment is demanded.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Section 8.01. While 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 is occupying the Premises and is not in default under this Lease, Landlord shall contract furnish Tenant with the following services: (a) potable water (b) heating, ventilating, and/or air conditioning in season on business days from 7:00 a.m. to 6:00 p.m. (c) electric lighting for public areas and special Services Areas of the Building all of which services shall be provided to Tenant by Landlord and paid for by Landlord as part of the Services in Operating Expense Allowance. If Tenant requires air conditioning or heating outside the hours and days specified above, Landlord shall furnish it only at Tenant's name prior request, and Tenant will bear the entire charge therefor which will be an amount equal 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 rate charged to Landlord, as Additional Rentat that time, as provided in Paragraph 12 belowplus a reasonable fee to cover Landlord's overhead costs, except with a two-hour minimum. With respect to such after hours costs, Landlord acknowledges that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained current after hours charge is $35.00 per hour. Whenever machines or equipment that generate abnormal heat are used in the Premises by Tenant which affect the temperature or humidity otherwise maintained by the central air conditioning system, Landlord will have the right to install supplemental air conditioning units in the Premises, and the full total gross leasable cost thereof, will be paid by Tenant to Landlord on demand. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of special lighting relamping and ballasts within the Premises after initial installation of such items. Section 8.02. While Tenant is occupying the Premises and is not in default under this Lease, Landlord will furnish sufficient power for lighting and for typewriters, dictaphones, personal computers, calculating machines, and other normal office machines of similar low electrical consumption, all of which power shall be paid for by Landlord as a part of the Operating Expense Allowance. Tenant agrees that Landlord's aforesaid obligation does not include the provision of power for: (a) special mainframe type computers and/or electronic data processing equipment, (b) special lighting which has electrical consumption in excess of the Building Standard lighting, or (c) any item that consumes more than 0.5 kilowatts at rated capacity or requires a voltage other than 120 volt single phase and such consumption by Tenant shall be deemed excessive usage for which Tenant shall pay Landlord upon receipt of an invoice for the cost to Landlord of such usage. Notwithstanding the aforementioned, Tenant acknowledges that the Building electrical feeders have normal design limitations, such that (i) in no event shall lighting have a design load greater than an average of 2.00 ▇▇▇▇▇ per Usable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever foot, and (ii) collectively, Tenant's equipment and lighting shall not affect any obligation have an electrical design load greater than an average of Tenant hereunder, and Tenant shall faithfully keep and observe all 3.75 ▇▇▇▇▇ per Usable square foot. Upon the terms, conditions and covenants existence of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstandingTenant's excess electrical requirements, Landlord agrees that if Services are curtailed or suspended may, at its option, upon not less than 30 days prior written notice to Tenant, discontinue electric services to the Premises as a result until Tenant reduces its power consumption to the permissible limits. Landlord will not be liable in any way to Tenant for failure or defect in the supply or character of electric energy or any other utility service furnished to the Premises because of any requirement, act, or omission of the acts or negligence or willful misconduct public utility servicing the Building. All installations of Landlord for a period of forty-eight (48) consecutive hours during electrical fixtures, appliances, and equipment within the Lease Term, then Tenant's Rent payable hereunder Premises shall be equitably abated subject to Landlord's prior approval. Landlord's obligation to furnish utility services shall be subject to the extent such curtailment rules and regulations of any municipal or suspension other governmental authority regulating the business of Services interferes with providing utility services. When Tenant's use of the Premises consumes power in excess of the Building Standard lighting and for typewriters, dictaphones, calculating machines and other normal office machines of similar low consumption, then the usage of such additional consumption shall be determined, at Landlord's election, either (as reasonably determined i) by a survey performed by a reputable consultant selected by Landlord (and paid for by Tenant when such additional consumption is proven), or (ii) by separate meter in the Premises to be installed, maintained and read by Landlord at Tenant) following such forty-eight (48) hour period until such Services are restored's sole expense. Section 8.03. Failure to furnish, or any stoppage of, the services provided for in Article 7 above and in this Article 8 resulting from any cause will not make Landlord liable in any respect for damages to either person, property, or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of Rental, nor relieve Tenant from its obligations under this Lease. Landlord will, with reasonable diligence, repair any malfunction of the Building Improvements or facilities, but Tenant will have no claim for rebate, abatement of Rental, or damages because of any malfunctions or interruptions in service.

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. (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 agrees to provideDuring each calendar year or part thereof during the Lease Term, 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, the actual cost incurred by Landlord with respect to all electricity, water, gas, fuel, steam, light, power and other utilities consumed within the Premises, as provided more particularly described in Paragraph 12 below, except that Tenant's proportionate share of this Section 4.7 (all such Services costs payable by Tenant pursuant to this Section 4.7 shall be the percentage obtained by dividing the gross leasable square footage contained in referred to as “Tenant’s Monthly Utility Charge”, and all such amounts shall constitute rent hereunder). All electricity directly serving the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack (“Direct Electrical Costs”) shall be separately metered or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, submetered and Tenant shall faithfully keep pay the cost (without ▇▇▇▇ up by Landlord) of all such Direct Electrical Costs either to Landlord as a reimbursement, or, at Landlord’s election, as a payment directly to the entity providing such electricity. With respect to all utility costs for the Premises other than Direct Electrical Costs (collectively, “Other Utility Costs”), Landlord shall have the right, from time to time, to equitably allocate some or all of such Other Utility Costs among cost pools for different portions or occupants of the Building, in Landlord’s reasonable discretion. Such cost pools may include, but shall not be limited to, office space tenants and observe all retail space tenants of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionBuilding. The immediately preceding sentence utility costs within each such cost pool shall be allocated and charged to the contrary notwithstandingtenants within such cost pool in an equitable manner. With respect to Other Utility Costs that vary based on occupancy, such if the Building is not at least one hundred percent (100%) occupied during all or a portion of any month, Landlord agrees shall elect to make an appropriate adjustment to the components of Other Utility Costs for such month to determine the amount of Other Utility Costs that if Services would have been incurred had the Building been one hundred percent (100%) occupied; and the amount so determined shall be deemed to have been the amount of Other Utility Costs for such month. Payments on account of Tenant’s Monthly Utility Charge are curtailed due and payable monthly together with the payment of Base Rent. Tenant’s Monthly Utility Charges shall not be based upon the Base Year. Notwithstanding the foregoing, with respect to HVAC (as defined below), Landlord owns and operates a central plant which generates both hot and cold water to be used for artificial heating and cooling of building improvements in the Project, including, but not limited to, the Premises, and to heat culinary water used by the occupants and guests of the Project, including, but not limited to, the Premises. Landlord shall deliver hot and cold water to their respective points of connection to the Premises, with hot water being delivered at a temperature of not less than 180°F and chilled water being delivered at a temperature of no warmer than 45°F, or suspended sufficiently hot/cool so as maintain 72°F air temperature in cooling mode and 70°F air temperature in heating mode in the Premises. Tenant, at Tenant’s sole cost and expense, shall maintain all HVAC facilities from the point of connection to the Premises as a result and Landlord shall maintain all HVAC facilities serving the Project generally, up to their point 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 connection to the extent such curtailment or suspension of Services interferes with Tenant's use of Premises. Tenant shall pay Landlord, as additional rent, $1.26 per cooling per one hundred thousand BTU and $2.62 per heating per one hundred thousand BTU, which rates are subject to change from time to time based on increases in the Premises (as reasonably determined utility costs charged to Landlord by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe applicable utility companies.

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 To the extent permitted by applicable utility service providers, Tenant shall transfer all utility accounts into Tenant’s name promptly upon taking possession of the Premises. Tenant shall pay, prior to providedelinquency, at its costfor all utilities (including, without limitation, 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 and all trash), and for cable, internet and other similar 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, as applicable, regardless of whose name the accounts are in. Landlord makes no representation or if warranty as to any of the Services are utilities or services and shall not separately metered as of the Commencement Datebear any responsibility or liability in connection with such utilities or services, the cost of such Services including but not limited to liability for service interruptions. HOUSE RULES: There shall be an Operating Expense and no smoking anywhere within the house, garage or any other structure located at the Premises. Tenant shall pay such cost not permit any occupant, guest or invitee 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 Servicesviolate this rule. 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 only use of the Premises (shall be as reasonably determined a private residence. Other than Tenant’s immediate family members, no other persons shall reside in the Premises without the written consent of Landlord. Up to three guests shall be permitted to stay at the Premises, but not for more than seven days without prior written approval of Landlord. No pets shall be brought or allowed on the Premises without the prior consent of Landlord, in Landlord’s sole discretion. Pet privileges, if granted, may be revoked at any time by Landlord if cleanliness or property damage issues arise. Tenant shall not keep or have at or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion at or around the Premises or that might result in increased premiums or otherwise be considered hazardous by an insurance company. Tenant shall not cause or permit any lien or encumbrance to be filed or recorded against the Premises. Tenant, its occupants, guests and other invitees shall not behave in any manner that is unlawful, disorderly or that disturbs the neighbors or other persons. A copy of the additional house rules and regulations, if any, has been provided to Tenant) following such forty-eight (48) hour period until such Services . Tenant shall abide by, and shall cause Tenant’s family members, occupants, guests and other invitees to abide by all house rules, which are restoredincorporated herein by reference and hereby made part of this Agreement. Tenant shall be solely responsible and liable for the conduct of all of Tenant’s occupants, guests and other invitees.

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 provided to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforProject. Tenant shall arrange obtain utility services for Services to be supplied the Premises in Tenant’s own name and timely pay for the costs therefor directly to the Premises respective utility provider. Tenant may select its own telecommunications or data service and shall contract will pay the cost therefor, and Landlord will not be responsible for all of the Services in Tenant's name prior providing any such service connections to the Commencement DateBuilding. The Commencement Date Landlord shall not be delayed by reason of responsible or liable for any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed interruption in utilities or metered to the Premisesservices, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, constitute an eviction, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease. Notwithstanding the foregoing, if any interruption or discontinuance of 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 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 or its employees, or by any person acting for a period Landlord or on its behalf, and if such interruption or discontinuance continues beyond 3 consecutive business days and materially and adversely affects Tenant’s ability to conduct its business in the Premises, and on account of forty-eight (48) consecutive hours during the Lease Termsuch interruption or discontinuance, 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 Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall ▇▇▇▇▇ 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 acknowledges that, under the Existing Lease, Tenant is currently already contracting with companies providing such utilities or services to the Project, Building or the Premises, and Tenantagrees that such companies may continue to provide such services under this Lease. Upon written request no more often than once a quarter, Tenant shall provide to Landlord reasonable utility consumption data and other related information (or, 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 (American Society of Heating, Refrigerating and Air Conditioning Engineers) following such forty-eight (48) hour period until such Services are restored.energy audits of the Building and Project. ​

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 Tenant or consumed by Tenant on the Premises (collectively the "“Services"”) and all taxes, levies, fees or surcharges therefor. Prior to the Commencement Date, Tenant shall arrange directly arrange, and directly contract in Tenant’s name, for all Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement DatePremises. 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 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 ’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. As of the Commencement Date, gas, electricity and water shall be separately metered for the Premises. 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 reasonable 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 (except for a lack or shortage proximately caused by the gross negligence or willful misconduct Landlord or that of its agents or employees) 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 Tenant acknowledges and agrees that in no event shall Landlord be liable to Tenant for any consequential damages, such as lost profits, loss of business or lost income, if there is any lack or shortage of any Services or utilities 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 to provideSubtenant shall make its own arrangements with the applicable utility companies for the provision of all utilities and services, at its costincluding, without limitation, 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, electricity, gas, lightheating fuels, heat, power, electricity, and telephone or other communication service, janitorial servicewhich are required for the use of the Sublet Premises for the Permitted Uses, trash pick-up, sewer and shall pay when due 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 charges therefor directly to the Premises and shall contract for all of company which provides such service. If Sublandlord is notified that a lien will be placed upon 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 Sublet Premises as a result of Subtenant's non-payment of any such utility charge, then Sublandlord may pay such charges and notify Subtenant thereof, and Subtenant shall pay the acts same to Sublandlord as Additional Rent with the next installment of Base Rent becoming due. In no event shall Sublandlord be responsible for charges for any utilities or negligence services consumed by Subtenant at the Sublet Premises. If, for any reason whatsoever other than a negligent act or willful misconduct omission or a WMI act or omission of Landlord Subtenant, its officers, directors, employees, contractors, servants or agents, or a default by Subtenant hereunder, any utilities or services which are required for Subtenant's use of the Sublet Premises for the Permitted Uses are interrupted, Tenant shall promptly so notify Sublandlord in writing. If resumption of such utilities or services does not occur within sixty (60) days after the commencement of such interruption, and the lack of such utilities or services continues to materially impair Subtenant's then-current use of the Sublet Premises or a material portion thereof, Subtenant shall have the right to terminate this Sublease at any time thereafter while such interruption continues by giving to Sublandlord a written notice of termination stating the date on which this Sublease shall terminate. If the unavailability of such utilities or services materially impairs Subtenant's then-current use of the Premises or a material portion thereof for a period of forty-eight more than ten (4810) consecutive hours during the Lease Termdays, then Tenant's Rent payable hereunder shall be equitably abated proportionately according to the extent such curtailment or suspension of Services interferes with Tenantto which the Subtenant's use and occupancy of the Sublet Premises (are so affected, for the period commencing on the date such utilities or services became unavailable and ending on the date on which such -condition is cured or this Sublease terminates, as reasonably determined by Landlord and Tenant) following the case may be. Subtenant shall not connect to the Building's electrical system any equipment which operates in excess of the current capacity of such forty-eight (48) hour period until such Services are restoredsystem without Sublandlord's prior written consent.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant The Lessee shall pay all bills, when due, which may be incurred during the Lease Term for all utilities and prior utility-related services to delinquency the Leased Premises including, without limitation, all charges for waterlight, electric power, gas, light/propane, heat, powerwater (including potable and fire sprinkler water), electricitysewer, telephone or other communication service, janitorial servicestorm sewer, trash pick-upremoval, sewer telephone, cable and any and all other charges or fees for utilities and/or utility services supplied to imposed by any governmental or consumed on the Premises quasi-governmental entity, authority or utility provider (collectively the "ServicesUtilities") and any and all taxesother fees, leviescosts, fees expenses or surcharges therefor. Tenant shall arrange for Services charges applicable to be supplied all Utilities consumed by the Lessee or applicable to the Leased Premises. In addition, the Lessee shall pay, when due, its Proportionate Share of all bills which may be incurred for all Utilities to the common areas of the Building (if any), the Parking Area, the Access Area and the Real Property. If the Utilities to the Leased Premises are separately-metered, then the Lessee shall pay all bills therefor when due directly to the utility company providing such Utilities and if the Utilities are not separately-metered, then the Lessee shall pay to the Lessor its Proportionate Share thereof. Should the Lessee fail to pay any bills as aforesaid, the Lessor shall have the right, after providing written notice to the Lessee and Lessee's failure to pay the same within ten (10) days after the date of Lessor's notice, to pay the same, and the amount so paid shall be chargeable to the Lessee as Additional Rent and shall contract for be paid immediately with interest allowable at the Prime Rate plus five percent (5%), from the date of such payment by the Lessor. Except as otherwise hereinafter set forth, all of the Services in Tenant's name prior Utilities to the Commencement DateLeased Premises shall be either (i) separately-metered and billed directly to the Lessee by the utility company(ies) providing such utility(ies), in which case, the Lessee shall pay the utility company(ies) directly, or (ii) sub-metered (through an “Emon Demon” or other type of sub-meter) to measure the consumption of such utility(ies) within the Leased Premises, in which case, the Lessee shall pay to the Lessor the Lessee’s applicable share of such utility(ies) for the Leased Premises as determined by such sub-meter, or (iii) determined by the utility service provider(s) based upon its fee or rate schedule, in which case, the Lessee shall pay to the Lessor the Lessee’s applicable share of such utility(ies) for the Leased Premises as determined by the Lessor based upon such applicable fee or rate schedule. The Commencement Date foregoing notwithstanding, however, sanitary sewer services, storm water services and stand-by water for fire protection services for the entire Building 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 separately-metered or sub-metered, but rather shall be separately billed or metered with respect to the Premisesentire Building and the Lessee shall, therefore, pay to the Lessor the Lessee’s Proportionate Share of such costs. Finally, Lessor and Lessee hereby acknowledge and agree that certain Utilities to the Leased Premises may be separately-metered or if any sub-metered by Lessor within a reasonable period of the Services are not separately metered as of time following the Commencement Date, at which time Lessor will cause all Utilities to be separately-metered or sub-metered. During such period of time, such Utilities may be provided to the cost entire Building without such separation or sub-meter and, therefore, during such period of time, the Lessee shall pay to Lessor the Lessee’s Proportionate Share of the costs of such Services shall Utilities to the entire Building as may be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided for in Paragraph 12 below8. The Lessee shall, except upon the request of the Lessor, provide the Lessor with a signed Written Request and Authorization Form authorizing all utility companies that Tenant's proportionate share provide direct, separately-metered utility service(s) to the Leased Premises (i.e., utility services which are provided to the Leased Premises and which are billed directly to the Lessee and not through the Lessor as a pass-through expense) to provide to the Lessor any information requested by the Lessor regarding the demand, usage and consumption of such Services shall be utility(ies) within the percentage obtained by dividing Leased Premises. The Lessor may utilize any such utility demand, usage and consumption information for, inter alia, purposes of comparing the gross leasable square footage contained in utilities used within the Premises Building with utility consumption within other buildings owned and/or managed 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.

Utilities. Subject to Landlord's ability to do so, 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 supply 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 cause to be supplied to the Premises electricity and other utilities for the reasonable use of the Premises for their intended purposes. Tenant shall contract promptly pay for, as and when they fall due, to Landlord or as Landlord shall from time to time direct, all costs of supplying water, electricity, gas, steam and other utilities to or in respect of the Premises, and all costs for all of the Services fittings, connections and meters and all work performed in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of connection with any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed services or metered utilities provided to the Premises, . Tenant shall promptly execute and deliver any agreements required by Landlord or if any by utilities suppliers in respect of the Services are supply of any utilities to the Premises. Tenant's use of any such utilities shall not separately metered as exceed the available capacity of the Commencement Dateexisting systems from time to time. Should there be no individual meters for the measurement of the consumption of any utilities supplied to the Premises then Landlord, acting reasonably, may allocate the cost of such Services utilities among the various users thereof. If required by Landlord, Tenant shall install at its expense a separate meter or meters to measure the consumption of any or all utilities in the Premises. The cost of any utilities which are not charged to tenants of the Project individually shall be an included in Operating Expense Costs. Heating and Air-Conditioning Tenant shall pay heat and, where applicable, air-condition the Premises in a reasonable manner at Tenant's expense using heating and, where applicable, air-conditioning equipment installed in the Building. If the heating, ventilating, air-conditioning or humidity control equipment in or serving the Premises shall require maintenance, repair or replacement, Tenant at its expense shall promptly attend to the same in accordance with the manufacturer's or supplier's specifications and instructions. Tenant shall at its expense maintain a service contract for such cost to equipment in or serving the Premises, with a contractor approved in advance in writing by Landlord, as Additional Rentand shall ensure that Landlord is at all times in possession of a copy of such service contract and shall promptly deliver to Landlord copies of regular inspection reports and details of repairs. Landlord shall not be responsible for the inadequacy of any heating or air-conditioning of the Premises. If Tenant fails to so maintain, repair or replacement of any of the heating, ventilating, air-conditioning and humidity control equipment, and does not rectify such failure within the applicable cure period provided in section 16.1 after notice from Landlord, Landlord shall be entitled thereafter to itself attend to the maintenance, repair and replacement of such equipment, in which case the cost of such maintenance, repairs or replacement shall either be charged to Tenant or included in Operating Costs, 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 restoredto be appropriate pursuant to the applicable provisions of this Lease.

Utilities. Landlord agrees Tenant shall pay directly to provide, at its cost, water, the utility provider all electricity and telephone service connections into charges used at 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 together with any taxes, leviespenalties, fees or surcharges thereforsurcharges, maintenance charges (except to the extent Landlord is obligated to maintain the Utility Infrastructure), and the like pertaining thereto. Tenant shall arrange for Services to be supplied obtain telephone and computer line service to the Premises Premises. Except for electricity and telephone service, Tenant's use of all utilities shall contract be part of Tenant's Costs; provided, however, if Tenant's use of any utility exceeds building-standard service, Landlord may, at Tenant's expense, separately meter and ▇▇▇▇ Tenant as a portion of Tenant's Costs (but at the full cost, not Tenant's Proportionate Share thereof) directly for all its use of any such utility service, in which case, the Services amount separately billed to Tenant for above building-standard utility service shall not be duplicated in Tenant's name prior obligation to pay additional rent under Paragraph 2C. If Landlord fails to maintain 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, Utility Infrastructure as provided in Paragraph 12 below, except 4A such that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained business in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage is materially and adversely affected (for purposes of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderthis Section 8, and "Landlord's Utility Failure"), Tenant shall faithfully keep and observe all the terms, conditions and covenants notify Landlord of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionLandlord's Utility Failure. 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 If Landlord's Utility Failure continues for a period of forty-eight three (483) consecutive hours during the Lease Termbusiness days following Tenant's notice to Landlord, then Tenant shall thereafter be entitled to an equitable abatement of Rent until such failure is cured. If Landlord commences cure of Landlord's Utility Failure within three (3) business days after Tenant's Rent payable hereunder notice, and thereafter diligently pursues cure, then beginning with the sixth (6th) consecutive business day of Landlord's Utility Failure, Tenant shall be equitably abated entitled to the extent such curtailment or suspension a day of Services interferes with Tenant's use Rent abatement for that portion of the Premises materially and adversely affected by Landlord's Utility Failure for each day that such failure continues. If Landlord does not timely commence cure, and Landlord's Utility Failure continues for a period of thirty (as reasonably determined 30) consecutive business days following Tenant's notice, Tenant may terminate this Lease by Landlord and Tenant) following delivering written notice of such forty-eight (48) hour period until such Services are restoredtermination to Landlord.

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 any time and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the building(s) of which the Premises are a part. 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 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 a▇▇▇▇ the rent due hereunder.

Utilities. Landlord agrees Except where provided to providethe contrary below, Tenant shall be responsible, at its costTenant’s sole cost and expense, water, electricity for obtaining all utility connections at or for the Leased Hangar and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, electricity, gas, light, heat, power, electricitysewer, telephone or any other communication serviceutility connections, janitorial serviceimpact fees, trash picktap-up, sewer in fees and services furnished to the Leased Hangar during the term hereof. Tenant agrees to contact all other services supplied utility service providers prior to any excavation or consumed digging on the Leased Hangar or the premises in and around the Leased Hangar. Landlord shall in no event be liable or responsible for any cessation or interruption in any such utility services. A. Notwithstanding the foregoing, Landlord and Tenant hereby acknowledge and agree to the terms and conditions contained in Exhibit D – Utility Expense Reimbursement Addendum attached hereto and incorporated herein by reference wherein it sets forth which utility services will be provided and paid for by the Landlord and subsequently reimbursed by Tenant upon demand. B. If Tenant is the responsible party for obtaining any of the utility connections at or for the Premises, any access or alterations to the Premises or to the Airport necessary to obtain any of such utility connections may be made only with Landlord's prior consent and at ▇▇▇▇▇▇'s sole expense. C. In the event Tenant fails to pay any utility or connection charges for which ▇▇▇▇▇▇ is responsible, Landlord shall have the right (collectively but not the "Services"obligation) and all taxes, leviesto pay or cause to be paid such charges, fees or surcharges therefor. expenses, incurred by Tenant shall arrange for Services and the costs thereof expended by or caused to be supplied expended by Landlord plus interest thereon as provided in Paragraph 40 of this Lease shall be paid by Tenant upon written demand. D. Prior to executing this Lease Tenant acknowledges that it has, at its sole costs and expense, determined that all necessary utilities are available to the Premises and shall contract are adequate 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 intended commercial use, and that there are no other utility services needed or required by Tenant to so contract at the Premises in connection herewith. E. 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 any 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 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 (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 ▇▇▇▇▇ 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 Tenant shall pay during the Lease Term and prior to delinquency utility provider directly for all charges for waterseparately metered or contracted utilities serving 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 all along with any taxes, leviespenalties, fees or surcharges thereforrelated thereto. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all As of the Services Effective Date, water and sewer services are not separately metered and the cost for Tenant’s use of same shall be included in Tenant's name prior to the Commencement DateOperating Expenses. The Commencement Date shall For so long as water and sewer services 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 to the Premises, ▇▇▇▇▇▇ agrees to limit use thereof to amounts consistent with normal restroom, break room, and office use. In the event Tenant’s use of water and sewer services materially exceeds the foregoing, then notwithstanding any provision of this Lease to the contrary it shall not constitute an Event of Default, provided, however, that in such event, Landlord may separately meter the water and sewer services, at Tenant’s expense, and may require Tenant to pay the service provider directly. Notwithstanding the foregoing, upon prior written notice to Tenant, and provided that: (i) such utilities are priced at, or if any below, local utility provider rates, and (ii) that there is no reduction of service level for such utility from the Services are not separately metered service level as of the Commencement Datedate of the Landlord transfer, Landlord may transfer the cost electric and utility accounts held by Tenant at the Premises to the name of Landlord, or an appointed intermediary of Landlord. In the event Landlord transfers the utility accounts, Landlord shall timely pay all invoices from such Services utility service providers. Tenant shall reimburse Landlord, or ▇▇▇▇▇▇▇▇’s appointed intermediary, for such utility services consumed at the Premises no later than thirty (30) days from receipt of an invoice for such utility services, which shall include units consumed at the Premises during such billing period.  Subject to Landlord’s review of the final plans for same and any applicable Legal Requirements, Tenant shall be an Operating Expense permitted to perform Tenant-Made Alterations (defined below) consisting of installing separate water and sewer service meters at the Premises. Thereafter, Tenant shall pay such cost to Landlord, as Additional Rent, as provided the utility provider directly for Tenant’s use of water and sewer services at the Premises. The Tenant-Made Alterations contemplated in Paragraph 12 below, except that Tenant's proportionate share of such Services this paragraph shall be the percentage obtained by dividing the gross leasable square footage contained performed in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicescompliance with Section 13. 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. 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 ▇▇▇▇▇ 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. Landlord agrees Sublandlord shall use commercially reasonable efforts to provide, at its cost, water, electricity and telephone service connections into (i) cause the Premises; but Tenant shall pay during the Lease Term and prior applicable utilities providers to delinquency all charges for water, gas, light, heat, power, furnish electricity, telephone or other communication service, janitorial service, trash pick-up, sewer water and all other services supplied to or consumed on the Premises gas (collectively the "Services"“Building Utilities”) 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(ii) provide heating, 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 ventilating 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 air conditioning (“HVAC”) to the Premises as a result further defined below. Provided that Subtenant’s usage of HVAC and Building Utilities is typical for standard office use in Sublandlord’s reasonable judgment, Sublandlord will invoice Subtenant for Subtenant’s Percentage – Building of any and all costs, fees and charges paid or incurred by Sublandlord in connection with HVAC and Building Utilities, and Subtenant shall pay such invoices within thirty (30) days of its receipt of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours same. Sublandlord shall use commercially reasonable efforts to provide HVAC to the Premises during the Lease Termhours of 8:00 a.m. – 6:00 p.m. Monday through Friday and 8:00 a.m. – 12:00 p.m. Saturday (“Building Hours”). Furthermore, then Tenant's Rent payable hereunder HVAC shall be equitably abated available to the extent such curtailment or suspension Subtenant at any time other than Building Hours, and at any time on Zynga Holidays (defined below) (collectively, “After Hours HVAC”). The availability of Services interferes with Tenant's After Hours HVAC will be provided to Subtenant by way of Subtenant’s use of the Building HVAC control system which will monitor and record the hours of Subtenant’s After Hours HVAC usage. Should Subtenant’s usage of After Hours HVAC at any time exceed that of Sublandlord’s usage of the same by more than ten (10) hours per month (“Excess Usage”), Subtenant shall pay for any such Excess Usage at the rate of Fifty and 00/100 Dollars ($50) per hour (or fractional portion thereof), and Subtenant shall pay such costs to Sublandlord as Additional Rent (such amounts being payable by Subtenant within thirty (30) days of its receipt of any invoice for the same). For all purposes of this Sublease, “Zynga Holidays” shall mean the following nationally recognized holidays and/or other holidays recognized and observed by Sublandlord: (i) ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇. Day; (ii) Presidents’ Day; (iii) Memorial Day; (iv) Independence Day; (v) Labor Day; (vi) Veterans’ Day (observed on November 12, 2012 and November 11, 2013 during the Sublease Term); (vii) Thanksgiving Day; (viii) the day after Thanksgiving Day (observed on November 23, 2012 and November 29, 2013 during the Sublease Term); (ix) Christmas Eve; (x) Christmas Day; (xi) New Year’s Eve; and (xii) New Year’s Day. Subtenant shall be solely and separately responsible for the cost of and shall pay the cost of and shall separately arrange for (and, at Subtenant’s expense, cause the same to be billed to Subtenant) telephone, cable television, janitorial service and any other utilities (aside from the Building Utilities) or services consumed by Subtenant in or with respect to the Premises. Without limitation upon Section 6.2 of the Original Lease, the failure of Subtenant to obtain or to continue to receive such services and utilities for any reason whatsoever shall not relieve Subtenant of any of its obligations under this Sublease. Any contractor employed by Subtenant to perform services in the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredshall be subject to Sublandlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed.

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 ▇▇▇▇ for the Lot on which the Premises are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and shall contract for all of the Services in Tenant's name prior to the Commencement Dateany 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 6.4 above. The amount of Tenant's Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, 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 for 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 LANDLORD is responsible for providing the following utilities only: NONE. The 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 and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or consumed on trash removal is considered a utility under this lease. If the Premises (collectively utilities which TENANT is responsible for are still in LANDLORD's name at the "Services") and all taxestime TENANT takes occupancy, levies, fees or surcharges therefor. Tenant TENANT agrees that LANDLORD shall arrange for Services order such utilities 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 Servicesterminated. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD and/or AGENT shall not be required to replace, provide or pay for these removed services for TENANT. TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD or AGENT nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD or AGENT shall constitute a material breach of the Services canlease. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD's prior written approval. TENANT is not be separately billed to repair or metered disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due 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 towing 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 vehicle belonging to the contrary notwithstanding, Landlord guest or invitee of TENANT. TENANT agrees that if Services are curtailed or suspended to only the Premises as a result of following vehicles will be parked on 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 to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall obtain in its own name 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 directly to the Premises appropriate supplier the cost of all utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall contract for all make a reasonable determination of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason proportionate share 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 utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such cost share to Landlord within thirty (30) days after receipt of Landlord's written statement. Without limiting the foregoing, following the Expansion Date, if any services or utilities supplied to the Leased Premises are jointly metered with property outside of the Property, Landlord shall make every effort to submeter the Leased Premises from such property. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder; provided, however, that Landlord shall use good faith, diligent efforts to restore such services or utilities as soon as possible. Notwithstanding the foregoing, in the event that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, as Additional Rent(b) the restoration of such utility service is within Landlord's control, as provided and (c) such interruption renders all or a portion of the Leased Premises untenantable (meaning that Tenant is unable to use, and does not use, such space in Paragraph 12 belowthe normal course of its business for the Permitted Use) for more than three (3) consecutive business days, except that then Minimum Annual Rent shall ▇▇▇▇▇ proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant's 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 sole remedy for Landlord's failure to any cause whatsoever shall not affect any obligation of Tenant hereunderrestore service as set forth above, 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 not be entitled to damages (consequential or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises otherwise) 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 restoredthereof.

Utilities. Landlord If required, Lesee 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 utilities 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 which they are responsible in Tenant's their name prior to receiving occupancy of the Commencement Datepremises. The Commencement Date Lesee agrees to pay all utilities, related deposits and charges on the lesee’s utility bills directly to the utility or service provider within the time frame set forth in the invoice therefor . The Lesee shall not allow utilities, other than cable TV, to be delayed disconnected by reason any means (including non-payment of any failure by Tenant to so contract for Services. In ▇▇▇▇) until the event that any end of the Services cannot be separately billed Lease term or metered renewal period. The Lesee agrees to reimburse the Premises, or if Owner for any utility bills paid by the Owner during the Lesee’s responsibility under the Lease within two (2) working days of receiving demand for payment from the Services are not separately metered as of the Commencement Date, the cost of such Services Owner. Utilities shall be an Operating Expense used only for normal household purposes 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 Servicesnot wasted. 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 notwithstandingcontained herein, Landlord Owner has arranged to have an electric meter installed to measure Lesee’s electric usage and has entered into an Agreement with a private company for the purpose of reading such meters and invoicing Lesee for Lesee’s electric usage and related fees for that usage and for Lesee’s pro-rata share of the electric usage and cost to serve the common areas of the Development. Lesee agrees to pay for such electricity charges including its pro-rata share of the common area costs (which may include taxes, service fees, administrative fees, security deposits, connection fees, final billing fees, infrastructure installation costs, and maintenance fees) and to remit payment directly to the relevant private billing company. It is understood and agreed between Owner and Lesee that, in the event such payments are not made when due, it shall be considered a substantial default under the lease, and Lesee agrees that if Services are curtailed or suspended to the Premises as a result utilities may be disconnected for non-payment where permitted by law. OCCUPANT AGREES THAT NEITHER OWNER NOR THE PRIVATE COMPANY PROVIDING SUCH METER READING AND BILLING SERVICES TO OWNER IS OPERATING AS A PUBLIC UTILITY BY ARRANGING FOR THE SERVICES SET FORTH HEREIN, AND NOTHING HEREIN SHALL CAUSE OWNER OR SUCH PRIVATE COMPANY TO BE, OR BE DEEMED TO BE, A PUBLIC UTILITY. Lesee shall maintain an interior temperature of the acts premises of at least 60 degrees Fahrenheit. Violation of this provision is a material breach of your lease and may subject you to eviction 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 other remedies available 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 under lease agreement.

Utilities. Landlord agrees Sublessor shall bring or shall cause utility lines to providebe brought to the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, 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 and PDA'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 PDA and if Sublessor and PDA agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor and/or PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. PDA under the Primary Sublease also reserved the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that PDA in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with PDA and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. PDA under the Primary Sublease, at its sole discretion, shall have the right from time to time, to alter the method and source of supply of the above enumerated utilities to the Subleased Premises and Sublessee agrees to execute and deliver to PDA such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any failure by Tenant other person, firm or corporation which are separately metered to so contract for Servicesthe Subleased Premises. In PDA under the event that Primary Sublease, shall have the option to supply any of the Services canabove-enumerated utilities to the Subleased Premises. If PDA shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by PDA, and Sublessee will pay PDA, within ten (10) days after mailing by PDA to Sublessee of statements therefor, at the applicable rates determined by PDA from time to time which PDA agrees shall not be separately billed or metered in excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Premises, or if Airport. If PDA so elects to supply any of such utilities, Sublessee shall execute and deliver to PDA, within ten (10) days after request therefor, any documentation reasonably required by PDA to effect such change in the 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(a) The Tenant shall pay its' own hydro, 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 waterheating cost, gasair conditioning costs, lightsecurity monitoring costs, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer cable costs and all other services supplied and utilities as may be provided to or consumed on the Premises (collectively leased premises. The Tenant shall, for the "Services") term of its lease and any of its' renewal options arrange with the local authorities for connection of any and all taxesutilities in the name of the Tenant. (b) The Landlord and Tenant agree that any and all air conditioning units, leviesgas furnace, fees or surcharges therefor. plumbing, existing hydro panels, thermostats, floor drains and any other utilities and mechanicals in the Tenant's leased premises are in a state of good repair and working as of the date of occupancy and five 5 (five) business days thereafter. (c) The Landlord agrees that the Tenant shall arrange for Services to be supplied to have it's own gas, hydro and water meter along with its own air conditioning and heating unit in the Premises offices, and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date that said utilities shall not be delayed shared with any other tenants. (d) Landlord and Tenant agree that the servicing and maintenance of the mechanical units during the term of the Tenant's Lease and any of its renewal options, shall be provided by reason the Landlord and shall be included in the T.M.I. and collected as "Additional Rent". Landlord and Tenant agree that in the event of any total failure by Tenant to so contract for Services. of same requiring replacement, the Landlord shall incur this as a capital cost, at his sole expense provided that such failure is not the result of misuse or negligence of the Tenant. (e) In the event that any a mechanical unit which was the property of the Services cannot be separately billed or metered Landlord on the date of occupancy continues to the Premisesfail at least 3 times within a 6 (six) month period, or if any of the Services are not separately metered as of the Commencement Dateand requires repair costs over $600.00 per repair, the cost of such Services shall be an Operating Expense Landlord and Tenant shall pay such each have the right to receive up to 2 assessments from qualified engineers or licensed maintenance companies, on replacing the Unit or continuing to maintain said unit. If the majority of the reports indicate replacement, then the Landlord shall replace the Unit at his sole cost as a capital expense. It is further agreed that upon written notification by Tenant to Landlord of said Unit failure, Tenant and Landlord agree to have assessments completed within five (5) business days of receipt of Landlord's notification and replacement or repair of unit at Landlord's cost, as Additional Rentcompleted within 10 business days of receipt of assessment reports. (f) Where applicable, as provided in Paragraph 12 below, except that the Landlord shall notify the Tenant of available extended warranty and/or insurance coverage for mechanical units and service contracts. The Tenant shall be allowed to purchase said coverage at 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, sole discretion 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 restoredcost.

Utilities. Section 13.01. Tenant shall pay, as and when they shall be due and payable, all water charges, taxes, water rates and/or meter charges, sprinkler charges (standby or otherwise), sewer taxes, sewer charges, sewer fees, and sewer rental taxes and charges for utilities, including, without limitation, the charges for gas, electricity, and other utilities furnished to Tenant and consumed in the Demised Premises directly to the applicable utility provider except that water and sewer charges shall be paid to Landlord within thirty (30) days of Landlord’s ▇▇▇▇▇▇▇▇ therefor made from time to time, which ▇▇▇▇▇▇▇▇ shall be made on the basis of submeters measuring the consumption of water within the Demised Premises. Landlord represents and warrants that, as of the date hereof, gas and electricity supplied to the Demised Premises are separately submetered. Landlord shall have the right, in its sole and absolute discretion, to select the utility company which will provide service to the Common Areas of the Center and/or to the tenants in the Center, including, without limitation, the Demised Premises. Landlord may, at any time and from time to time during the Term, contract for service with another utility company to provide service to the Common Areas of the Center and/or the tenants in the Center. Tenant agrees to providecooperate with Landlord and Landlord’s designees, at its costincluding, waterwithout limitation, electricity the utility company, and telephone provide access (on notice except in the case of an emergency) to the Demised Premises as is necessary to provide or to change the utility service connections into to the Premises; but Demised Premises and/or to the Center. Tenant shall heat the Demised Premises whenever the weather shall require. If Landlord, or any property of Landlord, shall be held responsible for any expense covered by this Article, Tenant shall pay during Landlord 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 amount thereof within thirty (collectively the "Services"30) and all taxes, levies, fees or surcharges therefordays following written request. 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 responsible or liable for any loss, damage or expense that Tenant may sustain or incur by reason of any failure by Tenant to so contract for Services. In failure, interference, disruption or defect in the event that any supply or character of the Services cannot be separately billed or metered utility service furnished to the Demised Premises, or by reason of change in the quantity or character of the utility service provided, and no such failure, interference, disruption, defect or change shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, provided, however, that if any of the Services are not separately metered as of the Commencement Datefailure, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordinterference, 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 disruption or defect in the Premises supply or character of any such service is directly 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 and as a result of such failure, interruption, disruption or defect Tenant is unable to use the Demised Premises or a material portion thereof for a period at least one full business day, then, notwithstanding anything in this Lease to the contrary, the annual minimum rent and additional rent under Sections 8.03, 12.02 and 14.01 of forty-eight this Lease shall ▇▇▇▇▇ with respect to the Demised Premises, or such portion, as the case may be, from the date on which Tenant was first so unable to use the Demised Premises until the earlier of (48i) consecutive hours during the Lease Termdate on which the service in question is restored or (ii) the date Tenant resumes use of the Demised Premises or such portion affected by the failure, then Tenant's Rent payable hereunder shall be equitably abated interruption, disruption or defect in the supply or character of the service in question. The utility companies may, to the extent such curtailment applicable, provide (or suspension have /s/ [ILLEGIBLE] T /s/ [ILLEGIBLE] LL provided) their conductors, equipment, switches and other associated appurtenances to the Center in consideration for and in anticipation of Services interferes providing utility service to all of the tenants in the Center. In the event that Tenant contracts for utility service with an alternate provider than the utility company providing service to the Common Areas (“Landlord’s Utility Company”), and Landlord’s Utility Company seeks compensation for installation of their conductors, equipment, switches and other associated appurtenances because of Tenant contracting with an alternate provider, whether in the form of higher rates or otherwise, then Tenant shall reimburse Landlord for any disbursements applicable thereto made by Landlord to Landlord’s Utility Company, whether as one lump sum payment or as separate annual payments. In no event shall Landlord be obligated to enter into an easement agreement or to permit an alternate service provider’s equipment to be installed within the Common Areas as a result of Tenant selecting an alternate service provider. Landlord acknowledges that Tenant will require, and arrange for at Tenant’s sole cost and expense, 3,000 amps of additional electrical capacity to be brought to the Demised Premises in connection with Tenant's use ’s use. Any and all work necessary in connection with bringing such additional capacity to the Demised Premises shall be deemed an alteration and subject to the provisions of this Lease with respect to alterations. Further, Tenant acknowledges that the installation of such additional electrical capacity shall require the installation of a transformer. Tenant agrees that such transformer shall be installed in a location approved by Landlord, such approval not to be unreasonably withheld. At Landlord’s request, made at least sixty (60) days prior to the Expiration Date, Tenant shall remove such transformer and all other work performed in connection with bringing such additional capacity to the Demised Premises and restore the areas affected by such work to their respective condition as of the date possession of the Demised Premises (as reasonably determined was first given to Tenant. If the installation of such additional capacity requires that electrical, or any other utility, service to the Center, the Building or any portion thereof be discontinued for any period of time, such discontinuance shall only be made at a time, and for a duration, approved by Landlord (with the intention that any such discontinuance shall be made at a time, and for a duration, so as to minimize any disruption, impact or effect on the other tenants and occupants of the Center and their respective business operations). Tenant acknowledges that Landlord may require that any such discontinuance be made only during non-business hours. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, and all loss, cost, liability, damage and/or expense, including, but not limited to reasonable counsel fees, penalties and fines, incurred in connection with or arising from any such discontinuance. Tenant) following such forty-eight (48) hour period until such Services are restored’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this Lease.

Utilities. Landlord agrees to provideBeginning on the Lease Commencement Date, at its cost, water, electricity Tenant shall be responsible for the cost of all utilities and telephone service connections into services of every kind and nature used on the Premises and/or serving the Premises; , including but Tenant shall pay during the Lease Term and prior not limited to delinquency all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection. Without limitation of the generality of the foregoing, Tenant shall pay all maintenance charges for utilities and any similar charges for utilities imposed by a governmental entity or other communication serviceutility provider, janitorial servicetogether with any taxes, trash pick-uppenalties, sewer and all other services supplied surcharges or the like pertaining to or consumed on Tenant’s use of the Premises. Gas to the Premises shall be separately metered, and Tenant shall have such meter placed in its own name and pay the costs thereof directly to the provider of said utility. Water and sewer to the Premises shall be submetered, and Tenant shall pay Landlord its share of the cost of such utility as reflected on a submeter. Electricity and solar energy to the Premises shall be separately sub metered by an Energy Monitoring Products System (collectively E-Mon), which will segregate Tenant’s electricity usage and peak demand in the "Services") Premises from other parts of the Building. The E-Mon system will monitor, report and all taxes, levies, fees or surcharges thereforprovide meter billing statements based upon actual usage and peak demand. Tenant shall arrange pay electricity and solar energy to the Premises as part of the Operating Expenses of the Building as set forth in Section 6 above, except that (a) rather than paying Tenant’s Proportionate Share of such utilities in the percentage in the Basic Lease Information as set forth at the front of this Lease, Tenant shall pay for Services its share as determined by Landlord or its utility billing service provider based upon its review of Tenant’s usage of such utility through the E-Mon system, and (b) Tenant’s obligation to pay for such utilities that are included in Operating Expenses shall commence on the Lease Commencement Date rather than six (6) months thereafter when Tenant’s obligation to pay other non-utility Operating Expenses commences, and (c) at Landlord’s option, Landlord may separately reconcile, on a more frequent basis than it does for other Operating Expenses, the utility charges component of Operating Expenses and adjust Tenant’s estimated contribution thereto and also may bill or credit Tenant for any differences in the a▇▇▇▇ts paid by Tenant for estimated utilities and the actual utility charges on a quarterly, rather than annual, basis. Tenant must not allow any utilities to be supplied disconnected, terminated or interrupted for any reason, including for a failure to pay bills, and shall be responsible for maintaining the Premises at least at a minimum temperature of 55° so as to prevent freezing of pipes; and Tenant shall be responsible for any and all damage caused thereby, including, without limitation, damage caused by frozen pipes. Upon expiration or termination of the Lease, any separate meter or submeter installed for or on behalf of Tenant, whether paid for by Tenant or not, shall remain on the Premises and shall contract for all of be surrendered with the Services in Tenant's name prior Premises to the Commencement DateLandlord. The Commencement Date It is agreed that Landlord shall not be delayed liable in any way for any failure to furnish or in any way for any damage or inconvenience caused by reason the cessation or interruption of any failure services of utilities whether caused by Tenant to so contract for Servicesfire, accidents, strikes, breakdowns, maintenance, alterations, repairs, scarcity of labor or materials, acts of God or any other causes. In the event It is further agreed that any of the Services cansuch failure or inability to furnish such utilities or services shall not be separately billed considered an eviction, actual or metered to constructive, of Tenant from 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 entitle Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of to terminate this Lease and pay all Rentals due or to an abatement of rent payable 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 (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. Landlord shall have no responsibilities whatsoever in connection with the foregoing. Landlord may cause at Tenant’s expense any utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall arrange pay its share of all charges for Services jointly metered utilities based upon consumption, as reasonably determined by Landlord. Tenant shall be permitted, at Tenant’s sole cost and expense, to be supplied to have the water serving the Premises separately metered (which work must be performed in accordance with all terms and conditions of this Lease, including, without limitation Paragraph 12 below and Landlord’s right to review and approve of detailed plans and specifications in advance). Tenant agrees to limit use of water and sewer for normal restroom use. 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 abatement of rent. If Tenant is prevented from using, and does not use, the Commencement Date. The Commencement Date shall not be delayed by reason Premises or a substantial portion thereof as a result of any negligent failure or willful misconduct by Tenant Landlord to so contract for Services. In the event that any of the Services cannot be separately billed or metered provide utility services to the Premises, and such failure was not caused directly or if any indirectly by the gross 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 five (5) 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 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 portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of 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. (c) Notwithstanding anything to the contrary contained in this Lease, T▇▇▇▇▇ 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 the Premises. Furthermore, Tenant agrees to provide Landlord with T▇▇▇▇▇’s energy consumption data within thirty (30) days after L▇▇▇▇▇▇▇’s request for the same. T▇▇▇▇▇ 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 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 (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 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 providepay for (if checked): water, at its costsewer, gas, electric, trash, basic cable, other . ▇▇▇▇▇▇ agrees to pay any and all other utilities, including related deposits and transfer charges that Landlord has not specifically agreed to pay. Tenant shall transfer into Tenant’s name or account, effective on the Lease Start Date, all utilities serving the Premises that are to be paid for by Tenant. For any utility bill or account in Tenant’s name, Tenant shall not change out of Tenant’s name or allow any such utility to be disconnected for any reason or by any means, including but not limited to non- payment of utility bills, until the Tenant moves out of the Premises. Tenant consents to any utility company notifying Landlord of Tenant’s failure to pay any utility, or of any pending disconnection. Tenant shall be liable for all utilities until the date Tenant vacates or until the date Tenant could have moved out without breaching this Lease, as determined by this Lease, whichever date is later. Utilities shall be used only for normal household purposes, not for business or any other purpose, and are not to be wasted. If ▇▇▇▇▇▇ agrees to pay any utility, Landlord reserves the right to pay any such utility and bill Tenant, including a reasonable billing or an administrative charge for billing of any unregulated utility. If Tenant reimburses Landlord for any utility charge, ▇▇▇▇▇▇ agrees to pay such sum on or before the FIRST day of each month, or any date set forth in any bill from Landlord to Tenant. Tenant shall pay to Landlord upon move-in a one-time utility transfer fee of $ . Landlord shall have the exclusive right to change or install utility lines, meters, sub- metering or load management systems, and similar electrical equipment serving the Premises. If any utilities are sub-metered for the Premises, Landlord will attach a utility addendum to this Agreement if required by law. Landlord shall have the right, upon thirty (30) days’ notice to Tenant, to increase the monthly payment due by an amount reasonably related to any increase in the cost of 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, and/or natural gas, light, heat, power, electricity, telephone or any other communication service, janitorial service, trash pick-up, sewer and all other services supplied utility that Landlord has agreed 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 restoredpay.

Utilities. Landlord agrees LESSOR shall provide at LESSOR's expense the building standard facilities for heat, ventilation, and air conditioning for the Leased Premises, and the common areas and facilities which LESSEE enjoys the right to provideuse, as required for comfortable occupancy, during 8 AM to 6 PM each weekday, other than national or state holidays (herein "Normal Business Hours"). LESSOR shall provide electrical connections to (but not distributed within ) the Leased Premises for general office, research, and laboratory purposes, If any operations or activities in the Leased Premises use electricity in excess of amounts customarily required for office purposes, LESSOR, in its discretion and at its expense, may install submeters to measure such usage separately. Notwithstanding any separate direct metering or general allocation, LESSEE shall pay all charges for electricity used on the Leased Premises. LESSEE shall pay all such charges for electricity used on the Leased Premises as it may be separately metered, or absent separate meters to the whole or part of the Leased Premises (for whatever reason) based on tenant's * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Allocable Percentage of the total electric ▇▇▇▇, whichever or both as may be applicable, at the determination of the LESSOR. LESSOR shall determine said electrical charges in a uniform and non-discriminatory manner relative to other lessees in the Building similarly situated; and LESSEE shall pay its costproportional share of said charges relative to all occupied space which is not billed to tenants on a separately metered basis. All such charges shall be based on the rates at which LESSOR is charged for electricity supplied to the Building by the utility company. LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degrees Fahrenheit during Normal Business Hours. LESSOR shall make available heat, ventilation, and air-conditioning as may be requested by LESSEE for the Leased Premises during hours other than Normal Business Hours ("Overtime HVAC"), and LESSEE shall pay for such Overtime HVAC on the basis of $40.00 per zone, per hour (subject to increase by the same percentage amount by which the standard electric rates are increased from time to time by the utility company), as billed by LESSOR and to be paid by LESSEE within thirty (30) days of said invoice. LESSEE shall give LESSOR twenty four (24) hours prior notice of any requirements for specialized overtime heating and air conditioning. LESSOR shall not be liable to LESSEE for any interruption, interference, damage or loss to LESSEE's business, research or experimentation occasioned as a result of any failure or interruption in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the Building or the Leased Premises. Notwithstanding the foregoing, in the event the Premises lack heat or air conditioning at the standard building service as set forth above, or lack lavatory facilities, water, electricity and telephone or elevator service connections into at 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 standard to be supplied by LESSOR hereunder; and such lack continues for five (5) consecutive business days or occurs more than two times in any twelve month period, then (and only then) Annual Base Rent and Additional Rent with respect to such periods of deprivation shall be abated for each day of such lack of service, unless caused by factors or events outside the Premises and shall contract for all control of the Services LESSOR (e.g. suspension of utilities (e.g. electrical, water, etc.) by the service provider; or LESSEE's own willful or negligent acts or omissions, etc.) in Tenant's name prior to the Commencement Datewhich case there shall be no such abatement. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that If any of the Services cannot be separately billed deprivations or metered loss of services described in the foregoing sentence occur; or if there is a material impediment to or suspension of LESSEE's rights to park within the Building as contemplated in section 16 hereof caused by the LESSOR, (unique to the Premises, or if any of the Services are Building and 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 other external factors beyond LESSOR's control such as municipal street work, curfews, vehicular bans, etc. for which LESSOR shall not be deemed responsible hereunder), and LESSOR does not make reasonable adequate accommodations to compensate therefor; and any such deprivations or negligence or willful misconduct loss of Landlord services continue for a period in excess of forty-eight forty five (4845) consecutive hours days, or sixty (60) days during any twelve month period, then LESSEE shall have the right to terminate this Lease by giving LESSOR ten (10) days written notice, and unless such services are restored within the ten (10) day period after such notice, the Lease Term, then Tenant's Rent payable hereunder shall terminate as of the tenth day after such notice is delivered to LESSOR. No plumbing or electrical work of any type 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. All charges for separately metered water used by LESSEE shall be * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. based on the rate at which water/sewer charges are billed to the extent such curtailment or suspension of Services interferes with Tenant's use of Building by the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredCity Of Cambridge.

Utilities. Landlord agrees to provide, at its cost, water, electricity From 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 after the Commencement Date, the cost of such Services shall Tenant agrees to pay, or cause to be an Operating Expense and Tenant shall pay such cost to Landlordpaid, as Additional Rent, all charges for electricity and other utilities consumed in the Premises (or by any special facilities serving the Premises), whether as part of Operating Expenses or as provided in Paragraph 12 below, except that this Section 3.01. Tenant will comply with all contracts relating to any such services. Tenant's proportionate share of ’s charges for such Services utility usage shall be based upon Tenant’s actual usage as determined by the percentage obtained utility providers, where such utilities are separately metered directly to Tenant, or by dividing Landlord’s reading of check meters serving the gross leasable square footage contained Premises, without ▇▇▇▇-up, in either case as provided as part of the Finish Work. So long as the Premises by consists of all rentable areas of the total gross leasable square footage located in Building, (A) it is the intent of the parties to provide for separate, direct metering of all buildings utilizing such Services. The lack or shortage of any Services due utilities exclusively serving the Premises to any cause whatsoever the extent feasible and (B) Tenant shall not affect any obligation of Tenant hereunderhave the right, at its prior written request to Landlord, to have the electricity, water, sewer, 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 gas service to the Premises as a result placed in the name 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 Tenant to the extent possible so long as no additional alterations or construction is required to do the same and Tenant pays any costs associated with such curtailment or suspension change. If any such utilities are in Tenant’s name, then Tenant shall provide Landlord with such information regarding Tenant’s utility usage from time to time as Landlord may reasonably request. To the extent that Tenant is not paying for electricity directly to the provider therefor, Tenant shall make monthly payments of Services interferes with Tenant's use Additional Rent on account of electricity, in advance, on the Commencement Date and the first of each month thereafter equal to one‑twelfth (1/12) of the Premises annual amount of such Additional Rent reasonably projected by Landlord, based upon prior usage at the relevant building or as projected by Landlord’s engineer, to be due from Tenant (as pro-rated for any partial month at the beginning or end of the term) from time to time. Tenant’s monthly payments may be reasonably determined revised by Landlord from time to time so that Tenant’s aggregate monthly payments shall equal the Additional Rent then projected to be due for the year in question. Landlord shall provide Tenant with a statement showing Tenant’s actual usage of electricity based on the reading of Tenant’s check-meters, if applicable, no less often than annually. If the Additional Rent due for electricity is less than the Additional Rent for electricity paid by Tenant on account of Landlord’s calculation of estimated electrical charges, Landlord shall either promptly refund to Tenant the difference or credit same against Base Rent and Tenant) ’s Pro Rata Share of Operating Expenses and Taxes next due from Tenant. If the Additional Rent due for electricity is more than Landlord’s calculation of estimated electrical charges, Tenant shall pay such amount to Landlord within 30 days following receipt of the ▇▇▇▇ therefor. If such fortyusage is not separately or check-eight (48) hour period until metered from time to time, such Services usage and billing shall be based upon the reasonable estimate of Landlord’s consulting engineer. If Tenant makes payments directly to the utility company for any separately metered utilities, then Tenant shall pay such bills directly to the utility company, Tenant shall contract directly for the applicable service, and shall pay all bills for such utility service as and when due. Tenant shall pay all costs associated with obtaining utility service, including costs for equipment installation, maintenance and repair; exit fees, stranded cost charges, and the like, other than the costs to install such services that are restoredincluded as part of Base Building Work.

Utilities. Landlord agrees to provideLessee shall pay the cost of all utilities and public services including but not limited to, at its costgas, water, electricity electric, sanitary sewer, surface water removal, tree trimming, snow removal, lawn and telephone service connections into garden maintenance and upkeep. OPTION TO PURCHASE Provided that the Premises; but Tenant shall pay during the Lease Term is not in default 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 upon not less than one hundred twenty (collectively the "Services"120) 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 days written notice by Tenant to Lessor given prior to expiration of the initial term off this lease of Tenant's intent to exercise said option, Lessor hereby grants to Tenant an option to purchase the Demised Premises on expiration of such initial term. The purchase price for the Demised Premises (the "Purchase Price") will be determined by appraisal of the fair premises as or option exercise, as follows. The Demised Premases will be appraised by an appraiser designated by Lessor, an appraiser designated by Tenant, and an appraiser mutually designated by the parties, or failing that, designated by the ▇▇▇▇▇▇ County District Court upon application of either party. All appraisers will be MAI appraisers having at least five (5) years experience in the appraisal of commercial properties in the Twin Cities metropolitan area. The appraisers will be directed to submit their appraisals in writing to the parties thirty (30) days prior to expiration of the initial term of this lease. The Purchase Price will be the average of the two closest appraisals. The Purchase Prices will be the average of two appraisals if the third appraisal is not received within fifteen days after receipt of the first two appraisals. Each party will pay for the appraisal of the appraiser designated by such party, and the parties will bear equally the cost of the third appraisal. Lessor will, within thirty (30) days after option exercise, furnish a complete abstract of title for the Demised Premises certified to date to include propler searches covering bankruptcies, and state and federal judgments and liens and levied and pending special assessments. The Tenant will be allowed thirty (30) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so contract made Lessor will be allowed sixty (60) days to make such title marketable. If said title is not marketable and is not made so within sixty (60) days from the date of written objections as above provided, Tenant's option exercises will be null and void, at, Option of the Tenant, and neither party will be liable for Servicesdamages hereunder to the other party. If the title to the Demised Premises is found marketable or is so made within said time, and Tenant defaults in payment of the Purchase Price as provided hereunder, then Lessor may terminate the sale of the Demised Premises, time being of the essence hereof. This provision will not deprive either party of the right of enforcing the specific performance of the sale of the Demised Premises provided such sale is not terminated as aforesaid, and provided action to enforce such specific performance is commenced within six (6) months after such right of action arises, nor will it deprive either party of the right of enforcing a claim for money damages resulting from the other party's default hereunder. Closing will be held at Tenant's offices or other mutually agreed upon location on the expiration date of the initial term of this lease or, if later, fifteen (15) days after receipt by the parties of the second appraisal submitted hereunder. At the closing, the Purchase Price will be paid in immediately available funds by wire transfer, and Lessor will execute and deliver an affidavit, in the customary form, relative to 10 judgments, federal tax liens, mechanic's liens, bankruptcy and outstanding interests in the Demised Premises and a warranty deed conveying marketable title to the Demised Premises subject only to the following exceptions: Building and zoning laws, ordinances, State and Federal regulations; Reservation of any minerals or mineral rights to the State of Minnesota; and Utility, drainage and flowage easements and road right of way of record. Lessor will pay for any real estate transfer tax and the cost of recording any documents necessary to establish marketable and record title in Lessor. Lessor will execute any further instruments, documents or agreement reasonably necessary to effectuate the sale contemplated hereunder. In the event that any closing is delayed beyond the expiration of the Services cannot be separately billed or metered to initial term of this lease, this lease will continue until closing, provided that no rent will accrue after the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost first two months of such Services shall be an Operating Expense and Tenant shall pay hold over period if such cost delay results from objections to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share title timely made or other reasons within the control 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.

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, ifthere 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 ▇▇▇▇ 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. A. Landlord agrees to provideprovide normal water and electricity connectio▇ ▇▇ ▇▇▇ ▇▇emises as determined by Landlord's sole, at its costreasonable discretion. Subject to the following qua▇▇▇▇▇▇▇▇ons, waterTenant shall have the right to increase the electrical capacity of the Premises by installing additional, electricity and telephone service connections into or upgrading existing, electrical system components in or serving the Premises; but . All such installations and/or upgrades shall be at Tenant's sole cost and expense and shall be performed only after obtaining Landlord's written consent, which consent shall not be unreasonably withheld or delayed. Tenant shall provide Landlord with such detail as Landlord shall request regarding such installations and/or upgrades. If any installation or upgrade requires work to be performed outside of the Premises, then Landlord may further reasonably condition its consent thereto on a case-by-case basis. All such installations and/or upgrades are further subject to the provisions of Paragraph 6. Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection, and other utilities and services 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 to at the Premises and shall contract any maintenance or inspection charges for all of utilities, together with any taxes, penalties, surcharges or the Services in Tenant's name prior like pertaining 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 (Premises. Landlord shall have the right to cause any of said services to be separately metered or charged to Tenant by provider, at Tenant's expense. Tenant shall pay its share of all charges for join▇▇▇ ▇▇tered utilities, based on consumption as reasonably determined by Landlord. Landlord shall not be liable for any interruption or failure of utility service on the Premises. B. In the event water is not separately metered to Tenant, Tenant agrees that it will not use water for uses other than normal ▇▇▇▇▇▇ic restroom and kitchen usage; and, Tenant does further agree to reimburse Landlord for the entire amount of common water costs as additional rental if, in fact, Tenant uses water for uses other than normal domestic restroom and kitchen uses without first obtaining Landlord's written permission. Furthermore, Tenant agrees in such event to install at its own expense, a submete▇ ▇▇ ▇etermine Tenant's usage. C. Tenant agrees it will not use sewer capacity for any use other th▇▇ ▇▇▇▇▇▇ domestic restroom and kitchen use. Tenant further agrees to notify Landlord of any other sewer use ("ex▇▇▇▇ ▇ewer use") following such forty-eight (48) hour period until such Services are restoredand also agrees to reimburse Landlord for the costs and expenses related to Tenant's excess sewer use, which shall include, but is expressly herein not limited to, the cost of acquiring additional sewer capacity to service Tenant's Lease.

Utilities. In addition to the payment of the Tenant’s Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the Tenant shall be responsible for the cost of all utilities including electricity supplied to the Leased Premises. The Tenant shall not, without the prior written approval of the Landlord, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage or any telecommunications lines and/or conduits which approval may be arbitrarily withheld in the event any such equipment will require additional utility usage or any telecommunication lines and/or conduits in excess of that normally required for office premises and/or would involve the diminution of the Landlord’s ability to lease other premises in the Building. If, with the Landlord’s approval, such additional equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord agrees to provideinstall separate meters), the Landlord shall pay the cost of the utilities and apportion the cost pro rata among the tenants supplied through the common meter, based on all relevant factors including, but not limited to, the hours of use, number and types of lights and electrical equipment and the proportion of each tenant’s Rentable Area to the Rentable Area of all tenants to which the common meter relates. Upon receipt of the Landlord’s statement of apportionment, the Tenant shall promptly reimburse the Landlord for all amounts apportioned to the Tenant by the Landlord; provided that the Landlord may elect by notice to the Tenant to estimate the amount which will be apportioned to the Tenant and require the Tenant to pay that amount in monthly instalments in advance simultaneously with the Tenant’s payments of Basic Rent. Notwithstanding the foregoing, and whether the Leased Premises are separately metered or not, the Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for its costshare of such utility, waterapply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and consumed in respect of the Leased Premises if the Tenant were purchasing directly from the utility supplier. The Landlord shall upon the Landlord’s or Tenant’s request install a separate check meter or meters in the Leased Premises at the Landlord’s expense. In addition to the payments to the Landlord required by this Article 7.00, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term all rates, charges, costs and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone expenses as may be assessed 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 levied by any supplier of 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 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 other than those supplied 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.

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 All water, gas, heat, light, heat, power, electricitysewer, garbage collection, telephone or other communication service, janitorial service, trash pick-up, sewer and telecommunications 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 utilities supplied to the Premises together with any taxes thereon; provided, however, that if any utility services are separately metered and/or billed to Tenant, Tenant shall pay for such services as and shall contract for when billed and will indemnify Landlord against and hold Landlord harmless from any and all loss, cost, damage or expense, including reasonable attorneys' fees suffered or incurred by Landlord in connection therewith. Upon commencement of the Services in Lease term, Landlord shall advise Tenant of Tenant's name pro rata share through the end of the period for which the taxes or insurance premiums have been prepaid and Tenant shall pay the amount thereof concurrently with payment of the first month's rent; and Landlord also shall submit to Tenant a statement of all other anticipated monthly Operating Charges for the period between such commencement and the following January, and Tenant shall pay these Operating Charges on a monthly basis concurrently with the payment of the rent, beginning with the first payment of rent. By March 1 of each year, Landlord shall provide Tenant a statement showing the total Operating Charges for the Property for the prior to calendar year and Tenant's allocable share thereof, pro rated from the Commencement Datecommencement of the Lease term, if appropriate. The Commencement Date In the event the total of the monthly payments which Tenant has made for the prior calendar year is less than Tenant's actual share of such Operating Charges, then Tenant shall not be delayed by reason pay the difference in a lump sum within ten (10) days after receipt of any failure by Tenant to so contract for Servicessuch statement from Landlord. In the event that any the total monthly payments exceed Tenant's actual share, Tenant shall receive credit against the next payment of Additional Rent due. Also, by March 1 of each year (the "current year"), Landlord shall submit to Tenant a statement of the Services cannot be separately billed or metered budgeted Operating Charges for the current year, as reasonably established by Landlord. Tenant shall then pay Landlord the difference between the prior established Operating Charges and the budgeted current Operating Charges for the months which have passed since the first of the current year and shall continue to pay the budgeted current Operating Charges for the remainder of the current year, subject to adjustment by March 1 of the following year in the manner provided above. Even though the term has expired and Tenant has vacated the Premises, or if when the final determination is made of Tenant's share of said Operating Charges for the year in which this Lease terminates, Tenant shall immediately pay any of increase due over the Services are not separately metered as of the Commencement Dateestimated Operating Charges previously paid, the cost of such Services and, conversely, any overpayment made shall be an Operating Expense and Tenant promptly rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay such cost to Landlord, sums as Additional Rent, as provided in Paragraph 12 below, except herein provided. Landlord estimates that Tenant's proportionate share Share of such Services Operating Charges shall be the percentage obtained by dividing the gross leasable Two and 40/100 Dollars ($2.40) per square footage contained foot of rentable area in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesper year. 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 herein to the contrary notwithstandingcontrary, Landlord agrees that if Services are curtailed or suspended Tenant's Share of Additional Rent attributable to Operating Charges for the first full Lease Year shall not exceed Two and 76/100 Dollars ($2.76) per square foot of rentable area in 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 restoredper year.

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 All charges for utilities services will be paid promptly by Tenant when due. Lessor shall not be liable for damages occurred for the failure of utilities or services occasioned by strikes, breakage of equipment, failure of source of supply, acts of God, or by any act or cause beyond the control of the Lessor. Tenant agrees to providepay for gas, at its costelectricity, water, electricity trash removal services and telephone service connections into common utilities, including furniture removal connected to the Premises; but Tenant shall pay during premises, in addition to and in the Lease Term and prior to delinquency all charges same manner as rent, by paying for water, either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, light, heat, power, electricity, telephone or other communication service, janitorial servicewater, trash pick-up, sewer removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenant’s are also responsible for paying any and all other services supplied to utility overages such as water or consumed on additional trash expenses (i.e. Six Day Review as mandated by the Premises City of Boulder (collectively the "Services") and all taxes, levies, fees or surcharges thereforSee “Note” Below For Details). Tenant shall arrange for Services will pay the prorata share equal to be supplied to the Premises and shall contract for all 100% (unless indicated below) or fixed utility expense 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$_95_ each month. In the event that any of the Services canutility companies increase their utility rates more than 10% anytime throughout the year, Lessor reserves the right to adjust the fixed utility expense up, in order to cover the increase. If this should occur BPM will notify its Tenant(s) in writing. Lessor will ▇▇▇▇ the utility expenses to the Tenant along with the monthly rent statement until the expiration of the lease. At time of move-out, these utilities can not be separately billed disconnected until the move-out date, or metered the Tenant will be charged a $10.00 fee in addition to any unpaid utility charges. All additional utilities and services not named below (i.e. internet, cable, phone, etc.) are paid by the tenants directly to the Premises, or if any company providing said services. If you receive a “high usage” water ▇▇▇▇ it will be the responsibility of the Services are not separately metered as of tenants to pay this utility ▇▇▇▇ in full. High usage can be caused from a running toilet, leaky sink etc. You will be responsible to pay this ▇▇▇▇ the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost month it is posted to Landlord, as Additional Rent, as provided in Paragraph 12 your account. As listed below, except that some utility bills are to be transferred into the tenant’s name and paid directly to the corresponding utility company. If the Tenant fails to transfer the utilities into their name, Boulder Property Management will pay the utilities and ▇▇▇▇ it back to the 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 will charge the Tenant shall faithfully keep and observe all an additional $25.00 fee for every month 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 utilities have not been transferred into 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’s name.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but The Tenant shall pay during for the Lease Term and prior cost of all utilities used in or supplied to delinquency all charges for the Leased Premises, including without limitation water, gas, light, heat, power, gas and electricity, telephone for which the Tenant receives a separate invoice or other communication service▇▇▇▇. If the invoice or ▇▇▇▇ is from the Landlord, janitorial servicethe amount of such invoice or ▇▇▇▇ shall be paid to the Landlord forthwith, trash pick-upprovided that the Landlord may, sewer and all other services by notice to the Tenant, elect to estimate the amount for which the Tenant will be liable for utilities supplied to or consumed used in the Leased Premises for a Lease Year, in which case the Tenant shall pay to the Landlord the estimated amount in equal monthly instalments on the Premises first (collectively 1st) day of each and every month until such time as the "Services") and all taxesLandlord adjusts or readjusts the estimated amount. If the invoice or ▇▇▇▇ is from a utility company, levies, fees or surcharges therefor. the Tenant shall arrange for Services pay the amount of such invoice or ▇▇▇▇ to be the utility company before its due date and shall provide the Landlord with copies of all invoices together with proof of payment. The cost of those utilities used or supplied to the Leased Premises for which the Tenant does not receive a separate invoice or ▇▇▇▇ from either the Landlord or the utility company shall be included in the calculation of Operating Costs and shall contract for be paid by the Tenant in accordance with the relevant provisions of this Lease, if the Tenant fails to provide the Landlord with copies of all invoices and bills (as provided above) or fails to satisfy all such invoices and bills on or before their due dates, the Landlord, in addition to any other rights it may have under this Lease or at law, may at its sole option discontinue the supply of the Services in Tenant's name prior utilities to the Commencement Date. The Commencement Date shall not be delayed by reason of Leased Premises, without any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered liability whatsoever 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 (a) Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities supplied to the Demised Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay an equitable share thereof, to be determined by Landlord, of all charges jointly metered with other Premises. (b) Landlord has advised Tenant that presently Excel Energy, f/k/a Public Service Company of Colorado (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity for the Property. Notwithstanding the foregoing, if permitted by Law, Landlord shall have the right at any time and from time to time during the Lease Term and prior to delinquency all charges either contract for water, gas, light, heat, power, electricity, telephone service from a different company or other communication service, janitorial service, trash pick-up, sewer and all other services supplied companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Supplier”) or consumed on continue to contract for service from the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforElectric Service Provider. Tenant shall arrange for Services to be supplied cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider and any Alternate Service Provider reasonable access to the electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises and shall contract for which may serve the Property. (c) Landlord does not warrant or guarantee the continued availability of any or all of the Services utility services necessary or desirable for the use of the Demised Premises by Tenant. In no event shall the interruption, diminution or cessation of such services be construed as an actual or constructive eviction of Tenant, nor shall Tenant be entitled to any abatement of its Rent obligations under this Lease or on account thereof. Landlord shall in Tenant's name prior to the Commencement Date. The Commencement Date shall not no way be delayed liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any failure by change, failure, interference, interruption, disruption or defect in the supply or character of the utilities furnished to the Demised Premises, and no such change, failure, diminution, cessation, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to so contract for Services. In any abatement or diminution of rent, or relieve Tenant from any of its obligations under the event that Lease. (d) Landlord reserves the right to suspend any and all utilities service to the Demised Premises when, in Landlord’s reasonable discretion, such suspension is necessitated by reason of accident, repairs, inspections, alterations or improvements, until any of the Services cansame have been completed. In such event, Landlord shall not be separately billed or metered deemed guilty of a breach of this Lease, nor shall Tenant be entitled to the Premisesany abatement of its Rent obligations under this Lease on account thereof. If feasible, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Landlord shall be an Operating Expense and give 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 prior notice of any Services due to any cause whatsoever shall not affect any obligation interruption 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 restoredutility services.

Utilities. Landlord TENANT shall be responsible directly to the serving entities for all utilities required by TENANT’s use of the Leased Site, however, OWNER agrees to providecooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT’s usage shall be read by OWNER (or, at its TENANT’s option and cost, waterby a meter reading service selected by TENANT) on a monthly basis and the cost of electricity used by TENANT shall be paid monthly by TENANT to OWNER, electricity and telephone service connections into the Premises; upon thirty (30) days written notice thereof, as a payment separate from Rent. OWNER may charge a reasonable meter reading fee 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 agrees that it will not include a markup on the Premises utility charges. If TENANT submeters electricity from OWNER, OWNER agrees, to the extent feasible, to give TENANT at least twenty-four (collectively 24) hours advanced notice of any planned interruptions of said electricity. OWNER acknowledges that TENANT provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the "Services") and all taxesinterruption is for an extended period of time, leviesin TENANT’s reasonable determination, fees OWNER agrees to allow TENANT the right to bring in a temporary source of power for the duration of the interruption. OWNER will not be responsible for interference with, interruption of or surcharges therefor. Tenant shall arrange for Services failure, beyond the control of OWNER, of such services to be furnished or supplied by OWNER. OWNER agrees to grant to any utility company providing utility services to TENANT, an easement for the purpose of constructing, operating and maintaining utilities to provide such services to the Premises and Leased Site. Such easement shall contract for all of the Services be in Tenant's name prior a location to the Commencement Date. The Commencement Date be approved by OWNER, which approval shall not be delayed by reason of any failure by Tenant to so contract for Servicesunreasonably withheld, conditioned or delayed. In the event that any of the Services cannot be separately billed Upon TENANT’s or metered to the Premisesa utility company’s request, 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 OWNER will execute a separate recordable easement evidencing 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 restoredgrant.

Utilities. Landlord agrees to provide5.01 Tenant shall provide and pay for heat, at its costelectricity, air conditioning, alarm, sprinkler, oil, gas, water, electricity sewer, 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 any and all other services supplied and utilities ("Utilities") for the Demised Premises, and Landlord shall not be required to furnish, or consumed be liable for any interruption of, any services, utilities or facilities to, or about, the Building. As part of Tenant's Work; Tenant shall, at Tenant's cost and expense, cause to be installed in the Demised Premises sprinkler and mechanical rooms for the Demised Premises, a new heating, ventilating and air-conditioning unit on the roof of the Building to service the Demised Premises, new meters and separate service from the utility companies to such meters, to measure the consumption of all Utilities in the Demised Premises (collectively the foregoing work in this sentence is called "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 PremisesUtilities Work"), 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 the charges of all Utilities consumed directly to Landlordthe utility or other company supplying the same. In addition, Tenant shall as Additional Rent, as provided in Paragraph 12 below, except that part of Tenant's proportionate share of such Services shall Work, at Tenant's cost and expense, cause to be installed within and throughout 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 hereunderDemised Premises, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunderconnected to Tenant's Utilities Work, 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 Utilities work necessary 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 Demised Premises. None of the existing Utilities or meters in the Building shall be available for use by Tenant. In that regard, and prior to commencing other Tenant's Work, Tenant shall, at Tenant's cost and expense, cause the Utilities to be separated from those used for other space in the Building. Tenant shall not make any installations, alterations, additions or changes to the Utility equipment or systems in the Building without prior written consent of Landlord in each such instance, which consent shall not be unreasonably withheld. Tenant shall comply with the rules and regulations applicable to the service, equipment, wiring and requirements of Landlord and of the companies supplying utilities to the Building. Tenant agrees that its use of Utilities in the Building will not exceed the capacity of existing feeders to the Building or the risers, wiring and piping installations therein, and Tenant shall not use any Utility equipment which, in Landlord's reasonable judgment, will overload such installations or interfere with the use thereof by other Tenants in the Building. If, in Landlord's or Tenant) following such forty-eight (48) hour period until such Services are restored's judgment, Tenant's Utility requirements necessitate installation of additional risers or other proper and necessary equipment or services, the same shall be provided or installed by Tenant at Tenant's expense.

Utilities. Landlord agrees to provideSubtenant shall pay for all utilities, at its costincluding electricity, 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 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 furnished to the Sub-Sublease Premises. Sub-Sublandlord shall monthly invoice Subtenant, as additional rent, Subtenant’s usage of electricity based upon the invoices received by Sub-Sublandlord from the Master Landlord for such electricity usage as measured by a submeter. Sub-Sublandlord shall supply Subtenant with electricity to the Sub-Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of the Master Lease provided however, that Sub-Sublandlord shall contract have no liability for failure to deliver electricity to Subtenant unless such failure is due to Sub-Sublandlord’s intentional act. If Subtenant shall desire any change or increase in the nature or any such utility services, Sub-Sublandlord’s sole obligation shall be to use reasonable efforts to cause the Master Landlord to provide such changes in such utility services requested by Subtenant, and Subtenant, shall, on demand, pay or reimburse Sub-Sublandlord for all reasonable costs, charges or expenses incurred by Sub-Sublandlord in causing Master Landlord to provide such services and in the cost for providing such services. Sub-Sublandlord shall have no obligation to alter existing lines or equipment providing distribution of electricity throughout the Services in Tenant's name prior Sub-Sublease Premises. Subtenant shall be solely responsible for any alterations to the Commencement Date. The Commencement Date shall not be delayed existing lines or equipment made necessary 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 Subtenant’s alterations to the Premises, Sub-Sublease 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 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 Premises (as reasonably determined by Sub-Sublease Premises; provided however, that any such alterations shall be subject to the prior approval of Sub-Sublandlord, Sublandlord and Master Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredin accordance with Paragraph 9 below.

Utilities. Landlord agrees to provide, at its cost, water, electricity A. Premises Utilities Lessee shall obtain 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 and other utilities and services 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 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 at the Premises, together with any taxes, penalties, surcharges 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 like pertaining 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 TenantLessee's use of the Premises and any maintenance charges for utilities. Electricity and Gas serving Lessee's Premises shall be separately metered directly from the public utilities applying service to the Building subject to Lessee's application for services. Lessee shall be responsible for making arrangements for and paying the cost of the installation, maintenance and repair of its own telephone system. Lessor agrees not to prohibit Lessee from obtaining telephone service from the incumbent local phone company serving the area where the Building is located. Lessor shall not be liable for any interruption or failure of utility service on or to the Premises unless such failure was caused by the negligence or willful misconduct, by Lessor in which case Lessor shall be liable for the actual reasonable cost for repairing the damage to the utility service to the extent of Lessor's negligence or willful misconduct. B. Common Utilities Lessor shall obtain and pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or at the Common Area, landscape areas and exterior Building areas, together with any taxes, penalties, surcharges and any maintenance charges for utilities (the "Common Area Utility Costs"). Lessor shall not be liable for any interruption or failure of utility service on or to the Common Area, landscape areas or exterior Building areas unless such failure was caused by the negligence or willful misconduct, by Lessor in which case Lessor shall be liable for the actual reasonable cost for repairing the damage to the utility service to the extent of Lessor's negligence or willful misconduct provided, however, in the event that (i) Common Area water, sewer or electricity is not provided due to Lessor's negligence or willful misconduct, (ii) the Premises are untenantable as reasonably determined a result thereof, and (iii) the non-provision of the Common Area water, sewer or electric service is within the control of the Lessor the Lessee shall have the right to ▇▇▇▇▇ Base Rent during the period commencing three (3) business days following written notice from Lessee to Lessor that (i) such Common Area water, sewer or electric service is not being provided by Landlord Lessor and Tenant(ii) following such forty-eight (48) hour period that the Premises are 10 Lessor MRM ------- Lessee TM ------- untenantable, and continuing until such Services are restoredperiod of untenantability terminates. Lessee shall be responsible for paying it's Proportionate Share of the cost of all Common Area Utility Costs as part of the Building Costs.

Utilities. Landlord agrees Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to providethe Property (for example, at its costelectricity, gas, water, electricity wastewater, garbage, telephone, alarm monitoring systems, cable, and telephone service connections into Internet connections). Unless provided by Landlord, Tenant must, at a minimum, keep the Premises; but Tenant shall pay during the following utilities on, if available, at all times this Lease Term and prior to delinquency all charges for water, is in effect: gas, light, heat, power, electricity, telephone or other communication servicewater, janitorial servicewastewater, trash pick-upand garbage services. Before signing this Lease, sewer Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. a. Tenant agrees to pay any and all other services supplied to or consumed on related deposits and transfer charges that are required by the Premises (collectively utility companies servicing the "Services") and all taxes, levies, fees or surcharges thereforproperty. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in transfer into Tenant's name prior or account, effective on or before the Lease Start Date, all utilities serving the Premises that are to be paid for by Tenant. b. Utilities that are to be placed in the tenant’s name and are payable directly to the Commencement Dateservice providers include: c. Tenant will pay a monthly fee in the amount of $ that will satisfy their obligation for the following utilities, which will be maintained in the landlord’s name: d. There shall be a $50.00 per invoice charge for processing utility bills and payments for those tenants who have failed to put the utilities in their name or have failed to make their utility payments on time. The Commencement Date Any unpaid utilities due to landlord by the tenant shall not be delayed by reason considered rent due under the terms of this lease agreement. e. Tenant shall NEVER have the utilities shut off while this lease is in effect. ▇▇▇▇▇▇ agrees that a copy of this Lease, at the option of Management, may be provided to any public or private utility company providing services to the property and Management shall be entitled to receive notice of any failure by Tenant to so contract for Services. In delinquent billing or cut-off notice from said utility company without the event that any of the Services cannot be separately billed consent or metered prior notice to the PremisesTenant. If, or if for any reason, ▇▇▇▇▇▇ has the utilities turned off, Management will charge a reconnect fee 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 $50.00 per utility plus 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 restoredutility company charge.

Utilities. Landlord agrees Seller shall terminate all light, power and other utilities for the Property, effective as the Close of Escrow. Utility meters will be read, to providethe extent that the utility company will do so, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term daylight hours on the calendar day immediately before the Closing, with charges accruing before the Operations Cutoff Time paid by Seller and prior to delinquency all charges accruing thereafter paid by Purchaser. Prepaid utility charges shall be prorated on the Closing Statement. Charges for utilities which are unmetered, or charges for waterthe meters which have not been read by the Closing, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer will be prorated between Purchaser 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 Seller as of the Commencement DateOperations Cutoff Time, and an adjustment to any determinations made by the cost utility companies necessary to reflect actual operations as of the Operations Cutoff Time if reasonably estimatable or, if not after the Closing based upon utility bill▇▇▇▇ ▇▇▇eived after the Closing in which case Seller or Purchaser, as appropriate, shall, upon receipt, submit a copy of the utility bill▇▇▇▇ ▇▇▇ any such Services shall be an Operating Expense charges to the other party and Tenant such party shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate its pro rata share of such Services charges to the party requesting payment within seven (7) calendar days alter the date of any such request. Seller shall be credited and Purchaser debited for all deposits previously made by Seller which the percentage obtained utility company in question will apply to Purchaser's account. Purchaser shall be responsible for replacing and/or paying, on or before the Closing, all deposits which will not be applied by dividing utility companies for Purchaser's account or which are otherwise required by utility companies in order to continue service at the gross leasable square footage contained in Property for periods after the Premises Operations Cutoff Time and shall take any other action and make any other payments required to assure uninterrupted availability of utilities at the Property for all periods after the Closing. Purchaser agrees that as of or after the Closing, all utility deposits previously made by Seller which are not applied to Purchaser's account may be refunded directly to Seller 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 restoredutility company holding same.

Utilities. Landlord LESSOR agrees to provide, at its costsole expense, the connections to the Leased Premises for sewer, water, electricity electricity, natural gas and telephone service connections into the Premisesservice; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency for all charges for water, gas, light, heat, light power, electricitytelephone, telephone or other communication servicesewer, janitorial service, trash pick-up, sewer fire sprinklers and all other utilities and services supplied to used on or consumed on from the Premises (collectively the "Services") and all Leased Premises, together with any taxes, leviesassessments, fees deposits, surcharges or surcharges therefor. Tenant shall arrange other additional charges, penalties or the like pertaining thereto and any repair and maintenance charges for Services to be supplied to utilities exclusively serving 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 and LESSEE shall furnish all electric light bulbs and tubes and elements. If any of the Services such services are not separately metered as to LESSEE, LESSEE shall pay its Proportionate Share (which amount shall be adjusted for any disproportionate user[s]) of the Commencement Date, the cost of such Services services pursuant to Articles 4.D. and 4.E. of all charges jointly metered with other tenants of the Building; provided, however, LESSOR shall be an Operating Expense and Tenant shall pay such cost have the right to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate charge LESSEE with a greater share of the cost of such Services shall be the percentage obtained by dividing the gross leasable square footage contained services on an equitable basis following written verification of same or a sub meter placed in the Leased Premises by at LESSEE’s sole expense, to the total gross leasable square footage located extent LESSEE is using a disproportionately large amount of the services in all buildings utilizing such Servicesrelation to the other tenants of the Building and/or project. The lack or shortage LESSOR reserves the right to cause any of any Services due said services to any cause whatsoever be separately metered to LESSEE at LESSEE’s sole expense. LESSOR shall not affect be liable or pay for any obligation interruption, re-establishment or failure of Tenant hereunder, and Tenant shall faithfully keep and observe all utility services to the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Leased Premises. A. Notwithstanding anything to the contrary notwithstandingcontained in this Article 12, Landlord agrees if by reason of the intentional act or omission or negligence of LESSOR, its agents, employees or contractors (not included in the provisions of this Paragraph 12.A. is any action (whether direct or indirect) of any municipality, utility, other tenant in the Building or any other third party which results in an interruption or discontinuance in LESSEE’s utilities or other services) there is an interruption or discontinuance in the utilities furnished by LESSOR or other services LESSOR is required to provide under this Lease which results in LESSEE being unable to conduct business from all or a substantial portion of the Leased Premises, and LESSEE does in fact cease the conduct of business in the Leased Premises or such substantial portion thereof for a period in excess of two (2) consecutive business days, then rent shall ▇▇▇▇▇ beginning on the third (3rd) consecutive business day of the interruption or discontinuance and ending on the services are restored such that if Services are curtailed LESSEE is again reasonably able to conduct business at the Leased Premises or suspended such portion thereof. Such abatement shall be in an amount bearing the same ratio to the total amount of rent for such period as the portion of the rentable square feet of the Leased Premises from which LESSEE is unable to and does not conduct business from time to time bears to the rentable square feet of the entire Leased Premises, it being acknowledged that LESSEE may be unable to conduct business from portions of the Leased Premises, even if not directly affected by an interruption or discontinuance of services, if they cannot be occupied for the conduct of LESSEE’s business as a result of the acts an interruption or negligence or willful misconduct discontinuance 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 services to the extent such curtailment or suspension of Services interferes with Tenant's use other areas of the Leased Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services which are restoredcritical to LESSEE’s business operations.

Utilities. Landlord agrees The Sellers will attempt to provideobtain final cut-off readings of fuel, 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, powertelephone, electricity, telephone or other communication serviceand gas to be made as of the Adjustment Date. The Sellers shall pay the bills based on such readings promptly after the same are rendered. If arrangements cannot be made for any such cut-off reading, janitorial service, trash pick-up, sewer and all other the parties shall apportion the charges for such services supplied to or consumed on the Premises basis of the b▇▇▇ therefor for the most recent billing period prior to the Adjustment Date, and when final bills are rendered for the period which includes the Adjustment Date the Sellers and Purchaser shall promptly readjust the apportionments in accordance with such final bills. Post-Closing Adjustments. The items set forth in Section 3(a), (collectively b) and (c) shall be apportioned at the Closing by payment of the net amount of such apportionments to the Sellers in the manner set forth herein for the payment of the Purchase Price if the net apportionment is in favor of the Sellers or by a credit against the Purchase Price if the net apportionment is in favor of the Purchaser. The Sellers and the Purchaser agree that the following items shall not be apportioned at Closing but rather shall be subject to a reconciliation occurring no later than sixty (60) days after the Closing Date (the "ServicesReconciliation Date") and all shall be apportioned between the Sellers and the Purchaser on a Property by Property basis as of 11:59 p.m. on the Adjustment Date: (i) value of prepaid fuel belonging to the Sellers stored on the Property, at the Sellers' cost, including any taxes, levieson the basis of a statement from the Sellers' suppliers; (ii) charges and payments under Contracts that are being assigned to the Purchaser pursuant to the terms of this Agreement and listed on Schedule 3 hereto or permitted renewals or replacements thereof; (iii) any prepaid items, including, without limitation, fees or surcharges therefor. Tenant shall arrange for Services to be supplied licenses which are transferred to the Premises Purchaser at the Closing and shall contract for all annual permit and inspection fees; (iv) utilities, to the extent required by Section 3.4; (v) deposits with telephone and other utility companies, and any other persons or entities who supply goods or services in connection with the Properties if same are assigned to the Purchaser at the Closing; (vi) personal property taxes, if any, on the basis of the Services in Tenantfiscal year for which assessed; (vii) all other revenues from the operation of the Properties other than Rents and Additional Rents (including, without limitation, parking charges, tenant direct electrical reimbursements, HVAC overtime charges, and telephone booth and vending machine revenues); (viii) monthly common expense assessments levied by any condominium association with respect to condominium units constituting a portion of the Properties; (ix) assessments levied by the membership corporation or lot owner's name prior association of Chesterbrook Corporate Center and/or Glenhardie Corporate Center with respect to the Commencement DateProperties; and (x) such other items as are customarily apportioned between sellers and purchasers of real properties of a type similar to the respective Properties and located in the general W▇▇▇▇, ▇▇▇▇▇▇▇ County, Pennsylvania area. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that However, if any of the Services items subject to apportionment under the foregoing provisions of this Section 3 cannot be separately billed apportioned at the Closing or metered on or before the Reconciliation Date, as applicable, because of the unavailability of the information necessary to the Premisescompute such apportionment, or if any of errors or omissions in computing apportionments at the Services are not separately metered as of Closing or on the Commencement Reconciliation Date, are discovered subsequent to the cost of Closing or the Reconciliation Date, as applicable, then such Services item shall be an Operating Expense reapportioned and Tenant shall pay such cost to Landlorderrors and omissions corrected as soon as practicable after the Closing Date or Reconciliation Date, 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 hereunderapplicable, and Tenant the proper party reimbursed, which obligation shall faithfully keep and observe all survive 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 Closing for a period of fortysix months after the Closing Date. Notwithstanding any of the foregoing provisions of this Section 3.5 to the contrary, the Purchaser and the Sellers agree that the six month limitation set forth in this Section 3.5 shall not apply to the parties' obligations under Sections 3.1 and 3.2 and that such obligations shall survive the Closing for one year. Due Diligence Period. Notwithstanding anything to the contrary contained herein, the Purchaser shall have a thirty-eight five (4835) consecutive hours during day period commencing on the Lease Termdate hereof (the "Due Diligence Period") to examine title to the Properties, then Tenantto inspect the physical and financial condition of the Properties and to review the Property Information. Neither the Purchaser nor the Purchaser's Rent payable hereunder Representatives shall contact any governmental authority or any of the Sellers' tenants, vendors, employees, consultants or contractors prior to the Closing without obtaining the Sellers' prior consent in each instance. Access to the Properties. During the Due Diligence Period, the Purchaser and the Purchaser's Representatives shall have the right to enter upon the Properties for the sole purpose of inspecting the Properties and making surveys, soil borings, engineering tests and other investigations, inspections and tests (collectively, "Investigations"), provided (i) the Purchaser shall give the Sellers not less than one (1) business days' prior written notice before each entry, (ii) the first such notice shall include sufficient information to permit the Sellers to review the scope of the proposed Investigations, and (iii) neither the Purchaser nor the Purchaser's Representatives shall permit any borings, drillings or samplings to be done on the Property without the Sellers' prior written consent. Any entry upon the Property and all Investigations shall be equitably abated during such Seller's normal business hours and at the sole risk and expense of the Purchaser and the Purchaser's Representatives, and shall not interfere with the activities on or about the Properties of the Sellers, their tenants and their employees and invitees. The Purchaser shall: (a) promptly repair any damage to the extent Properties resulting from any such curtailment Investigations and replace, refill and regrade any holes made in, or suspension of Services interferes with Tenant's use excavations of, any portion of the Premises Properties used for such Investigations so that the Properties shall be in the same condition as that which existed prior to such Investigations; (b) fully comply with all Laws applicable to the Investigations and all other activities undertaken in connection therewith; (c) permit the Sellers to have a representative present during all Investigations undertaken hereunder; (d) take all actions and implement all protections necessary to ensure that all actions taken in connection with the Investigations, and the equipment, materials, and substances generated, used or brought onto the Properties pose no threat to the safety or health of persons or the environment, and cause no damage to the Properties or other property of the Sellers or other persons; (e) if requested by the Sellers, furnish to the Sellers, at no cost or expense to the Sellers, copies of all surveys, soil test results, engineering, asbestos, environmental and other studies and reports relating to the Investigations which the Purchaser shall obtain with respect to the Properties promptly after the Purchaser's receipt of same; (f) maintain or cause to be maintained, at the Purchaser's expense, a policy of comprehensive general public liability insurance with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage, automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage, and an excess umbrella liability policy for bodily injury and property damage in the minimum amount of $5,000,000, insuring the Purchaser and the Sellers and certain of Sellers' Affiliates listed on Schedule 4, as reasonably determined additional insureds, against any injuries or damages to persons or property that may result from or are related to (i) the Purchaser's and/or the Purchaser's Representatives' entry upon the Properties, (ii) any Investigations or other activities conducted thereon, and (iii) any and all other activities undertaken by Landlord the Purchaser and/or the Purchaser's Representatives in connection with the Properties, and Tenantdeliver evidence of such insurance policy to the Sellers at the earlier of five (5) following such forty-eight days after the date of this Agreement or the first entry on the Properties; (48g) hour period until such Services are restoredindemnify the Sellers and the Sellers' Affiliates and hold the Sellers and the Sellers' Affiliates harmless from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including without limitation attorneys' fees and disbursements), suffered or incurred by the Sellers or any of the Sellers' Affiliates and arising out of or in connection with (i) the Purchaser and/or the Purchaser's Representatives' entry upon the Properties, (ii) any Investigations or other activities conducted thereon by the Purchaser or the Purchaser's Representatives, and (iii) any liens or encumbrances filed or recorded against the Properties as a consequence of the Investigations or any other activities conducted thereon by the Purchaser or the Purchaser's Representatives; and (h) not, at any time, contact or communicate with any tenant of any Property for any reason whatsoever without the prior written approval of the Sellers, which communications, whether by telephone, in writing or in person, Sellers or its designee shall have the right to be present at or otherwise participate in. The provisions of this Section 4.1 shall survive the termination of this Agreement and the Closing.

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, at Landlord's expense, by separate meter, electric and gas service to the Leased Premises. The Commencement Date utility provider or its representative for gas and electric service to the Leased Premises shall invoice Tenant for its usage of such utilities and Tenant shall pay any and all amounts due directly to Landlord. Tenant acknowledges that water and sewer utilities for the Leased Premises are provided by Landlord and billed by Landlord to Tenant based upon ▇▇▇▇▇▇’s proportionate share of same. Simultaneous with the billing to Tenant of its water and sewer charges for the Leased Premises, Landlord shall provide Tenant with details regarding the calculations used by Landlord in computing Tenant’s proportionate share of same. 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, ▇▇▇▇▇▇ 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 cannot be separately billed or metered to the PremisesLandlord, its agents, contractors, or if any of the Services are not separately metered as of the Commencement Dateemployees, the cost of such Services shall be an Operating Expense rent 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 charges 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 services are fully restored. (c) ▇▇▇▇▇▇ agrees to be responsible for its rubbish removal for the Leased Premises. The location and placement of Tenant’s refuse container(s) shall be as shown on Exhibit A, which location and placement is hereby approved by Landlord.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) The Tenant shall will pay during the Lease Term and prior to delinquency all charges (including any taxes thereon) for water, gas, light, heat, power, electricity, telephone water and gas (if any) separately metered and consumed in or on the Demised Premises directly to SP Services Ltd (formerly known as Power Supply Ltd) or other communication service, janitorial service, trash pick-up, sewer relevant corporate entity or authority and will also pay all charges in respect of any telephone services connected to the Demised Premises and all other services supplied to charges (including hire charges for any equipment or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be appliances supplied to the Premises Tenant) and shall contract impositions imposed by any relevant corporate entity or authority for all the supply of the Services in Tenant's name prior any service separately supplied to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for ServicesDemised Premises. In the event that of such water, electricity gas and any other services not being supplied and metered separately to the Demised Premises, the Tenant will pay to the Landlord a proportionate part of the Services cannot cost thereof, such cost to be separately billed or metered calculated by the Landlord and notified to the Premises, Tenant in writing and such notification shall be conclusive as to the amount thereof and in the event of SP Services Ltd or if any other relevant corporate entity or authority responsible for the supply of the Services are not separately metered as of water, electricity gas and any other services supplied and used in the Commencement Date, Building increasing the cost of such Services shall be an Operating Expense and charges therefor the Tenant shall pay to the Landlord a proportionate part of such increased cost as calculated by the Landlord and notified to the Tenant in writing, which notification shall be conclusive as to the amount thereto. (b) Without prejudice to Clause 3.1.22(a) above, in the event that, during the Term> (i) the Landlord intends to purchase in bulk electricity for the Building or any part thereof from a specific retail electricity licensee for the supply of electricity or to change such retail electricity licensee, the Landlord will notify the Tenant of the same in writing and the Tenant shall agree to the Landlord’s appointed retail electricity licensee (the “Retailer”) and shall join the Landlord in its application for such purchase and the Tenant shall enter into such electricity supply agreement with the Landlord and/or such other party or parties as the Landlord may determine and on such terms as may be prescribed or approved by the Landlord; and (ii) the Landlord agrees with the Retailer to furnish a lump sum utilities deposit for the entire Building, the Landlord will notify the Tenant of the same in writing and the Tenant shall pay to the Landlord such amount as Additional Rent, as provided stated in Paragraph 12 below, except that the Landlord’s notification being the Tenant's proportionate ’s share of the utilities deposit (the “Tenant’s Utilities Deposit”), such Services notification shall be conclusive as to the percentage obtained by dividing amount thereto. The Tenant’s Utilities Deposit shall be paid to the gross leasable square footage contained in Landlord within seven (7) days’ receipt of the Premises Landlord’s notification and shall be held by the total gross leasable square footage located Landlord as security for payment of the utilities charges (including any taxes thereon) by the Tenant in all buildings utilizing such Servicesrespect of the Demised Premises. The lack Landlord shall be entitled to deduct from or shortage apply the Tenant’s Utilities Deposit or part thereof towards payment of any Services due outstanding utilities charges incurred by the Tenant. The Tenant’s Utilities Deposit (less any deductions) will be refunded without interest to any cause whatsoever shall not affect any obligation of the Tenant hereunder, and Tenant shall faithfully keep and observe all after the terms, conditions and covenants expiration or sooner determination 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 (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 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 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 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 lights and plugs of the Premises, and electric for HVAC serving the Premises, are paid per proportionate share. 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 either invoice Tenant for such utilities separately as Additional Rent, or include such utilities in amounts due as Operating 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 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 actual 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 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 ▇▇▇▇ Tenant for Servicessuch costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 30 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, safety inspections, or any other reason, including without limitation in cases of emergency; provided, except in cases of emergency, for which no prior notice shall be required, Landlord shall provide written notice to Tenant at least 3 business days’ prior to any such shutdown. Notwithstanding the immediately preceding sentence, Landlord shall have no right to shutdown Tenant’s Supplemental HVAC (defined below) without Tenant’s prior written approval, except in cases of emergency to prevent or mitigate injury to individuals or damage to property. 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 that any 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) Subject to Section 31 below, Tenant, at its sole cost, shall install a supplemental heating, ventilation, and air conditioning (“HVAC”) system serving the laboratory and vivarium portions of the Services canPremises (“Tenant’s Supplemental HVAC”) on the roof of the Building. If Landlord reasonably determines that: (i) Tenant exceeds the design conditions for the HVAC system serving the office portion of 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 office portion of the Premises, including telephone and computer equipment, or any other condition in the Premises caused by Tenant (for example, more than one shift per day or 24-hour use of the Premises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right to install one or more supplemental air conditioning units serving the office portion of 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 office portion of 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 used by Tenant, 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 the actual charges incurred by Landlord as a result of such excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises (including without limitation Tenant’s Supplemental HVAC) 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 Landlord electrical load information reasonably requested by Landlord with respect to any computer room and/or information technology closet in Paragraph 12 the Premises. (d) Subject to Section 32 below, except that Tenant's proportionate share of such Services Tenant shall be entitled, at its sole cost, to install a back-up generator serving 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 restoredPremises.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but 10.1 Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, sewer, gas, heat, light, heat, power, electricitysteam, telephone or other communication service, janitorial service, trash pick-up, sewer utilities and all other services supplied to the Premises, together with any taxes thereon. Under no circumstances shall Landlord be responsible for any interruption, cessation, or consumed on interference with any such utility service UNLESS CAUSED BY INTENTIONAL ACTS OF THE LANDLORD. 10.2 Tenant acknowledges that the Center (Shell) constructed by Landlord or previous Landlord, of which the Premises constitutes a part, will have, unless otherwise specifically provided for herein, two (collectively 2) separate water meters installed to service the "Services"Center. The first such meter (“House Meter”) shall be for monitoring water use for the Common Areas (as defined in Article 18). The expense of operating such House Meter shall be allocated among the tenants of the Center, and Tenant shall pay as additional rent Tenant’s Proportionate Share of such expense in the same manner as and in accordance with the provisions of Article 18 covering the payment of such Common Area expenses. The second such meter (“Tenant Meter”) shall be for monitoring water use by tenants of the Center with respect to water used within or in relation to the operation of said tenants’ businesses at each of their respective Premises. Tenant shall pay as additional rent Tenant’s Proportionate Share of the expense of such Tenant Meter water use in the same manner as and in accordance with the provisions of Article 18 covering the payment of such Common Area expenses. Tenant shall be entitled to receive from Landlord an accounting of its usage within a reasonable time after providing written request to Landlord. 10.3 Tenant acknowledges that the tenant mix and the tenants’ permitted uses within the Center will from time to time change, and such events may result in greater proportionate water usage by some tenants of the Center as compared to others. Accordingly, Landlord may in Landlord’s sole discretion, and at any time during the initial or any extended term hereof, request that Tenant purchase, install and maintain Tenant’s own water meter (“Premises Meter”), to be used exclusively by Tenant. Additionally, Tenant shall have the right, subject to prior approval of Landlord, which approval shall not be unreasonable withheld, to elect to convert Tenant’s water use from said Tenant Meter system to Tenant’s own Premises Meter. In the event Tenant installs a Premises Meter as described herein, whether at the request of Landlord or by election of Tenant, then Tenant shall no longer be included in the prorata allocation of expenses relating to the operation and use of the Tenant Meter described in Paragraph 10.2 above, but shall remain responsible for Tenant’s Proportionate Share of such expense relating to said House Meter described therein. 10.4 In the event Tenant installs a Premises Meter, whether at the request of Landlord or at Tenant’s election, the purchase, installation and maintenance of such Meter shall be at Tenant’s sole cost and expense, and Tenant shall be responsible for compliance with all taxesapplicable laws, levies, fees or surcharges thereforordinances and building codes with respect thereto. Tenant shall arrange for Services such Meter to be supplied properly registered with the appropriate branch of the Department of Water and Power or such other governmental authority having regulatory jurisdiction over the same, and all billing invoices, security deposits and other requirements, records or correspondence relating to said Meter shall be the responsibility of and in the name of Tenant. Landlord shall cooperate with Tenant to the extent reasonably necessary to provide for the installation of said Premises and shall contract for all Meter in cases where such a Meter is installed, including provision of the Services in Tenant's name prior to water meter housing unit for such Premises Meter, the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In water lines leading from such housing unit, through the event that any of the Services cannot be separately billed or metered manifold system, to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of and access to such Services shall be an Operating Expense and Tenant shall pay such cost areas 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 assist in the installation of said 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 restoredMeter.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall obtain and pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone sprinkler charges and other utilities and services used at the Premises, together with any taxes, penalties, surcharges, deposits, maintenance charges, and the like pertaining to Tenant's use of such utilities within the Premises. Tenant or other communication Landlord may, at Tenant's expense, separately meter and ▇▇▇▇ Tenant directly for its use of any such utility service, janitorial servicein which case, trash pick-upthe amount separately billed to Tenant for Building--standard utility service shall not be duplicated in Tenant's obligation to pay Tenant's Proportionate Share of Operating Expenses under Section 2.(c) above. All amounts due from Tenant under this Section 8 shall be payable immediately upon Landlord's request therefor. (b) If solely as a result of Landlord's gross negligence or willful misconduct, sewer and Landlord fails to provide an Essential Service (as hereinafter defined) which Landlord is required to provide to the Premises pursuant to the terms of this to Section 8 (an "ABATEMENT CONDITION"), which prevents Tenant from occupying all other services supplied to or consumed on a material portion of the Premises (collectively the "ServicesABATEMENT SPACE"), then Tenant may elect, by notice to Landlord, to have Base Rent and Tenant's Proportionate Share of Operating Expenses and Taxes ▇▇▇▇▇, subject to the following additional conditions having been satisfied in each instance: (i) With respect to the Abatement Condition in question, Tenant shall have given notice to Landlord of the occurrence thereof, which notice shall designate the cause or suspected cause of the Abatement Condition, if known to Tenant, and all taxesthe portion of the Premises which is not usable by Tenant, leviesand the Abatement Condition in question shall have continued after Tenant has given such notice for a period of not less than seven (7) consecutive days; and (ii) Tenant, fees solely because of the occurrence of the Abatement Condition, shall have actually vacated the Abatement Space for not less than seven (7) consecutive days after giving its notice to Landlord of the Abatement Condition. If, with respect to the Abatement Condition in question, the conditions of this Section 8.(b) are fulfilled, then Base Rent and Tenant's Proportionate Share of Operating Expenses and Taxes shall ▇▇▇▇▇, in the proportion that the rentable square foot area of the Abatement Space actually vacated bears to the rentable square foot area of the Premises, for a period equal to the lesser of (A) the period during which Tenant has actually vacated the Abatement Space, or surcharges therefor(B) the period of time between Tenant's having vacated the Abatement Space and the date Tenant receives notice from Landlord that the Abatement Condition has been cured, provided that such time periods shall not commence to run until the day after Tenant gives Landlord notice of the Abatement Condition as required above. For purposes of this Section 8.(b), vacation of the Abatement Space shall not require Tenant to remove furniture, fixtures or equipment. Tenant shall arrange be deemed to have vacated the Abatement Space if, due to the Abatement Condition, the Abatement Space is not occupiable by Tenant, and Tenant does not in fact conduct any business in or use the Abatement Space. Tenant agrees that furnishing Landlord with notice of the Abatement Condition shall be an election of remedies, and Tenant shall be deemed to have waived any other rights against Landlord at law or in equity, including, but not limited to, an action for Services money damages in connection with the Abatement Condition in question. Nothing contained herein shall limit Tenant's right to an abatement of rent or termination of this Lease in the case of a Casualty as provided in Section 10 hereof. For purposes hereof, an "ESSENTIAL SERVICE" shall mean the standard services to be supplied provided by the heating, ventilation and air conditioning systems, life safety systems, mechanical systems, plumbing and waste disposal systems and electrical systems to the extent Landlord is required to provide such services to the Premises and shall contract for all of the Services in Tenant's name prior pursuant to the Commencement Date. The Commencement Date terms of this Section 8. (c) Except as expressly provided above, 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, 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 hereby waives the provisions of such Services shall be California Civil Code Section 1932(1) or any other applicable Laws permitting 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 termination of this Lease and pay all Rentals due hereunder, all without diminution, credit to such failure 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 restoredinterruption.

Utilities. Landlord a. Tenant agrees to providepay monthly during the term of this Lease, at as additional rent, an amount equal to its costProportionate Share for all water and sewer charges attributable to the Building based on the charges billed to Landlord therefor. Notwithstanding the foregoing, waterduring such time that Tenant shall be the sole occupant of the Building, electricity and telephone service connections into the Premises; but Tenant shall pay during 100% of such water and sewer charges (except if separately metered in which event Tenant shall only pay the Lease Term and prior amount metered 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 thereforTenant). Tenant shall arrange for Services have a right to be supplied to the Premises and shall contract for all of the Services in install a submeter at Tenant's name prior to the Commencement Dateown cost and expense. 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 If said utilities are not separately metered as or submetered and any common users of the Commencement Dateshared meter are extraordinary users of said utility, the cost of such Services then there shall be an Operating Expense and Tenant shall pay a reasonable allocation of 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 extraordinary users. If Landlord leases space to another Tenant in the Building of which the Demised Premises by the total gross leasable square footage located in all buildings utilizing are a part, Landlord shall provide such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant with electric service and metering which is separate from Tenant hereunder, and except for common area costs. Tenant shall faithfully keep only be responsible for its own electric consumption. b. Tenant shall arrange to have the utilities that are separately metered for the Demised Premises billed in its own name and observe all the terms, conditions and covenants of this Lease and shall pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence charges therefor directly to the contrary notwithstandingutility company furnishing the services. Removal of Tenant's trash from the Building and Property shall be Tenant's responsibility and shall be done at Tenant's cost. c. Landlord reserves the right to enter upon the Demised Premises accompanied by a Tenant representative upon reasonable notice, during normal business hours and provided Landlord agrees that if Services are curtailed or suspended shall not unreasonably disturb Tenant's operation, for the purpose of connecting to wires, cables conduits and pipes and the like within the Demised Premises which supply utilities to the Premises as a result Building in order to supply other tenants of the acts or negligence or willful misconduct Property with gas, electric, water and such other utilities. d. The building of Landlord for which the Demised Premises are a period part is entitled to usage of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder 21,000 gallons per day of sewerage capacity. Tenant shall only be equitably abated entitled to the extent use its Proportionate Share of 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 restoredcapacity.