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. (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, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its costsole cost and expense, waterprovide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, 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 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 anything contained in this Lease to the event that contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except 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 same due to any cause whatsoever shall not affect any obligation negligent or wrongful act or neglect of Tenant hereunderor Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and Tenant (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall faithfully keep have received notice thereof from Tenant, 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 (iii) as a result of such Service Interruption, the acts conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or negligence or willful misconduct of Landlord for a period of forty-eight cooling (48) consecutive hours during the Lease Termappropriate season), then Tenant's Rent payable hereunder shall be equitably abated access to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord Leased Premises, water and Tenant) following such forty-eight (48) hour period until such Services are restoredsewer/septic service and electricity.

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 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. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to used or consumed on the Premises (each, a “Utility Service” and collectively the "“Utility Services"”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) and at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the proposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and shall contract for all associated with the delivery of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services[***]. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored[***].

Utilities. Landlord agrees to provideCommencing on the Effective Date and continuing through the remainder of the Term, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during be responsible for maintaining 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 portion of the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to utility lines located within the Premises and shall contract pay for all of the Services gas, water, electricity, telephone, and other utility services used or consumed in Tenant's name prior or about or furnished to the Commencement DatePremises during the Term and shall pay all sewer use fees or similar charges made or imposed with respect to or against the Premises during the Term. The Commencement Date Tenant shall hold Landlord and the Premises harmless from all liens, charges, and costs with respect to such items. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant requires additional utility facilities, such additional utility facilities shall be installed at Tenant’s expense in accordance with plans and specifications approved in writing in advance by Landlord. Landlord shall not be delayed by reason liable for any interruption in the supply of any failure utilities to the Premises or for any damage caused either to the electrical system or to Tenant’s equipment in the Premises by any power surge. To the extent feasible, Landlord shall cooperate, at no cost to Landlord, with Tenant to so contract for Servicescause all such utilities to be put in the name of Tenant, with all bills being sent directly to Tenant. In If Tenant fails to pay any utility bills or charges, Landlord, may, at its option, upon reasonable notice to Tenant, pay the event that same and, in such event, the amount of such payment, together with interest thereon at the Default Rate (hereinafter defined) from the date of such payment by Landlord, will be added to Tenant’s next due payment of Base Rent, as Additional Rent. If Landlord provides any of the Services such utility services to Tenant because they are not or cannot be separately metered or billed or metered to the PremisesTenant, 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 then Tenant shall pay such cost to Landlord, as Additional Rentwithin thirty (30) days after receiving a statement therefor from Landlord, as provided in Paragraph 12 below, except that Tenant's proportionate Txxxxx’s equitable share of the billing received by Landlord for such Services utility service, which share 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 in its reasonable discretion taking into account such factors, including but not limited to the nature of Tenant) following such forty-eight (48) hour period until such Services are restored’s business, as Landlord reasonably may consider to be appropriate.

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. Landlord a. LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or ascribed to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of XXXXXX’s invoice. XXXXXX agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the LESSOR or the utility owner. b. The LESSEE agrees to provideindemnify and hold LESSOR harmless, at in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its costsuppliers, waterand LESSOR further reserves the right to temporarily terminate the supply, electricity or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and telephone service connections into safety. c. If LESSEE requires utilities beyond what is currently available, XXXXXX agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises; but Tenant , and to comply with all provisions for maintaining such utilities. d. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of LESSEE. The LESSOR shall pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term greatest extent possible, any unreasonable interference or interruption to LESSEE’S operations. e. LESSEE shall design and install all utilities used by LESSEE subject to the express approval of the LESSOR prior to delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract become the owned property of LESSOR. All utility facilities installations shall meet the requirements of Section 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. f. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LESSOR upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLESSOR’S request.

Utilities. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate provider, all charges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Premises and shall contract for all during the Term of the Services in Tenant's name prior this Lease, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If any services or utilities furnished to the Commencement DatePremises are jointly metered with other premises, Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. The Commencement Date shall not be delayed by reason of For any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service furnished to the Premises, or if any of the Services are Premises not separately metered metered, such as water and sewer, Landlord shall have the right, at its sole election and at any time, to install at Tenant’s expense a submeter to measure the Premises’ use of the Commencement Datesuch utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time as Additional Rent for the cost of such Services utility service used by the Premises. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be an Operating Expense and Tenant shall pay such cost to Landlord, as deemed Additional Rent, as provided Rent in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany other causes.

Utilities. SECTION 4.1. The Tenant represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior , pay to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises any and all charges incurred by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of Landlord for any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended ail utilities supplied to the Premises including, without limitation, telephone, electricity, water, heating oil and/or natural gas. The Landlord hereby agrees that any demand given by the Landlord to the Tenant pursuant to the provisions of this Section 4.1 shall include an accurate copy of the invoice, statement, bill or similar document issued by the public utility or any private xxxpany providing such utility, as the case may be, with respect to any utility for which payment is demanded. SECTION 4.2. Landlord shall not be liable in any way to Tenant for any interruption or failure of or defect in the supply or character of any utility furnished to the Premises, now or hereafter, or for any loss, damage or expense Tenant may sustain if either the quantity or character of any utility is changed or is no longer suitable for Tenant's requirements, whether by reason of any requirement, act or omission of the public utility serving the Premises or for any other reason whatsoever. Notwithstanding the provisions of this Section 4.2, the Landlord shall be responsible for any and all actual damages suffered by the Tenant as a result of any interruption of utility service caused solely by the acts Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or negligence private company providing such utility, as the case may be, any amount which has been paid by the Tenant to the Landlord pursuant to the provisions of Section 4.1 hereof. SECTION 4.3. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring, as well as any and all requirements of the public utility supplying electricity to the Premises. Tenant shall not, without Landlord's prior written consent in each instance (which consent may be withheld by the Landlord in its reasonable discretion), connect any fixtures, machinery, appliances or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during equipment to the Lease Term, then Premises electric distribution system or make any alteration or addition to Tenant's Rent payable hereunder machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined provided by Landlord and Tenantthe cost thereof shall be deemed Additional Rent due hereunder and shall be forthwith paid by Tenant within five (5) following days of Landlord's written demand. SECTION 4.4. If any Taxes are imposed upon Landlord with respect to any utility furnished as a service to Tenant by any Governmental Authority, Tenant agrees that such forty-eight Taxes shall be reimbursed by Tenant to Landlord within five (485) hour period until such Services are restoreddays of written demand. The Landlord hereby agrees that any demand given by the Landlord to the Tenant pursuant to the provisions of this Section 4.4 shall include an accurate copy of the invoice, statement, bill or similar document issued by the relevant Governmental Authorixx xr Governmental Authorities, as the case may be, with respect to the Taxes for which payment is demanded.

Utilities. (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 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. 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. (a) Tenant covenants and agrees that its use of electric current shall not exceed the capacity of the systems, wiring and other electrical equipment which Landlord agrees makes available to providethe Premises and its total connected load will not exceed the maximum load from time to time available to the Premises. Tenant shall not overload the electrical wiring or electrical panels within or serving the Premises and will install at its own expense, but only after obtaining Landlord's prior written approval, any additional electrical wiring or panels which may be required in connection with Tenant's apparatus. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Tenant, at Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its costlease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and each submeter promptly at the end of each monthly electricity billing period and promptly furnish Landlord with the breakdown (the "Electric Breakdown") of electrical consumption between Tenant and EWI based on such readings. Tenant shall make arrangements with EWI to coordinate the reading of any such main electric meter and any such electric submeter. If, for any reason, Tenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, Tenant shall promptly notify Landlord. Tenant shall pay its share of the electrical charge to Landlord each month upon the later to occur of (i) five (5) days after receipt of a statement for such electric charges or (ii) five (5) days before each related electric bxxx is due and payable. The cost of installation, maintenance and repair of any sub-meter which Tenant elects to install shall be borne by Tenant. Gas and water are also currently furnished to the Building through one gas meter and one water meter. Tenant may, if it so elects, install separate submeters for measurement of gas and/or water consumption by Tenant at Tenant's sole expense. The Tenant shall pay when due all charges for utility services provided directly to the Premises including, without limitation, electricity, gas, water, electricity sewer and telephone service connections into the cost of providing heating, ventilating and air-conditioning to the Premises; but . (b) Tenant, in cooperation with EWI, shall read each of the utility meters or submeters promptly at the end of each monthly electricity, sewer, water and gas billing period and shall promptly furnish Landlord with the results of each such reading. Tenant shall pay during the Lease Term and prior to delinquency its share of all charges for watersuch electric, gas, light, heat, power, sewer and water utility charges to Landlord each month at least five days before each related utility bxxx is due and payable. If electricity, telephone water or other communication servicegas consumed by the Premises is not metered or submetered separately from electricity, janitorial servicewater or gas, trash pick-upas the case may be, consumed by the remainder of the Buildings, Tenant shall pay to Landlord, within five (5) days of being billed therefor by Landlord (but, in any event, not sooner than five (5) days before such sums are, in fact, payable to the applicable utility company), Tenant's share of the aforesaid utilities determined as hereinafter set forth. Where there is no such separate meter or submeter installed to measure Tenant's consumption of electricity, sewer, water or gas, Landlord may, from time to time, determine Tenant's share of all such electric, gas, sewer and water charges based on estimates of relative consumption levels based on actual use (or estimated use if actual usage information is not available) prepared by an independent consulting or engineering firm experienced in making such estimates and, in such case, such estimates of the cost of providing electricity, gas, sewer and water to the Premises shall be binding on Landlord and Tenant. Until an estimate of usage is obtained from a consulting or engineering firm as contemplated by this Section 4.9(b), Landlord may estimate Tenant's share of all other services supplied to or consumed electric, sewer, water and gas expenses and require that Tenant pay such estimated amounts monthly in arrears on the last day of each calendar month during the Term. Landlord shall have the right to adjust monthly estimated payments on account of such utilities from time to time. If water is consumed in the Premises (collectively for purposes other than ordinary drinking and lavatory purposes or in excessive quantities or if Tenant's heating or cooling requirements are materially greater than the "Services") and all taxesrequirements of other tenants, levies, fees or surcharges therefor. then Tenant shall arrange pay to Landlord, on demand from time to time, charges for Services to such additional water, heating or cooling as Landlord may require. (c) Landlord shall not be liable for any interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and shall contract for all of Landlord reserves the Services in Tenant's name prior right to stop any service or utility to the Commencement Date. The Commencement Date shall not be delayed Premises, when in Landlord's reasonable judgment it is deemed necessary by reason of accident, emergency or repair or otherwise; and no such interruption or stoppage shall be deemed to be an eviction of Tenant or relieve Tenant from any failure obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by Tenant reason of the foregoing, Landlord will use all reasonable efforts to so contract for Servicesrestore the affected service or services as promptly as possible and to minimize, to the extent reasonably possible under the circumstances, any interference, disruption, suspension or interruption of Tenant's use and enjoyment of the Leased Premises by reason thereof. (d) All sums payable under this Section 4.9 shall constitute additional rent. In the event that of nonpayment of any of sums due under this Section 4.9, Landlord shall have all the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered same rights and remedies available as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage case of any Services due to any cause whatsoever shall not affect any obligation nonpayment of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAnnual Rent.

Utilities. Landlord agrees to provide(a) Commencing on the Commencement Date, at its costand continuing throughout the Term, water, electricity and telephone service connections into the Premises; but Tenant shall pay during for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the Lease Term applicable utility service provider for any utilities that are separately metered (not submetered) to the Premises; (ii) Tenant shall pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage; and prior (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to delinquency Building tenants or paid separately by such tenants. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right, upon reasonable advance written notice to Tenant, to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, at no cost to Tenant. In exercising such right, Landlord shall use its commercially reasonable efforts to avoid interfering with Tenant’s use and occupancy of the Premises. For those utilities set forth in subsection (ii) above, Landlord shall invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor). For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor), or together with Operating Expenses. Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within thirty (30) days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises meters plus the reasonable costs for reading the meters within thirty (collectively the "Services"30) and all taxes, levies, fees or surcharges days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered payable to Landlord as Additional Rent within thirty (30) days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence utility supplying electricity to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord (such approval not to be unreasonably withheld). Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water and all other utility services delivered to the Premises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to providepurchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at its cost, water, electricity the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and telephone service connections into metered the same directly to the Premises; , but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay during Landlord for same at the Lease Term same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and prior metered the same directly to delinquency all charges for waterthe Premises, gas, light, heat, power, electricity, telephone or other communication but in no event at a cost which is less than the cost Landlord must pay in providing such service, janitorial and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash pick-upcompactor/trash removal, sewer cleaning, and all other services supplied security, available to or consumed on the Premises (collectively the "Services") and all taxesand, leviesin such event, fees or surcharges thereforTenant shall utilize such services, at Tenant's expense. Tenant shall arrange for Services to be supplied to operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and shall contract for all of the Services in set Tenant's name prior to thermostat at the Commencement Datesame temperature as that thermostat in the mall which is nearest the Premises. The Commencement Date Tenant shall not be delayed responsible for the installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and other components. Tenant shall operate ventilation so that the relative air pressure in the Premises will be the same as or less than that in the adjoining mall as reasonably required by reason of any failure by Tenant to so contract for Servicesthe Landlord. In the event that any Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for such services with one of the Services cannot be separately billed service providers available at the Center. In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or metered any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities or services to the Premises, or if any then Tenant's rent shall be abated after the expiration of the Services are not separately metered as eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the Commencement Dateportion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the cost rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such Services reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be an Operating Expense and payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall pay not be permitted to abatx xxxt as hereinabove otherwise provided if the failure to provide any such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack utilities or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended services to the Premises is as a result of Tenant's failure to pay for the acts same or due to the negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease TermTenant, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment its employees, agents or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcontractors.

Utilities. Landlord 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 6.1 Sublessee will contract separately and independently with providers to providesupply all electrical, at its costbeating, waterfuel oil, electricity and telephone service connections into alarm services to the Demised Premises; . All costs associated with such services, including, but Tenant shall pay during not limited to fees or expenses related to re-routing utility conduits (including, without limitation, for fuel oil) in order that the Lease Term Demised Premises is suitable for Sublessee’s operation and prior separation of the foregoing utilities set-up costs. activation fees, maintenance, usage, and other charges, will be the responsibility of Sublessee. Sublessee will work with Base Lessor as necessary to delinquency effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all charges costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and the foregoing purposes. For all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities provided to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Demised Premises, or if any of the Services including, but not limited to hot and cold water services and other utilities which are not separately metered as reasonably capable of the Commencement Datesubmetering, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to LandlordSublessor will xxxx Sublessee, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's based on Sublessee’s proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises Property, twenty eight and one half percent (28.5%) of Sublessor’s total costs of such utilities for the Property (the “Utilities Invoice”). The Utilities Invoice will also include one hundred percent (100%) of Sublessor’s costs related to the Extra Power (as reasonably determined defined below). Amounts owed to Sublessor for the Utilities Invoice will be paid within thirty (30) days of Sublessee’s receipt of Sublessor’s statement therefor. If such amounts are not received by Landlord Sublessor on or before the date in which said payment is due, a service charge of five percent (5%) thereof will be paid by Sublessee in addition to the payment due. 6.2 Sublessor agrees to provide Sublessee with access to an additional four hundred (400) Kilowatts of electricity output that is available on the Property (the “Extra Power”); provided, Sublessee will be responsible for all costs related to Sublessee’s use of the Extra Power including, without limitation, (i) the initial assessment to determine the extent of the Extra Power available, (ii) Sublessor’s installation of a submetering device and Tenantother modifications necessary to provide for separate metering, (iii) following such fortyexpenses incurred by Sublessor to break applicable usage contracts in order to provide the Extra Power, and (iv) all other applicable costs including, without limitation, set-eight up costs, activation fees, maintenance, and usage charges. The work and services performed under this Section 6.2 may be done or overseen by an employee of Sublessor and billed back to Sublessee. Other than the initial assessment referenced in subsection (48i) hour period until such Services are restoredof this Section 6.2, which has already been conducted, all work to be performed related to the Extra Power will not commence without Sublessee’s approval.

Utilities. 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. 3.5.1 Landlord agrees shall have the right from time to providetime to select the company or companies providing electricity, gas, fuel, one or more categories of Telecommunication Services and any other utility services to the Building. Landlord reserves the right to change electricity providers for the Building at its costany time and to purchase green or renewable energy, provided that the cost of such green or renewable energy as passed through to Tenant shall not be materially greater than the then cost of other sources of energy then available on the market.. With the exception of water, sewer, electricity and telephone service connections into the Premises; but HVAC, Tenant shall contract directly and pay for all utilities used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the Premises or is not otherwise separately accounted for and billed to Tenant, the cost therefor shall be an Operating Cost under this Lease, provided that the cost of electric current for lights and convenience outlets shall be billed by Landlord to Tenant separately from, and in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets (exclusive of any other purposes) shall be Two and 00/100 Dollars ($2.00) per rentable square foot. Landlord makes no warranty or representation that such cost will not increase during the Lease Term due to increases in electric rates and/or electricity consumption, as the case may be, provided that there shall be no xxxx up of the actual cost as billed by the utility provider. 3.5.2 Tenant acknowledges that space on the Building rooftop and in Building risers, equipment rooms and equipment closets is limited. If Tenant requires Telecommunication Services for the Premises other than from the provider or providers of Telecommunication Services selected by Landlord and whose Telecommunication Facilities are installed in or about the Building or on the rooftop of the Building, provision for alternate or supplemental Telecommunication Services or Telecommunication Facilities has been made in a license agreement accompanying and made part of this Lease. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent (given in its absolute discretion) and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant for such purposes and setting forth the scope, the additional rent, if any, royalties and the other terms and conditions of that license, and (c) Tenant negotiating and obtaining the right, if any is required, to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. The agreement referred to in clause (b) of the previous sentence shall be incorporated in and become part of this Lease. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may reasonably require, (2) be subject to such procedures, regulations and controls as the Landlord may specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the failure of, diminution of or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the Premises, unless such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord, its agents or contractors or by a failure in facilities, equipment or systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such interruption, deprivation or reduction in utility or building services to the Premises, Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for the period beginning with (a) the day which is five (5) Business Days after the date on which Tenant delivers notice to Landlord of such interruption, deprivation or reduction and that Tenant is being deprived of all reasonable use of the Premises and ending on (b) the date such interruption, deprivation or reduction which is Landlord’s responsibility is not causing Tenant to be deprived of all reasonable use of the Premises. 3.5.4 HVAC service shall be provided to the Premises Mondays through Fridays from 8:00 a.m. to 6:00 p.m., except for holidays (“Building Standard Hours”). Landlord shall provide HVAC service at times in addition to Building Standard Hours (“After-Hours HVAC”); provided, however, Tenant gives Landlord notice prior to 1:00 p.m. on the same day such After-Hours HVAC is required with respect to service on Business Days and prior to delinquency all charges 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for waterAfter-Hours HVAC shall be at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, gashowever there will be no charge for After-Hours HVAC on Saturdays between 8:00 AM and 12:00 noon (although Tenant must request same as set forth in the preceding sentence). Any HVAC service on holidays shall be considered After-Hours HVAC. 3.5.5 Tenant shall not install any supplemental HVAC, light, heat, power, electricity, telephone space heaters or other communication service, janitorial service, trash pickutilities or energy-up, sewer and all other services supplied to or consumed on intensive equipment (“Supplemental Utilities Equipment”) in the Premises (collectively the "Services") and all taxeswithout Landlord’s prior written consent, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date which consent shall not be delayed unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by reason of any failure by Tenant to so contract for ServicesLandlord. In the event that Landlord consents in writing to such installation, Tenant shall be responsible, all at its sole cost and expense, for the installation, maintenance, and repair of any of Supplemental Utilities Equipment, and, at Landlord’s election, shall remove same from the Services cannot be separately billed Premises upon the expiration or metered to the Premises, or if any termination of the Services are not separately metered as Lease Term at Tenant’s sole cost and expense. If Tenant’s request for Landlord’s approval of any Supplemental Utilities Equipment is accompanied by a written request that Landlord identify all or any portion thereof that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, Landlord shall identify such Supplemental Utilities Equipment (if any) by a written notice to Tenant given at the time of Landlord’s approval if, but only if, Tenant’s request for approval of such Supplemental Utilities Equipment is submitted with a notice at the top of the Commencement Datepage having a heading in at least 12-point type, the cost of such Services shall be an Operating Expense bold and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereundercapital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY SUPPLEMENTAL UTILITIES EQUIPMENT WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, and Tenant shall faithfully keep have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant agrees that it will maintain and observe repair any Supplemental Utilities Equipment, and major components thereof, in first-class condition, and to the extent applicable any such equipment will be operated on sensors or timers that limit the operation of such Supplemental Utilities Equipment to hours of occupancy in the areas immediately adjacent to the occupying personnel. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor or the seller of any such Supplemental Utilities Equipment, and upon Landlord’s reasonable request, Tenant will provide Landlord with reasonable evidence of such maintenance and repair. Upon Landlord’s request, at reasonable times and upon prior notice to Tenant (except in the event of an emergency, where no notice is required) Landlord shall have the right to inspect, on not less than a monthly basis, the aforementioned Supplemental Utilities Equipment and major components provided Landlord shall use commercially reasonable efforts to minimize Landlord’s interference with Tenant’s business. Tenant shall not permit any Supplemental Utilities Equipment to disturb or interfere with any of the Building’s systems or any other tenant in the Building, and Tenant will remove, at Tenant’s sole cost and expense, any such Supplemental Utilities Equipment at Landlord’s direction in the event of such disturbance or interference. Landlord reserves the right to separately submeter (or cause Tenant to separately submeter) any Supplemental Utilities Equipment, all at Tenant’s sole cost and expense. Notwithstanding anything herein to the termscontrary, conditions and covenants in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstandingparagraph 3.5.5, Landlord agrees may perform such removal at its election, and Tenant shall reimburse Landlord for any costs relating thereto, or in the event that if Services are curtailed or suspended Tenant performs such removal, Tenant shall be responsible to Landlord for any damage caused to the Premises as a result of or Building in connection therewith. 3.5.6 To the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termextent reasonably available to Tenant, then Tenant's Rent payable hereunder Tenant shall be equitably abated required to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as submit to Landlord any electricity consumption data and costs in a format deemed reasonably determined acceptable by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

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

Utilities. Landlord agrees to provide, a. From and after the Ready for Occupancy Date and at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours times during the Lease Term, then Tenant covenants and agrees to pay, prior to delinquency, the costs and charges for all utilities, including but not limited to gas, propane, electricity, water and sewer, telephone, and trash service used and consumed by Tenant's Rent payable hereunder shall be equitably abated , its employees, agents, servants, customers and other invitees in the Premises, and to the extent possible shall contract for the same in its own name and on separate meters. If Tenant fails to pay any such curtailment charges, Landlord may, at its option, pay the same for and on Tenant’s account, in which event Tenant shall promptly reimburse Landlord therefor, together with interest at one percent (1%) per month from the date of expenditure until paid. Landlord shall have no liability for interruption of any utility service, and Tenant may not xxxxx rent, unless due to Landlord’s gross negligence or suspension willful misconduct, and not due to any fault of Services interferes with Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant's , at Tenant’s expense shall pay for all utilities including water, sewer, gas, telephone, trash, and electricity to the Premises for the use of Tenant. Landlord shall, at Landlord’s expense, install meters or submeters (if meters or submeters are not already on the Premises Premises) to separately measure Tenant’s consumption of water, and electrical and gas energy (if supplied). Tenant shall keep meters and installation equipment in good working order and repair at Tenant’s sole cost and expense; failure to do so may allow Landlord to cause such meters and equipment to be replaced or repaired, and collect the cost thereof from Tenant as reasonably Additional Rent. If any utility cannot be separately metered or separately determined, Tenant agrees to pay its pro rata share thereof which shall be determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreda flow meter to be installed by Landlord.

Utilities. 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 Throughout the term of this Lease Tenant agrees to provide, at its cost, water, pay for all water natural gas electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied furnished to or consumed on by Tenant in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied due with respect to the Premises and shall contract for all of the Services in Tenant's name Property prior to the Commencement Date. The Commencement Date Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, Landlord shall not be delayed by reason liable to Tenant or any other person or entity for any loss, damage or expense which may be sustained if the quality or character of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered electric service other utility service furnished to the PremisesPremises is changed, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service is no longer available or suitable for Tenant's proportionate share requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of such Services shall be God the percentage obtained making of necessary repairs or Improvements or by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesany causes beyond Landlord's control. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingset forth in this Section 12, Landlord hereby agrees that if Services are curtailed there is an interruption or suspended discontinuance of gas, water, sewer or electric utilities to the Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as a result of the acts or negligence or willful misconduct of Landlord described in, Section 14 hereof) and continues for a period of forty-eight two (482) or more consecutive hours during the Lease Termbusiness days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), then Tenant's Rent payable hereunder minimum annual rent shall abate commxxxxxg at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be equitably abated fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the provisions hereof. Tenant's rent shall not abate excexx xx the extent of Landlord's recovery with regard to the extent such curtailment or suspension of Services interferes with Tenant's Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises (as reasonably determined by Landlord for conducting its business, the rent shall abate only xx xroportion to the part rendered untenantable and Tenant) following such forty-eight (48) hour period until such Services are restorednot so used.

Utilities. Landlord agrees 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 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. 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. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord agrees to provideshall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, that Landlord’s determination of the Tenant’s proportionate share of electric usage in the premises shall be final and determinative. The Tenant acknowledges that the initial charges for normal electric usage shall be calculated at the rate of $1.60 per square foot per annum. In calculating Tenant’s proportionate share of electric usage, Landlord shall take into consideration customary costs and expenses for similar uses, types of equipment and shall consider the hours of operation of Tenant and other Tenant’s in the building as estimated by FPL. Landlord may, at its costsole option, waterelect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be available to the premises. Landlord shall not be liable to Tenant for any interruption in utility services beyond Landlord’s control, provided that Landlord shall take no action to interfere with, interrupt or terminate the availability of such services. Landlord shall obtain and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gassewage and garbage disposal for the entire building, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on including the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange at its sole cost and expense without any right to offset or claim against Landlord, and subject to all applicable building codes and ordinances and Landlord’s prior written approval as to location and schematic design shall be authorized to have Cable TV service from any locally authorized Cable TV Service Provider for Services to be supplied the Building, installed to the Premises Building and shall contract for all of the Services in Tenant's name prior to the Commencement DatePremises. The Commencement Date Tenant shall not indemnify and hold Landlord harmless from any claims, losses or damage in connection with such installation and in no event shall such installation interfere with any other Tenancies or rights to occupancy of other Tenants in the Building. Tenant shall be delayed by reason solely responsible for restoring or replacing any damage incurred in connection with the installation of such Cable TV services to the premises. Tenant shall be responsible for the payment of any failure by Tenant to so contract for Servicesinstallation costs or fees and any fees in connection with monthly service. In the event that any of the Services cannot Tenant shall be separately billed or metered unable to obtain Cable TV service to the Premisesbuilding, or if any of the Services are not separately metered as of the Commencement Datepursuant to this Pxxxxxxxx 0, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Xxxxxx subject to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended terms and conditions of Section 41 hereof relating to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's signage and use of the Premises (as exterior of the building, shall with Landlord’s prior written approval, which shall not be unreasonably withheld may install a satellite TV Dish antenna not exceeding 18 inches in diameter. Such antenna shall be installed in accordance with installation techniques reasonably determined approved by Landlord Landlord, in a location designated by Landlord, and Tenant) following in no event shall such forty-eight (48) hour period until such Services are restoredantenna be visible from street level around the building or interfere in any way with the microwave telephone antennas or other telephone equipment located on the roof of the building, or the satellite antennas of any other tenants currently located on the roof of the building.

Utilities. Landlord agrees LESSOR shall provide to providethe Leased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and also to the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 PM each business day (herein “Normal Business Hours”). LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at its costLESSEE’s sole cost and expense). Notwithstanding the foregoing, water, electricity and telephone service connections into the Premises; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed electricity used on the Leased Premises. LESSEE shall pay all actual charges, without xxxx-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric xxxx for the Building if not separately metered or if only partially separately metered to the Leased Premises (collectively whichever or both as may be applicable), at the "Services") and all taxes, levies, fees or surcharges thereforreasonable determination of the LESSOR. Tenant LESSOR shall arrange for Services to be supplied determine any such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall contract issue LESSEE a refund or deficiency statement for all that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason its receipt of any failure by Tenant to so contract for Servicessaid invoice. In the event that of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the Services cannot be separately billed or metered to relevant electric bills, and information regarding which spaces in the Premises, or if any of the Services Building are not separately metered as of to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Commencement Date, Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the cost of such Services Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall be an Operating Expense make available overtime heat and Tenant air-conditioning and LESSEE shall pay such cost as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to Landlordincrease by the same percentage amount by which the standard electric rates are increased), as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services billed by LESSOR. LESSEE shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage give LESSOR twenty four (24) hours prior notice of any Services due to any cause whatsoever requirements for specialized overtime heating and air-conditioning. LESSOR shall not affect be liable to LESSEE for any obligation of Tenant hereunderinterruption, and Tenant shall faithfully keep and observe all the termsinterference, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit damage or deduction. The immediately preceding sentence loss to the contrary notwithstanding, Landlord agrees that if Services are curtailed LESSEE’s research or suspended to the Premises experimentation occasioned as a result of any failure in the acts heating, ventilation, air conditioning, or negligence electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct of Landlord for misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a period of forty-eight (48) consecutive hours during municipal permit or which may interfere with any other tenant in the Lease Term, then Tenant's Rent payable hereunder Building shall be equitably abated done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Leased Premises on a 24-hour basis, (as reasonably determined by Landlord b) base Building fire and Tenantlife-safety systems; and (c) following such forty-eight (48) hour period until such Services are restoredjanitorial and cleaning service to common lavatories and common areas.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall contract directly and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on from the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforsimilar charges relating to such utilities. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall If any such service is not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any the cost therefor shall be billed by Landlord to Tenant as a part of the Services are not separately metered as Tenant's share of the Commencement DateOperating Costs, provided that the cost of such Services electric current for lights and convenience outlets shall be an billed by Landlord to Tenant separately from, and in addition to, Operating Expense Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets only shall be $1.00 per square foot. Landlord makes no warranty or representation that such cost will not increase during the Term due to increases in electric rates or electricity consumption, as the case may be. HVAC service shall be provided to the Premises Monday through Friday (excluding holidays) from 8:00 a.m. to 6:00 p.m. and Saturdays (excluding holidays) from 8:00 a.m. to 12:00 noon. If Tenant shall require after-hours HVAC, Tenant may request such service by notifying Landlord's Manager not later than 11:00 a.m. of the day prior to the day on which such after-hours service shall be needed, and not later than 2:00 p.m. on the Thursday preceding any weekend for which such after-hours service shall be needed reasonably estimating the number of hours required for such after-hours service. Tenant shall pay for such cost additional HVAC service at Landlord's hourly rate in effect from time to time, the fee schedule initially in effect being attached as Exhibit E, and shall pay all charges therefor when and as billed by Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services . Such charges shall be deemed Additional Rent under the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLease.

Utilities. Landlord agrees (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered (not submetered) to the Premises; but (ii) Tenant shall pay during Landlord for any utilities serving the Lease Term Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and prior replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to delinquency Building tenants or paid separately by such tenants. As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: · Electric for the lights and plugs of the Premises is currently separately submetered, and electric for HVAC serving the Premises is paid as part of Operating Expenses pursuant to Section 5. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or include such utilities in amounts due as Project Expenses. Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 30 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, and such failure continues uncured following fifteen (15) days written notice thereof Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and xxxx Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered payable to Landlord as Additional Rent within 30 days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence utility supplying electricity to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. A. Provided that Tenant is not in Default hereunder, Landlord agrees shall furnish to provide, at its cost, the Premises the following services: water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, natural gas, light, heat, power, electricity, telephone or other communication electrical power and elevator service, janitorial service, trash pick-up, sewer ; heating and all other services supplied to or consumed on air conditioning suitable for the comfortable use and occupation of the Premises (collectively assuming normal office use thereof) during the "Services") and all taxes, levies, fees or surcharges thereforperiod from 7:00 a.m. to 7:00 p.m. on weekdays (“Business Hours”). The Building is equipped with submeters to measure the consumption of electricity upon the Premises. Tenant shall arrange on a monthly basis, as additional rent, pay to Landlord the cost of all such electricity consumed at the Premises as indicated by the submeter. The cost of all other utilities shall be included as Operating Expenses, to the extent applicable and to the extent such services are defined in Operating Expenses. Tenant shall give reasonable notice in making any request for Services utilities required outside of Business Hours, and Landlord shall make commercially reasonable efforts to satisfy Tenant’s request and provide to Tenant, upon Tenant’s request, an estimate of the approximate cost of such requested utilities. Tenant agrees to pay, as additional rent, promptly after written notice thereof, the actual costs incurred by Landlord in connection with providing any additional utilities Landlord may provide pursuant to Tenant’s request. Landlord shall provide the detail used for the calculation of these costs to Tenant within ten (10) days after request by Tenant. B. Tenant shall not, without first obtaining the Landlord’s written consent thereto, which consent shall not be unreasonably withheld or delayed, install within the Premises any electrical machinery, appliances or equipment which is not typically installed in offices (excluding, by way of example rather than limitation, microwave ovens, refrigerators, photocopying equipment, and fax machines typically found in offices) which uses electrical current in excess of that which is standard for the Building. Landlord shall have the right from time to time, using sub-meters or other methods, to measure the consumption of electricity or other utilities upon the Premises. Tenant agrees to pay, as additional rent, promptly on demand any and all costs incurred by Landlord in connection with providing utilities in excess of that which is standard for the Building. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building heating, ventilating and air conditioning systems. No such failure and no interruption of utilities or services from any cause whatsoever shall constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, except as otherwise expressly provided in this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to such failure or interruption. Landlord shall not be liable for injury to or death of any person or damage to or destruction of property, however occurring, through or in connection with or incidental to the furnishing of or the failure to furnish any of the foregoing utilities or services or any other utilities or services except to the extent caused by Landlord’s gross negligence or willful misconduct. C. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, air conditioning or ventilation equipment in the Building to maintain temperatures that may be required for, or because of, any of Tenant’s equipment that is not an ordinary office machine, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If Tenant’s use of the heating, air conditioning or ventilation system causes damages to any of the air conditioning units or other equipment, the cost to repair or replace any such units or equipment due to such use shall be paid by Tenant to Landlord, as additional rent, upon demand by Landlord. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (1) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises (other than a reasonable quantity of ordinary office machinery and lighting), (2) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (3) an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Section 7.01D below, or (4) any rearrangement of partitioning or other improvements, Landlord shall have the right to install supplementary air conditioning units or other equipment Landlord reasonably deems appropriate in the Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord, as additional rent, within thirty (30) days after written demand by Landlord. D. Tenant agrees it will not, without the written consent of Landlord, use any equipment, apparatus or device in the Premises (including, without limitation, electronic data processing machines, computers or machines using current in excess of 110 volts) that will, individually or in the aggregate, in any way cause the amount of electricity, water or heating, ventilation or air conditioning supplied to the Premises and to exceed the amount usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises) or with water pipes any equipment, apparatus or device for the purposes of using electric current or water. Landlord shall contract not, in any way, be liable or responsible to Tenant for any loss or damage or expense that Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the Services feeders, risers or electrical installations of the Building. If submetering of electricity in Tenant's name prior the Building will not be permitted under future laws or regulations, Base Rent will then be equitably adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to the Commencement DatePremises. E. In the event any governmental authority having jurisdiction over the Real Property or the Building promulgates or revises any law, ordinance or regulation or building, fire or other code or imposes mandatory or voluntary controls or guidelines on Landlord or the Real Property or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (collectively “Controls”) or in the event Landlord is required or elects to make alterations to the Real Property or the Building in order to comply with such mandatory or voluntary Controls, Landlord may, in its sole discretion, comply with such Controls or make such alterations to the Real Property or the Building related thereto. The Commencement Date Such compliance and the making of such alterations shall not constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant; provided, however, that Landlord shall not agree to any voluntary Controls without first obtaining Tenant’s consent, which consent shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunreasonably withheld.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to used or consumed on the Premises (each, a “Utility Service” and collectively the "“Utility Services"”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) and at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the proposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and shall contract for all associated with the delivery of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services there shall be an Operating Expense and Tenant shall pay such cost to Landlordinterruption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes any Utility Service (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant's ’s use and enjoyment of all or a portion of the Premises (as reasonably determined a “Service Interruption”), and if (i) such Service Interruption shall continue for five consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (ii) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (provided, however, that causes beyond Landlord’s reasonable control may be deemed to result in a Material Service Interruption if and to the extent that such cause actually results in coverage under Landlord’s rental interruption insurance) or by an act or omission in violation of this Lease by Tenant or by any negligence of any of Tenant’s agents, employees, contractors, invitees, successors or others using the Premises with Tenant’s expressed or implied permission (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the period that shall begin on the commencement of such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. A Material Service Interruption lasting more than ninety (90) following days shall constitute damage or destruction of Premises and shall be governed by Section 12.01 of this Lease. Notwithstanding the foregoing, if Landlord disputes whether, or the extent to which, an event is a Material Services Interruption or the amount of Tenant’s abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, such forty-eight (48) hour period until such Services are restoreddispute shall be resolved in accordance with Article 14 of Exhibit 10.03 to this Lease prior to the exercise of any of Tenant’s remedies under this Section 6.01. The remedies provided in this Section 6.01 shall not apply to casualty or condemnation, which shall be covered elsewhere in this Lease.

Utilities. Landlord 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 (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered to the Premises; but (ii) Tenant shall pay during Landlord as Additional Rent for any utilities that are separately submetered to the Lease Term Premises based upon Tenant’s submetered usage, as well as for any maintenance and prior replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall pay Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to delinquency Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Premises is paid per proportionate share and paid per subsection (iii) above. • Gas for the Premises is not provided at this time. • Water/Sewer for the Premises is paid per proportionate share and paid per subsection (iii) above. • Oil for the Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to so contract pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and bxxx Tenant for Servicessuch costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, Landlord is hereby authorized to request and obtain, on behalf of Tenant, Tenant’s utility consumption data from the applicable utility provider for informational purposes and to enable Landlord to obtain full building Energy Star scoring for the Building. Landlord shall have the right to shut down the Building systems (including electricity and HVAC systems) for required maintenance and safety inspections, and in cases of emergency; provided however that, except in cases of emergency, Landlord will use commercially reasonable efforts to schedule any shut downs of the Building systems outside Business Hours. Landlord shall not be liable for any interruption in providing any utility that Landlord is obligated to provide under this Lease, unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, and Tenant has ceased using such untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the beneficial use; (ii) results from Landlord’s negligence or willful misconduct; and (iii) extends for a period longer than 7 consecutive days, in which case, Tenant’s obligation to pay Fixed Rent shall be abated with respect to the untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or the applicable portion thereof; or (B) the date on which the service(s) is substantially restored. The rental abatement described above shall be Tenant’s sole remedy in the event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to change the utility providers to the Project at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord reasonably determines that: (i) Tenant exceeds the design conditions for the heating, ventilation, and air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such system, or causes such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, motors, machines, or equipment used in the Premises, including telephone and computer equipment, or any other condition in the Premises caused by Tenant (for example, more than one shift per day or 24-hour use of the Services canPremises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and maintenance, being payable by Tenant to Landlord within 30 days after Landlord’s written demand. Tenant shall not change or adjust any closed or sealed thermostat or other element of the HVAC system serving the Premises without Landlord’s express prior written consent. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises shall be separately billed or metered to the PremisesPremises at Tenant’s cost, and Tenant shall be solely responsible for all electricity registered by, and the maintenance and replacement of, such meters. Landlord has no obligation to keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or if in any of similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. Landlord shall have the Services are not separately metered as of option to require that the Commencement Date, computer room and/or information technology closet in the cost of such Services Premises shall be an Operating Expense separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such cost submeter. Within 1 month after written request, Tenant shall provide to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Landlord electrical load information reasonably requested by dividing the gross leasable square footage contained Landlord with respect to any computer room and/or information technology closet in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. 10.1 Landlord agrees to providecause to be provided such mains, at its costconduits and other facilities necessary to supply electricity, water, electricity sewer, telephone and telephone service connections into gas (if available) to the Premises; but , in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay during the Lease Term and pay, prior to delinquency delinquency, all charges for electricity, water, gassewer, lighttelephone, heatsolid waste and garbage removal, powergas (where applicable), electricityand chilled water service (where applicable) furnished to the Premises, telephone and Landlord may, if it so elects, furnish one or other communication servicemore of such services to Tenant, janitorial serviceand, trash pick-upin such event, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall pay for Services to be supplied such services at the rates actually paid therefor by Landlord to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date applicable public utility provider, provided that such rates shall not exceed the rates which would be delayed charged for the same service if furnished directly by reason of any failure by Tenant to so contract for Servicesthe applicable public utility then furnishing such service. In the event that at any time during the Term, or any extensions and renewals thereof, Tenant shall fail to pay any of the Services canforegoing charges within thirty (30) days after written demand therefor, Landlord shall have the right, but not the obligation, to pay such charge or charges for and on behalf of Tenant and such amounts so paid shall be deemed to be additional rent hereunder and shall be payable by Tenant to Landlord upon at least thirty (30) days after written demand therefor. 10.3 Except as provided in this Section, Landlord shall not be separately billed liable in the event of any interruption in the supply of any utilities including without limitation any heating and air-conditioning if provided. Tenant agrees that it will not install any equipment which will exceed or metered overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. Notwithstanding anything contained in the lease to the contrary, if any interruption of utilities or services, which is due to the negligence of Landlord, its agents or employees, shall continue for more than twenty-four (24) continuous hours and shall render any portion of the Premises unusable for the normal conduct of Tenant’s business, and if Tenant does not in fact use or occupy such portion of the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in then all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent rent payable hereunder shall be equitably abated with respect to the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (as reasonably determined by Landlord 1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provideLessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, at its cost, water, electricity Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall have Gas (if available) and telephone Electricity service connections into the Premises; but Tenant shall pay during put in Lessees’ name on or before the Lease Term commencement date and prior to delinquency all charges for water, Lessees shall maintain gas, lightand electricity throughout the entire lease term. If Lessees fail to establish utility service in their name and a utility bill is received by Lessor for providing such services during any part of the lease term, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied in addition to or consumed payment of the amount owing on the utility bill, a fee of $35 per utility bill received, shall be paid to Xxxx Xxxxxxx Rentals by Lessees to compensate for administrative expenses. Current utility providers are as follows: Southern California Edison “SCE” (Electricity), So Cal Gas (Gas). b. If the Premises are separately metered for water service (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied i.e. a water meter that meters water only to the Premises leased hereunder), then the Lessees are responsible for contracting with the appropriate agency to secure water and sewer service and shall pay for such service. If Lessees fails to establish utility service in their name and a utility bill is received by Lessor for providing such services during any part of the lease term, in addition to payment of the amount owing on the utility bill, a fee of c. The utility meters for this Premises may include utility usage for the laundry room or other portions of the building in which the Premises are located. This Lease is the written agreement between Lessees and Lessor, and Lessees understand that their utility meter may be used for utilities outside of the interior of the Premises. This will not change, alter, or amend responsibility for payment of utilities and rent as set forth in this Lease. Lessees have been advised per this paragraph, prior to signing this Lease, of this condition as required by California Civil Code 1940.9 and have no objection thereto. d. If Lessees desire Internet and or cable service, it is Lessee’s responsibility to contract for all of the Services in Tenant's name prior to the Commencement Datesuch service and pay for those services. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract Lessees are responsible for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of any installation or equipment necessary for such Services shall services. Satellite TV dishes are NOT to be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due attached to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use exterior surface of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor upon the Property.

Utilities. Landlord agrees Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to providethe applicable utility company pursuant to such Tenants' Leases, at its costfor which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, water, electricity steam and telephone service connections into electricity) as of the Premises; but Tenant Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, the Seller shall pay during such xxxx on or before the Lease Term and prior to delinquency Closing. If such xxxx shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such xxxx, pay all such utility charges for water, gas, light, heat, power, electricity, telephone as evidenced by such xxxx or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bills pertaining to the Premises and shall contract for all of the Services in Tenant's name period prior to the Commencement DateClosing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. The Commencement Date Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premisesprorated, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing property of such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSeller, and Tenant Buyer shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionremit any such sums to Seller immediately upon receipt thereof. The immediately preceding sentence With respect to the contrary notwithstandingXxxxxx Property, Landlord agrees that the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if Services are curtailed or suspended received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) conduit access from the street to the Premises as a result data communication closets of the acts or negligence or willful misconduct applicable Property and (ii) phone and coaxial wiring in each unit of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated such Property back to the extent central media panel in such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunit.

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

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

Utilities. 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 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 Licensor covenants and agrees to provide, at its cost, water, maintain public utilities to furnish any electricity and telephone service connections into water utilized in operating any and all of the facilities serving the Premises; but Tenant . Licensor and Licensee shall undertake to determine if separate metering of utilities at the Premises is commercially feasible and, if mutually agreed that one or more utilities can be separately metered, Licensee shall bear the cost to provide for separate metering and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone and other such utilities separately metered to the Premises. If any utilities and services are not supplied and separately metered to the Premises, telephone Licensee shall pay Licensee’s Proportionate Share (as defined pursuant to Article 5(b)) of all utilities and services serving the Property in common with other occupants of the Property. No interruption or other communication servicefailure of utilities shall result in the termination of this Agreement or the abatement of rent, janitorial serviceexcept as expressly provided below. Notwithstanding anything contained herein to the contrary, trash pick-upin the event that such interruption or cessation of utilities is the result of Licensor’s negligent or willful act or omission and such interruption or cessation of utilities continues beyond three (3) business days from the date of such interruption or cessation, sewer and all other services supplied to or consumed then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will xxxxx, commencing on the fourth (4th) day of such interruption or cessation, and continuing until the date on which the utilities are restored and the Premises (collectively are again tenantable. No abatement of rentals as hereinabove described will apply to the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied extent such interruption of utilities is the result of Licensee’s alterations to the Premises and shall contract for all or Capital Improvements, or any negligent act or omission of Licensee, its agents, employees or contractors, or any cause other than the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason negligent or willful act or omission of any failure by Tenant to so contract for ServicesLicensor or its employees, agents or contractors. In the event that any of the Services cannot be separately billed or metered to the PremisesLicensor has advance knowledge of, or if any otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcircumstance.

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

Utilities. Landlord 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. Xxxxxxxx will charge Tenant a flat rate monthly utility charge of $ which will cover the Tenant’s cost for water, trash/recycle and sewer expenses. Landlord will keep those utilities in the name of the property owner and property owner will then use the flat monthly fee collected from Tenant to pay for those items. Property owner agrees to providepay for (if checked): XXX xxxx (if any) and Property taxes. Xxxxxx agrees to pay for any and all other utilities, at its costincluding 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 other than the ones covered in the flat rate utility charge above (water, trash/recycle, sewer) 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 Xxxxxx agrees to pay any utility, Xxxxxxxx reserves the right to pay any such utility and bill Tenant, including a reasonable billing or an administrative charge for such billing. If Tenant reimburses Landlord for any utility charge, Xxxxxx 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 $0. 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 to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone or sprinkler charges and other communication service, janitorial service, trash pick-up, sewer utilities 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 used at the Premises, or if together with any taxes, penalties, surcharges, connection charges, maintenance charges, and the like pertaining to Tenant's use of the Services are not separately metered as Premises. To the extent any utility service for the Premises is submetered, the meter shall be read by Landlord or Landlord's designee, and Tenant shall pay to Landlord, within 30 days after receipt of the Commencement Datean invoice therefor, the cost of such Services service based on rates charged for such service by the utility company furnishing such service, including all fuel adjustment charges, demand charges and taxes. To the extent that any particular utility is not separately metered or submetered as provided above (e.g., water or sewer charges), Landlord shall, using its good-faith, reasonable judgment, allocate the expenses for such utility among the existing tenants of the Premises based upon density, usage, and other factors in Landlord's reasonable judgment. Tenant, at its expense, shall obtain all utility services for the Premises (other than a utility that is submetered or otherwise provided to the Premises by Landlord), including making all applications therefor, obtaining meters and other related equipment, and paying all deposits and connection charges. Landlord shall not be an Operating Expense liable for any interruption or failure of utility service to the Premises, and Tenant such interruption or failure of utility service shall pay such cost to Landlordnot be a constructive eviction of Tenant, as Additional Rentconstitute a breach of any implied warranty, or, except as provided in Paragraph 12 belowthe next sentence, except that entitle Tenant to any abatement of Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in obligations hereunder. If, however, Tenant is prevented from using the Premises by for more than 5 consecutive business days because of the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage unavailability of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, such service 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 unavailability was caused by Landlord and Tenantrestoration of such service is within the reasonable control of Landlord, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 5-day period) following that Tenant is so prevented from using the Premises. Rent shall not xxxxx by reason of the interruption, insufficiency, unavailability or discontinuance of such forty-eight (48) hour period until service if such Services are restoredunavailability or discontinuance was not caused by Landlord and restoration of such service is not within the reasonable control of Landlord.

Utilities. Landlord agrees The Seller 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 and gas to be made as of the Adjustment Date. The Seller shall pay the bills based on such readings promptly after the same are rendered. If arrangements cannot be made for any such cut-off reading, the parties shall apportion the charges for such services on the basis of the xxxx 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 Seller and Purchaser shall promptly readjust the apportionments in accordance with such final bills. Post-Closing Adjustments. The items set forth in this Section 3 shall be apportioned at the Closing by payment of the net amount of such apportionments to the Seller in the manner set forth herein for the payment of the Purchase Price if the net apportionment is in favor of the Seller or by a credit against the Purchase Price if the net apportionment is in favor of the Purchaser. However, if any of the items subject to apportionment under the foregoing provisions of this Section 3 cannot be apportioned at the Closing because of the unavailability of the information necessary to compute such apportionment, or if any errors or omissions in computing apportionments at the Closing are discovered subsequent to the Closing, then such item shall be reapportioned and such errors and omissions corrected as soon as practicable after the Closing Date and the proper party reimbursed, which obligation shall survive the Closing for a period of one year after the Closing Date. Notwithstanding any of the foregoing provisions of this Section 3.5 to the contrary, the Purchaser and the Seller agree that the one year limitation set forth in this Section 3.5 shall not apply to the parties' obligations under Sections 3.1 and 3.2 and that such obligations shall survive the Closing forever. Due Diligence Period. Notwithstanding anything to the contrary contained herein, the Purchaser shall have a thirty (30) day period commencing on the date of receipt by Purchaser of (i) a fully- executed Agreement, and (ii) a copy of each of the Leases (the "Due Diligence Period") to examine title to the Property, to inspect the physical and financial condition of the Property and to review the Property Information. Neither the Purchaser nor the Purchaser's Representatives shall contact any governmental authority or any of the Seller's tenants, vendors, employees, consultants or contractors prior to the Closing without obtaining the Seller's prior written consent in each instance. Access to the Property. During the Due Diligence Period, the Purchaser and the Purchaser's Representatives shall have the right to enter upon the Property for the sole purpose of inspecting the Property and making surveys, soil borings, engineering tests and other communication serviceinvestigations, janitorial serviceinspections and tests (collectively, trash pick-up"Investigations"), sewer provided (i) the Purchaser shall give the Seller not less than one (1) business days' prior written notice before each entry, (ii) the first such notice shall include sufficient information to permit the Seller to review the scope of the proposed Investigations, and (iii) neither the Purchaser nor the Purchaser's Representatives shall permit any borings, drillings or samplings to be done on the Property without the Seller's prior written consent, such consent not to be unreasonably withheld. If such consent were denied, Purchaser shall have the right to terminate this Agreement. Any entry upon the Property and all Investigations shall be during the Seller's normal business hours and at the sole risk and expense of the Purchaser and the Purchaser's Representatives, and shall not interfere with the activities on or about the Property of the Seller, its tenants and their employees and invitees. The Purchaser shall: (a) promptly repair any damage to the Property resulting from any such Investigations and replace, refill and regrade any holes made in, or excavations of, any portion of the Property used for such Investigations so that the Property shall be in the same condition as that which existed prior to such Investigations; (b) fully comply with all Laws applicable to the Investigations and all other services supplied activities undertaken in connection therewith; (c) permit the Seller to have a representative present during all Investigations undertaken hereunder; (d) take all actions and implement all protections necessary to ensure that all actions taken in connection with the Investigations, and the equipment, materials, and substances generated, used or consumed brought onto the Property pose no threat to the safety or health of persons or the environment, and cause no damage to the Property or other property of the Seller or other persons; (e) if requested by the Seller, furnish to the Seller, at no cost or expense to the Seller, copies of all surveys, soil test results, engineering, asbestos, environmental and other studies and reports relating to the Investigations which the Purchaser shall obtain with respect to the Property promptly after the Purchaser's receipt of same; (f) maintain or cause to be maintained, at the Purchaser's expense, a policy of comprehensive general public liability insurance with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage, automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage, and an excess umbrella liability policy for bodily injury and property damage in the minimum amount of $3,000,000, insuring the Purchaser and the Seller and certain of Seller's Affiliates listed on Schedule 4, as additional insureds, against any injuries or damages to persons or property that may result from or are related to (i) the Purchaser's and/or the Purchaser's Representatives' entry upon the Property, (ii) any Investigations or other activities conducted thereon, and (iii) any and all other activities undertaken by the Purchaser and/or the Purchaser's Representatives in connection with the Property, and deliver evidence of such insurance policy to the Seller at the earlier of ten (10) days after the date of this Agreement or the first entry on the Premises Property; (collectively g) not, at any time, contact or communicate with any tenant of the Property for any reason whatsoever without the prior written approval of the Seller, which communications, whether by telephone, in writing or in person, Seller or its designee shall have the right to be present at or otherwise participate in; and (h) indemnify the Seller and the Seller's Affiliates and hold the Seller and the Seller's 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 Seller or any of the Seller's Affiliates and arising out of or in connection with (i) the Purchaser and/or the Purchaser's Representatives' entry upon the Property, (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 Property as a consequence of the investigations. The provisions of this Section 4.1 shall survive the termination of this Agreement and the Closing. Purchaser's Termination Notice. Subject to the provisions of the last paragraph of this Section 4.2, the Purchaser shall have the right to elect to terminate this Agreement by giving written notice (the "ServicesPurchaser's Termination Notice") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied of such election to the Premises and shall contract for all of the Services in Tenant's name Seller at any time prior to the Commencement Date. The Commencement Date expiration of the Due Diligence Period if the Purchaser shall not be delayed by reason determine (in the exercise of any failure by Tenant to so contract for Services. In the event its reasonable discretion) that any of the Services cannot be separately billed or metered following conditions to the Premises, or if any of the Services termination are not separately metered met 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 date of the acts Purchaser's Termination Notice, in which event the provisions of Section 14.1 shall apply: (a) The Purchaser shall have determined, based upon a site assessment study conducted at Purchaser's sole expense by a qualified engineering firm or negligence environmental firm selected by Purchaser and approved by Seller in Seller's reasonable discretion, that there is oil, ash substances, hazardous substances, hazardous materials, hazardous or willful misconduct toxic waste, or friable and accessible asbestos- containing materials present on the Property in an amount which would require remediation under the applicable environmental laws costing in excess of Landlord for a period of forty-eight Fifty Thousand and 00/100 Dollars (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$50,000).

Utilities. Landlord agrees to provideLicensee shall pay Licensor for all electricity consumed in the Roof Premises during the Term, at its costsuch rates as Licensor may establish from time to time, 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 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 canconsumer rate, small user rate, or other such rate that would apply to Licensee's consumption if charged by the utility or municipality service in which the Roof Premises are located. If the Roof Premises are now or hereafter separately metered, Licensee shall pay for amounts of electricity based on such meters, and any meter reading charges incurred by Licensor, or which Licensor may reasonable establish from time to time. If the Roof Premises are not separately metered, Licensee shall pay for amounts of electricity based on the reasonable estimates of Licensor's engineer, or at Licensor' election, shall pay Licensor's cost for installing separate meters, and shall thereafter pay based on such meters. All such charges shall be separately billed or metered to payable as additional Rent, with the Premisesinstallment of Rent with which the same are billed, or if any of the Services are not separately metered as of the Commencement Datebilled separately, the cost of such Services shall be an Operating Expense due and Tenant payable within twenty (20) days after such billing. Licensor may reasonably estimate Licensee's electricity charges in advance, on a monthly, quarterly, semi-annual, or other reasonable basis; in such case Licensor shall pay the estimated amount with the installment of rent with which the same is billed, or if billed separately, within twenty (20) days after such cost to Landlordbilling, as Additional Rentand Licensee shall continue paying Licensor such estimated amount, as provided in Paragraph 12 belowuntil Licensor shall adjust such estimate. In such event, except periodically, but not less often that Tenant's proportionate share of such Services once each twelve months, Licensor shall be compare the percentage obtained by dividing amounts Licensee has paid on an estimated basis with 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 actual charges incurred hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and xxxx Licensee for any additional amount due (which Licensee shall pay all Rentals due hereunder, all without diminution, within twenty (20) days thereafter) or shall credit or deductionLicensee for any overpayment. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingcontained herein, Landlord agrees Licensor may at any time, and from time to time, require that if Services are curtailed Licensee make arrangements to purchase and pay for all electricity consumed in the Roof Premises directly with the applicable utility or suspended municipality and to the Premises as a result require that Licensee install any necessary meters in connection therewith. The installation of the acts any meters 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 other electrical facilities and equipment shall be equitably abated subject to the extent Licensor's prior written approval, and Licensee shall repair any damage and indemnify Licensor from any claims, losses, liabilities or judgments in connection therewith. Licensor does not warranty that any utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes. No such curtailment failure or suspension interruption of Services interferes with Tenantservices or utilities shall be deemed an eviction or disturbance of Licensee's use of the Roof Premises or any part thereof, or render Licensor liable to Licensee for abatement of Rent, or relieve Licensee from performance of Licensee's obligations under this Agreement. Licensor in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. Licensor makes no representation or warranty of any kind regarding the ability of the Antenna to function properly or regarding interference from any source with the Antenna's transmission or, receipt of telecommunication or other signals. If the operation of the Antenna interferes with the business operations of any tenant in the Building and Licensee is unable to eliminate such interference within five (as reasonably determined by Landlord 5) days after receipt of notice from Licensor, Licensee shall cease operating the Antenna and Tenant) following such forty-eight (48) hour period until such Services are restoredthis Agreement shall terminate.

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 provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during for the Lease Term and prior to delinquency use of all charges for waterelectrical, gas, light, heat, power, electricity, telephone or water and other communication service, janitorial service, trash pick-up, sewer and all other services supplied utility service to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforLeased Premises. Tenant shall arrange for Services be billed directly by each such utility (except water which may at Landlord’s election be separately metered and billed to be supplied Tenant) and Tenant agrees to the Premises and shall contract for all of the Services pay each such xxxx promptly 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 Servicesaccordance with its terms. In the event that for any of reason Tenant cannot be billed directly, Landlord shall forward each xxxx with respect to the Services Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately billed or metered for any reason, Tenant shall pay Landlord as Additional Rent and in monthly installments at the time prescribed for monthly installments of Base Rent, an annual amount, as estimated by Landlord from time to time, which Tenant would pay for such utility service if the same were separately metered to the Premises, or if any of Leased Premises by the Services are not separately metered as of the Commencement Date, the local utility company and billed to Tenant at such company’s current rates (including applicable taxes). The cost of such Services any utility service supplied to the Project or Common Areas by Landlord shall be an included in Operating Expense and Costs. (b) Tenant shall not waste or permit any excessive use of water nor shall Tenant use water for purposes other than drinking, lavatory, toilet purposes or other common purpose through fixtures installed by Landlord or by Tenant, with Landlord’s consent. Tenant shall pay such cost to Landlord, Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, as provided at reasonable rates fixed by Landlord, and, in Paragraph 12 belowconnection therewith, except Landlord may require tenant at Tenant’s cost to install a submeter to measure Tenant water usage. Tenant shall not introduce into the sewer system any harmful or dangerous substances and shall not overload the sewer system by abnormal usage. (c) Tenant agrees that Tenant's proportionate share Landlord shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or for a delay in furnishing any service or utility, whether the responsibility of Landlord or others, if such Services shall be failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements authorized by this Lease, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the percentage obtained Building or Project after reasonable effort so to do, by dividing the gross leasable square footage contained in the Premises any accident or casualty whatsoever, by the total gross leasable square footage located in all buildings utilizing such Services. The lack act or shortage default of any Services due to Tenant or other parties, or by any cause whatsoever beyond the reasonable control of Landlord; and such failures or delays 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 never be deemed to constitute an eviction 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 disturbance 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 ’s use and possession of the Leased Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor relieve the Tenant from paying rent or performing any of its obligations under this Lease.

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 Licensor shall furnish Licensee during Licensee’s occupancy of the Temporary Premises the following services: (i) cleaning and janitorial services; (ii) domestic water at those points of supply provided for general office use of tenants in the Tempe Gateway Building; (iii) electricity for normal, Building Standard office uses; (iv) elevator service at the times and frequency reasonably required for normal business use of the Temporary Premises; (v) lamp and ballast replacement for Building Standard light fixtures; (vi) HVAC service between 7:00 o’clock a.m. and 6:00 o’clock p.m. on Monday through Friday and 8:00 o’clock a.m. and 12:00 o’clock p.m. on Saturday (“Building Standard Hours”), except on New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day and other holidays observed by a majority of the tenants of the Building (“Holidays”). If any Holiday falls on a weekend, the Building may observe the Holiday on the preceding Friday or the succeeding Monday. Licensee may periodically request, and Licensor shall furnish HVAC service on days and at times other than those referred to above, provided Licensee requests such service in accordance with the Project Rules then in effect, and agrees to providereimburse Licensor for this service at the then existing rate being charged in the Building. If Licensee utilizes services provided by Licensor hereunder in either quantity and/or quality exceeding the quantity and/or quality customarily utilized by normal office uses of comparable premises in the Building, at its costthen Licensor may monitor Licensee’s use of such services, water, electricity and telephone service connections into the Premisescharge Licensee a reasonable amount for such excess usage; but Tenant such amount shall pay during the Lease Term and prior to delinquency all charges constitute additional rent due hereunder within fifteen (15) days of Licensee’s receipt of Licensor’s statement for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforsuch excess. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Licensor shall not be delayed by reason liable for any damages directly or indirectly resulting from the installation, use or interruption of use of any failure by Tenant to so contract for Services. In the event that equipment in connection with furnishing any of the Services cannot be separately billed or metered to the Premisesforegoing services, or if failure to furnish or delay in furnishing any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay service except when such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained failure or delay is caused by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLicensor.

Utilities. Landlord agrees shall deliver the Premises to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior with facilities to delinquency all charges for provide water, gas, lightelectricity, heat, powertelephone and sewer utility service to the Building to allow Xxxxxx's use of the Premises for the Permitted Use hereunder and shall pay all meter, connection and tap fees in connection therewith (excluding, however, activation fees that may be charged to Tenant in connection with the accounts set up by or on behalf of Tenant for the delivery of utilities to the Premises. Except as provided in the preceding sentence. Tenant shall pay for all water, gas. electricity, telephone or heat, telephone, sewer, sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial servicetogether with any taxes, trash pick-uppenalties. surcharges, sewer maintenance charges. and the like pertaining to Xxxxxx's use of the Premises. Tenant, at its expense, shall obtain all other utility services supplied to or consumed on for the Premises (collectively the "Services") and all taxes, levies, fees other than a utility that is submetered or surcharges therefor. Tenant shall arrange for Services to be supplied otherwise provided to the Premises by Landlord as provided herein), including making all applications therefor. and paying all deposits. Landlord may, if it so elects, furnish one or more utility service to Tenant, and in such event Tenant shall purchase the use of such services as are tendered by Landlord, and shall contract for all of pay on demand as additional rental the Services in Tenant's name prior to the Commencement Date. The Commencement Date rates established therefor by Landlord which shall not exceed the rates which would be delayed charged for the same services if furnished directly by reason the local public utility companies. To the extent any utility service for the Premises is submetered, the meter shall be read by Landlord or Xxxxxxxx's designee, and Tenant shall pay to Landlord, within 30 days after receipt of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Datean invoice therefor, the cost of such Services service based on rates charged for such service by the utility company furnishing such service, including all fuel adjustment charges, demand charges and taxes. To the extent that any particular utility is not separately metered or submetered as provided above (e.g.. water or sewer charges). Landlord shall, using its good-faith. reasonable judgment. allocate the expenses for such utility among the existing tenants of the Project based upon density, usage, and other factors in Landlord's reasonable judgment. Upon not less than thirty (30) days prior notice to Tenant, Landlord may at any time discontinue furnishing any such service without obligation to Tenant other than to connect the Premises to the public utility, if any, furnishing such service. Landlord shall not be an Operating Expense liable for any interruption or failure of utility service to the Premises, and such interruption or failure of utility service shall not be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall pay to any abatement of Xxxxxx's obligations hereunder; provided, however. that if any such cost interruption or failure of utility service to the Premises is caused by Landlord or any of its agents, employees, contractors or representatives and same continues for more than five (5) business days after written notice to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants receive an abatement of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to based on the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises (as reasonably determined affected by Landlord and Tenant) following such forty-eight (48) hour period interruption of service from the commencement of such interruption until such Services time as the services are restored.

Utilities. Landlord agrees to 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 or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed used by Tenant on the Leased Premises (collectively during the "Services") term of this Lease unless otherwise expressly agreed in writing by Landlord. Signs Following the Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations approved by the Landlord, any signs which are permitted by applicable zoning ordinances and all taxesprivate restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, leviesdeceptive, fees unattractive, or surcharges thereforotherwise inconsistent with or inappropriate to the Leased Premises or use of any other Tenant. Tenant shall arrange repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. Entry Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenants business on the Leased Premises. The tenant will be given security keys to the outside doors. The tenant is not permitted to copy these keys for Services any purpose. One set of keys to the rented space doors will be given to the Tenant. These may be copied but the number of copies is to be supplied reported to the Premises Landlord. The Tenant may not change the locks on the inside doors to their rented space. Parking No parking privileges form part of this tenancy. Building Rules Tenant will comply with the rules of the Building adopted by Landlord from time to time and shall contract for will cause all of its agents, employees, invitees, and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The Tenant acknowledges that the Services in leased premises are part of a scent free building. Damage and Destruction Subject to Section 8A above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty, or structural defects that the same cannot be used for Tenant's name prior purposes, then Tenant shall have right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the Commencement Date. The Commencement Date shall not be delayed by reason date of any failure by Tenant to so contract for Servicessuch damage. In the event that of minor damage to any part of the Services canLeased Premises, and if such damage does not render the Leased Premises unusable for the Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be separately billed liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials, labour, or metered other matters which are beyond the reasonable control of the Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments to be refunded to the Tenant. The provisions of this paragraph extend not only to matters aforesaid, but also to any occurrences which is beyond the Tenant's reasonable control, and which renders the Leased Premises, or if any appurtenance hereto, inoperable or unfit for occupancy of the Services are not separately metered as of the Commencement Dateuse, 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 whole or in part for 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 restoredpurposes.

Utilities. 8.1 Landlord agrees shall furnish to providethe Premises reasonable amounts of heat, ventilation and air-conditioning during the Minimum HVAC Hours of Monday through Friday during the hours of 7:00 am to 6:00 pm and Saturday during the hours of 9:00 am to 1:00 pm (“Minimum HVAC Hours”) except for the date of observation of New Year’s Day, President’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day (collectively, the “Holidays”); reasonable amounts of electricity; and janitorial services five days a week (except public holidays). Tenant will be entitled to operate the heating and air conditioning system in the Premises at all other times at no additional cost to Tenant other than actual charges for electricity. Landlord shall also provide the Building with normal fluorescent tube replacement, window washing, elevator service, and common area 12 Landlord /s/ RS____ CA Lease Revision 8.0 – Torrey Hills Corporate Center Tenant /s/ KA____ Skye Bioscience Lease toilet room supplies. At its costown expense, 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, power, gas, light, heat, power, electricityelectric current, telephone or other communication service, janitorial service, trash pick-up, sewer sewage removal and all other services supplied to utilities used by Tenant on or consumed on at the Premises (collectively the "Services") from 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 after 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 utilities are furnished to the PremisesPremises by Landlord, whether sub-metered or if any of the Services are not separately metered as of the Commencement Dateotherwise, the cost of such Services shall be an Operating Expense then and in that event Tenant shall pay Landlord for such cost utilities, but the rates charged to LandlordTenant by Landlord shall not exceed those of the public utility company furnishing same to Landlord as if its services were being furnished directly to Tenant. If a separate meter is provided to or required by Tenant or the utility provider for any such utilities, as Additional Rentit shall be installed and maintained at Tenant’s expense. In the event any utility provided to the Premises is not separately metered, as provided in Paragraph 12 below, except that Tenant's proportionate then Tenant shall pay to Landlord its equitable 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 costs as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and in its sole judgment. Any additional utilities or services that Landlord may agree to provide (including lamp or tube replacement for other than Building standard lighting fixtures) shall be at Tenant) following such forty-eight (48) hour period until such Services are restored’s sole expense.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone sewer, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other communication servicesimilar charges for utilities imposed by any governmental entity or utility provider, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforthe like pertaining to Tenant’s use of the Premises. Tenant shall arrange for Services Landlord may cause at Tenant’s expense any utilities to be supplied separately metered or charged directly to Tenant by the provider. Without limiting the foregoing, Tenant, at its sole cost and expense, shall pay the cost of all equipment, meters, switches, transformers, feeders, risers, and wiring required to provide electrical service to the Premises and shall contract for all of Tenant’s Equipment (collectively, the Services in “Electrical Equipment”) Tenant may, at Tenant's name prior ’s sole cost and expense, have the local electric utility company provide electrical current to the Commencement Date. Building through dual feeds served by separate substations, subject to Landlord’s prior written consent, and Landlord shall use reasonable efforts, at Tenant’s sole cost and expense, to assist Tenant in obtaining such dual feeds from such local utility company Landlord will CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement provide Tenant’s electrical service provider reasonable access to the Building to install, at a location therein acceptable to Landlord, the transformer required to furnish electrical service to the Premises The Commencement Date installation of all Electrical Equipment shall be done only in accordance with plans and specifications that have been previously submitted to and approved by Landlord in writing and shall be subject to the provisions of Section 12 The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring, as they may exist from time to time, in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall (a) comply with legal Requirements and the provisions of Section 12 of this Lease, (b) be delayed installed by reason of any failure by Tenant Tenant, at Tenant’s cost, and (c) not cause permanent damage to so contract for Services. In the event that any of the Services cannot be separately billed Building or metered to the Premises, cause or if any create a dangerous or hazardous condition, or interfere with or disturb other tenants of the Services are not separately metered as Building. Whenever Tenant is required to pay the cost of any Electrical Equipment under the Commencement Dateforegoing provisions, the cost thereof shall include the cost of installation, operation, use and maintenance of such Services shall be an Operating Expense and Electrical Equipment. Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate its share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereundercharges for jointly metered utilities based upon 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. Tenant agrees to limit use of water and sewer for normal restroom use. To the extent electricity is provided to the Premises by means of a direct feed from the utility provider, Landlord makes no representation or warranty to Tenant concerning the quantity or availability of electrical power or electrical service to the Premises or for Tenant’s Equipment No interruption or failure of utilities shall result in the termination of this Lease or the abatement of rent; provided, however, that if the interruption or cessation of utilities resulted from a cause within landlord’s exclusive control and Tenantthe Premises are not usable by Tenant for the conduct of Tenants business as a result thereof, Base Rent and applicable Operating Expenses shall be abated for the period which commences one (1) following full business day after the date Tenant gives to Landlord written notice of such forty-eight (48) hour period interruption until such Services time as the utilities required for the conduct of Tenant’s business are restored. Tenant shall not be entitled to such abatement if Tenant is in fact conducting business in the Premises during such interruption of utilities.

Utilities. (a) The Tenant shall pay to the Landlord, or as the Landlord agrees to providedirects, at its costall gas, electricity, water, electricity steam and telephone service connections into other utility charges applicable to the Premises (EXCLUDING CHARGES FOR HVAC DURING NORMAL BUSINESS HOURS WHICH ARE INCLUDED IN OPERATING COSTS) on the basis of the Rentable Area of the Premises; but . Charges for utilities shall be payable in advance on the first day of each month at a basic rate determined by the Landlord's engineers. xxxxx UNLESS SEPARATELY METERED, THE Landlord shall be entitled to allocate to the Premises an additional charge, as determined by the Landlord's engineer, for any supply of utilities to the Premises in excess of those covered by such basic charge DURING NORMAL BUSINESS HOURS. If any utility rates or related taxes or charges are increased or decreased during the Term, such charges shall be equitably adjusted and the decision of the Landlord, acting reasonably, shall be final and binding with respect to any such adjustment. THE LANDLORD AGREES THAT DIRECT CHARGES TO OTHER TENANTS FOR UTILITIES, IF NOT SEPARATELY METERED, WILL BE FAIR AND EQUITABLE HAVING REGARD TO EACH TENANT'S USAGE. (b) The Landlord shall have the exclusive right AND OBLIGATION to replace STANDARD bulbs, tubes and ballasts in the lighting system in the Premises, on either an individual or a group basis. The 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 REASONABLE cost of such replacement on the Premises (collectively first day of each month or at 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 option of the Services in Tenant's name prior to the Commencement DateLandlord upon demand. 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 PremisesAS OF THE DATE OF THIS LEASE, or if any of the Services are not separately metered as of the Commencement Date, THE COST OF A STANDARD LIGHT BULB OR FLUORESCENT TUBE IS $2.04 PER BULB OR TUBE (PLUS APPLICABLE TAXES). (c) THE LANDLORD AND TENANT SHALL SHARE EQUALLYxxxx xxx xxxxxx xxxxx xxxx the cost of such Services shall be an Operating Expense installing and maintaining any meters xxxxxxxxxx AND TIMERS USED IN CONNECTION WITH SUCH METERS INSTALLED FROM AND AFTER THE DATE OF THE LEASE at the request of the Landlord or the Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share measure the usage of such Services shall be the percentage obtained by dividing the gross leasable square footage contained utilities 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 and Tenant hereby acknowledge and agree that (i) the Cafeteria Space currently receives heating, ventilation and air-conditioning (“HVAC”) from the Building’s central HVAC system, and (ii) electricity, HVAC, gas and water provided to the Cafeteria Space are not currently separately metered. Tenant shall, at Tenant’s sole cost and expense (subject to the terms of Section 10 below), within a commercially reasonable period of time after the date of execution of this Second Amendment, but in no event later than the Cafeteria Space Commencement Date, install separate meters or sub-meters (the “Separate Meters”) for the electricity, gas and water provided to the Cafeteria Space; provided, however, that Tenant shall not install separate meters or sub-meters and shall not separately meter (A) electricity provided for the lights in the Cafeteria Space, it being agreed that Landlord shall provide, at its cost, wateras part of Operating Expenses, electricity to the Cafeteria Space (the “Lighting Electricity”) sufficient to operate the lights currently installed in the Cafeteria Space and/or such other lights installed by Tenant as part of the Cafeteria Facilities and telephone service connections into approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and (B) the Premises; but Tenant HVAC provided for the Cafeteria Space, it being agreed that Landlord shall pay during provide, as part of Operating Expenses, HVAC for the Lease Term Cafeteria Space through the Building’s central HVAC system pursuant to 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 in accordance with the Premises (collectively terms of Section 7.1(a) of the "Services") and all taxes, levies, fees or surcharges thereforOriginal Lease. Tenant The Separate Meters shall arrange for Services be deemed to be supplied to part of the Premises Cafeteria Facilities and shall contract for be governed by all of the Services terms and conditions applicable thereto, as set forth in Section 7 above. Tenant shall, within thirty (30) days after Tenant's name prior ’s receipt of an invoice therefor, pay directly to Landlord (or at Landlord’s option, directly to the Commencement Dateutility company) for the costs of all electricity, gas and water (but not the Lighting Electricity or HVAC) provided to or used in the Cafeteria Space, which costs shall be determined pursuant to the Separate Meters. The Commencement Date In addition to the Lighting Electricity and HVAC (which Landlord shall provide to the Cafeteria Space as described hereinabove), and notwithstanding anything to the contrary contained in Section 7.1 of the Original Lease, Landlord shall provide the following services to the Cafeteria Space (which shall be separately metered by the Separate Meters and the costs of which shall be paid separately by Tenant as provided hereinabove): (1) cold water through water lines stubbed to the Cafeteria Space as reasonably necessary for the purposes of running the two (2) commercial kitchen sinks currently existing in the Cafeteria Space (and such other equipment using water and installed by Tenant as part of the Cafeteria Facilities as is approved by Landlord (which approval shall not be delayed by reason of unreasonably withheld, conditioned or delayed); provided, however, in no event may Tenant install any failure equipment which uses water which shall exceed the Building’s then-existing capacity therefor); (2) electricity to the Cafeteria Space twenty-four (24) hours a day, seven (7) days a week sufficient for operating the electric water heater, ice cream freezer, three (3) refrigerators, two (2) deli cases, salad bar, soda refrigerator and electric fryer currently existing in the Cafeteria Space (and such other electrical equipment installed by Tenant to so contract for Services. In the event that any as part of the Services canCafeteria Facilities as is approved by Landlord (which approval shall not be separately billed unreasonably withheld, conditioned or metered delayed); provided, however, in no event may Tenant install any electrical equipment which shall exceed the Building’s then-existing capacity therefor); and (3) gas through gas lines stubbed to the Premises, or if any Cafeteria Space as reasonably necessary for the purposes of operating the one (1) gas stove currently existing in the Cafeteria Space (and such other gas equipment installed by Tenant as part of the Services are Cafeteria Facilities as is approved by Landlord (which approval shall not separately metered as of be unreasonably withheld, conditioned or delayed); provided, however, in no event may Tenant install any gas equipment which shall exceed the Commencement Date, the cost of such Services shall be an Operating Expense Building’s then-existing capacity therefor). Landlord and Tenant shall pay such cost to Landlordhereby acknowledge that, 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 electricity (other than Lighting Electricity), gas and water for the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during Cafeteria Space being separately metered pursuant to this Section 9, notwithstanding anything in the Lease Term(as amended hereby), then Tenant's Rent payable hereunder to the contrary, Operating Expenses for the Cafeteria Space, only, shall not include the cost of electricity (other than Lighting Electricity and the electricity provided for lighting in the premises of tenants of the Complex, all of which shall be equitably abated to included in Operating Expenses), gas or water consumed in the extent such curtailment or suspension Cafeteria Space and the premises of Services interferes with Tenant's use other tenants of the Premises (as reasonably determined by Landlord Complex, since Tenant is separately paying for electricity, gas and Tenant) following such forty-eight (48) hour period until such Services are restoredwater consumed in the Cafeteria Space pursuant to this Section 9.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Utilities for Tenant shall be separately metered, and Tenant shall be solely responsible for and promptly pay during the Lease Term and prior to delinquency all charges for heat, water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-upelectric, sewer service and all any other services supplied to utility service used or consumed on the Leased Premises. Should Landlord elect to supply (and if, and only if, Tenant agrees to have Landlord supply) all or any of the utility services to be used or consumed on the Leased Premises, Tenant shall, within 10 days from presentation of the statement for such utility service, pay to Landlord, as additional rent under the terms hereof Tenant's prorata share of the amount of said statement if it represents utility service furnished to the Leased Premises only or prorata (collectively ___%) percent of said statement if it includes utility service to an area greater than the "Services") Leased Premises. Under no circumstances shall Tenant be responsible for duplicate payment of utilities charges. Said proration of utilities shall be reviewed by Landlord and all taxesTenant at the end of the first year of occupancy, levies, fees or surcharges therefor. at which time Landlord and Tenant shall arrange mutually determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the Tenants and will be adjusted by Landlord, if necessary. The Tenant shall forthwith upon taking occupancy of the Leased Premises make arrangements with the Public Service Company, Mountain Bell xx other appropriate utility company to pay the utilities used on the Leased Premises and to have the same billed to the Tenant at the address designated by the Tenant. Should there be a time where the Landlord remains responsible for Services to be utilities supplied to the Premises Leased Premises, the Landlord shall bill xxx Tenant therefore, and the Tenant shall contract for all promptly reimburse the Landlord therefore. The parties acknowledge that Tenant's business relies heavily on the supply of the Services in Tenantbasic utilities, and, if the same are not supplied due to Landlord's name prior to negligence, then rent shall abatx xxxing such period and, if such continues for longer than 24 hours, the Commencement Date. The Commencement Date same shall not be delayed deemed a default by reason of any failure by Tenant to so contract for ServicesLandlord hereunder. In the event the utility company supplying water and/or sewer to the Leased Premises determine that an additional service fee, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenants use and occupancy of the Services cannot be separately billed or metered to the PremisesBuilding, or if any nature of the Services are not separately metered as operation and/or consumption of the Commencement Dateutilities, the cost of such Services said expense 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 borne solely by the total gross leasable square footage located in all buildings utilizing such ServicesTenant. 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.Said

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but 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 if Tenant 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 expires or is otherwise 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. Except as set forth herein, Landlord shall not be required to furnish to Tenant any utility services of any kind, such Services as, but not limited to, water, sewer, heat, gas, electricity, voice or data services, or other utilities used, rendered, or supplied upon or in connection with the Premises. 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 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 right to enter upon the Premises at all reasonable times upon prior written or telephonic notice as may be reasonable under the circumstances in order to make such repairs, alterations and adjustments as shall be necessary in order to comply with the provisions of any mandatory or voluntary fuel or energy saving or similar statute, regulation or program. No prior notice shall be required in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage event 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 restoredan emergency.

Utilities. Landlord agrees to provideLessee will, at its costown expense, contract for and pay and discharge all charges for electricity, gas, water, electricity sewer and telephone service connections into garbage collection, and telephone/telecommunication furnished in connection with or for the use of the Premises; but Tenant shall pay during , or any part thereof, including the Lease Term and prior making of deposits with the proper authorities or person in order to delinquency all charges for watersecure such services. At the time of the commencement of the term of this Lease, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other if any of the aforesaid 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 are being furnished to the Premises and shall contract for all from accounts that are in the name of Lessor, Lessee agrees to immediately change such service accounts with the Services in Tenant's proper authorities or persons into the name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for ServicesLessee. In the event that any Lessee fails to change such accounts into Lessee’s name within five (5) days after the commencement of the Services cannot be separately billed term of this Lease, Lessor shall have the right without any notification to Lessee to immediately notify the proper authorities or metered persons to terminate the furnishing of such services to the Premises without incurring any liability to Lessee on account of such termination. Lessor shall provide easements and access rights to any utility provider as reasonably required by such provider in connection with the delivery of utility service to the Premises. Except as provided in Section 6 below as to electricity, or if at any time during the Term of this Lease, any utility service purchased and paid for by Lessee includes service provided to the Expansion Space (as defined in Section 33, below) prior to the expansion of the Services are Premises to include the Expansion Space, either (i) Lessor, at its election and cost, shall cause a separate meter to be installed measuring such service to the Expansion Space and Lessee shall not separately metered as of the Commencement Date, pay for the cost of such Services service, or (ii) Lessee shall be an Operating Expense and Tenant shall pay such receive a credit against Base Rent for the difference between the cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such 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 services to the Premises as a result and the Expansion Space less Lessee’s Proportionate Share 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. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone or sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and together with all taxes, leviespenalties, fees surcharges, and maintenance charges pertaining thereto pursuant to the terms and conditions of this Lease. Water, gas and electricity servicing the Premises are separately metered and Tenant shall pay directly to the utility provider for same. Except as otherwise expressly set forth herein, Landlord shall not be liable for any interruption or surcharges failure of utility service to the Premises, and in no event shall the unavailability of such services or any other services (or any diminution in the quality thereof) render Landlord liable to Tenant or any entity claiming through Tenant for any damages caused thereby, constitute a constructive eviction of Tenant, constitute a breach of any implied warranty by Landlord, or entitle Tenant to any abatement of Tenant’s obligations hereunder. If Tenant is prevented from using, and does not use, the Premises because of the unavailability of utility service to the Premises for a period of 10 consecutive business days or 15 non-consecutive days in any 12 month period following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the cure of which is within Landlord’s reasonable control, and such unavailability was not caused by a Tenant Party, a governmental directive or cause beyond Landlord’s control, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 10 business day period or 15 non-consecutive day period, as applicable) that Tenant is so prevented from using, and does not use, the Premises. Any amounts payable by Tenant under this Section shall be due within 10 days after Landlord has invoiced Tenant therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all not install any electrical equipment requiring special wiring or requiring voltage in excess of the Services 110 volts unless approved in Tenant's name prior to the Commencement Date. The Commencement Date advance by Landlord, which approval shall not be delayed unreasonably withheld, conditioned or delayed. Tenant shall not install any electrical equipment requiring voltage in excess of Building capacity unless approved in advance by reason Landlord, which approval will not be unreasonably withheld if Tenant increases the Building capacity in compliance with all Laws and the terms of this Lease. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, or interfere with or disturb any failure other tenants of the Building. If Tenant uses machines or equipment in the Premises which affect the temperature otherwise maintained by the air conditioning system or otherwise overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of installation, operation, use, and maintenance, shall be paid by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered Landlord within 30 days after Landlord has delivered 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 Tenant 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 restoredinvoice therefor.

Utilities. Section 1. Landlord shall pay for all heating, air conditioning, electricity, janitorial services, gas, water and sewer charges used in the Leased Premises throughout the Term of this Lease. Tenant shall be responsible for all other utility services, including without limitation internet and telephone services with such network equipment to be installed in currently established network closets with Landlord to escort Tenant and/or its provider(s) for access thereto. Tenant agrees to providecommunicate and work with, at and to cause its cost, water, electricity internet and telephone service connections into the Premises; but Tenant shall pay during the Lease Term provider to communicate and prior work with, Lxxxxxxx’s IT Department to delinquency all charges for water, gas, light, heat, power, electricity, have such internet and telephone or other communication service, janitorial service, trash pick-up, sewer services properly installed and all other services supplied to or consumed maintained on the Premises (collectively the "Services") Leased Premises. It is understood and all taxes, levies, fees or surcharges therefor. Tenant agreed that Txxxxx’s telephone service shall arrange for Services connect 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 DateLandlord’s hardware, the cost of such Services which is included in the Annual Rent. The Tenant shall have the option to install and maintain their own hardwired and wireless internet network. Tenant shall be an Operating Expense and Tenant shall pay such cost limited 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 Servicesone production wireless network (i.e. no “guest” network or other multiple network iterations). The lack or shortage of any Services due to any cause whatsoever Such internet networks shall not affect any obligation of Tenant hereunderinterfere with Landlord’s internet network, and Tenant shall faithfully keep work cooperatively with Landlord’s facilities and observe all technologies teams to develop infrastructure plans. Landlord shall have the termsright to approve any network plans including cabling/infrastructure plans. If it is determined the Tenant’s internet network is interfering with Lxxxxxxx’s internet network the parties shall work together in good-faith to arrive at a reasonable solution. If no solution can be agreed, conditions the Landlord may require the Tenant to disable their internet network causing the interference, and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence the Landlord’s shall offer a guest internet network to the contrary notwithstandingTenant. Tenant is wholly responsible for the cost, management, and maintenance of its internet network and shall at all times remain liable for the security, use, and availability of its internet network. Landlord agrees shall bear no responsibility to help, facilitate, manage, or otherwise support Tenant’s internet network Section 2. Tenant shall be responsible for general management and upkeep of the Leased Premises. Section 3. Notwithstanding the provisions of Article 6, Section 1, above, in the event that if Services are curtailed Tenant’s Work (defined in Article 9 below) causes Tenant to use a disproportionate amount (in Landlord’s sole discretion) of electricity, gas, water, sewer, or suspended other commonly metered utilities Tenant shall be responsible to pay Landlord additional fees for its increased utility usage. Additionally, in the event that Tenant’s Work or use of the Leased Premises requires Landlord or utility providers to install additional hardware, wiring, plumbing, sewer lines, electrical lines, panels, water lines, or bandwidth, servers, routers, hubs, etc., to accommodate Tenant’s Work or Tenant’s use, unless otherwise agreed, Tenant shall be solely responsible for such additional costs. Tenant has previously installed an additional and dedicated air handling unit which exclusively serves and is used exclusively by Tenant for its operations. Notwithstanding the provision of Article 8, Section 1 of the Lease, such air handling units and other utility infrastructure installed by Tenant and used exclusively as part of Tenant’s operations shall not be considered base-building equipment, however, at expiration of the Term, Tenant shall not be required to remove such dedicated air handling unit. Tenant shall be responsible for the maintenance, repairs, and replacement of such units at its sole cost and expense. Tenant shall be responsible for specific costs directly attributable to Tenant’s operations, but paid for by Landlord on Tenant’s behalf, such as Lxxxxxxx’s treatment of Tenant’s generated sewage. Section 4. Tenant covenants that it shall, at its own expense, axxxx, remedy and remove any hazardous material discovered on the Leased Premises which was located, generated, created, stored, treated, discharged, disposed of, allowed to escape, or released by Tenant or by any of Tenant’s patrons, customers, invitees, members, employees, agents, servants, or contractors. Tenant shall indemnify Landlord, without prior payment being made by Landlord, against and shall hold Landlord harmless from any claim, demand, judgment, penalty, liability, cost, damage and expense, including court costs and attorneys’ fees prior to trial, at trial and on appeal, whether private or mandated by any governmental body, and including liabilities assessed by any governmental body, resulting from any breach of the foregoing covenant, it being the intent of Landlord and Tenant that Landlord shall have no liability for damage to the environment or natural resources caused by Txxxxx, for abatement, removal or clean-up of, or otherwise with respect to any contaminants either by virtue of the interest of Landlord in the Leased Premises or created as a result of Landlord’s exercise of any of its rights or remedies with respect to this Lease including, but not limited to, the acts eviction of Tenant or negligence or willful misconduct the re-entry of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use and Landlord’s repossession of the Premises Leased Premises. Tenant agrees that it shall, for purposes of this section, be designated as the “Owner” or “Operator” of the Leased Premises, as those terms are defined by 42 U.S.C. 9601-9675 (as reasonably determined 1989) (CERCLA). The warranties and indemnifications made by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTenant within this Section shall survive the termination of the Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity (a) The City and telephone service connections into the Premises; but Tenant shall pay during be responsible for payment for utility costs with respect to the Lease Term Property, including oil, gas and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication serviceas follows: (i) During the term of this agreement the City shall be responsible for payment of utility costs until the HVAC system in the property is replaced and/or fixed and approved by the City Engineer. The Tenant has the right to obtain an independent evaluation of the HVAC system within 2 weeks of approval of the HVAC system by the City Engineer. Once the HVAC system is upgraded and/or fixed, 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 City Shall be responsible for Services to be supplied payment of utility costs up to the Premises and shall contract for all amount 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 ServicesSeventy Thousand Dollars ($70,000.00) per year. In the event the total utility costs shall exceed Seventy Thousand Dollars ($70,000.00) per year, Tenant shall be responsible for payment of utilities in excess of that amount. (b) In the event that Tenant shall be responsible for payment any utility costs, as long as legally permissible, if the City has a preferred municipal rate for any utilities, and in order to maintain such “favored rates” for the benefit of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement DateTenant, the cost City shall continue to pay such utility provider directly and Tenant will promptly reimburse the City for any such costs following presentation of invoices with respect thereto. Tenant will otherwise pay all the providers of such Services utilities directly. (c) In the event that Tenant becomes responsible for payment of any utility costs during the Term of this agreement, the City 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 seek reimbursement of such Services shall be payment from Honeywell International Inc. (“Honeywell”) in accordance with an energy performance contract entered into between the percentage obtained by dividing City and Honeywell (the gross leasable square footage contained in “Honeywell Agreement”), wherein Honeywell has made certain utility cost savings guarantees associated with work it performed on the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesProperty. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderCity shall, in good faith and with diligent effort, seek such reimbursement from Honeywell in accordance with the Honeywell Agreement, and upon receiving such reimbursement from Honeywell, will promptly reimburse Tenant for any utility cost payments. In the event the City shall faithfully keep and observe all the termsseek reimbursement from Honeywell, 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 Tenant agrees that if Services are curtailed or suspended it shall assist and cooperate with the City to obtain such reimbursement, including, but not limited to, providing any necessary documentation that Honeywell shall request in connection with 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. (a) tenant shall pay for the use of all electrical, gas and other utility service to the Leased Premises. Provided that Landlord can make arrangements satisfactory to Landlord and Tenant with the utility companies, Tenant shall be billed directly by each such utility and Tenant agrees to provide, at pay each such xxxx promptly in accordance with 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 Servicesterms. In the event that for any of reason Tenant cannot be billed directly, Landlord shall forward each xxxx with respect to the Services Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately billed or metered for any reason, Tenant shall pay Landlord as Additional Rent and in monthly installments at the time prescribed for monthly installments of Base Rent, an annual amount, as estimated by Landlord from time to time, which Tenant would pay for such utility service if the same were separately metered to the Premises, or if any of Leased Premises by the Services are not separately metered as of the Commencement Date, the local utility company and billed to Tenant at such company's current rates (including applicable taxes). The cost of such Services any utility service supplied to the Project or Common Areas by Landlord shall be an included in Operating Expense and Costs. (b) Tenant shall not waste or permit the wasting of water nor shall Tenant use water for purposes other than drinking, lavatory or toilet purposes through fixtures installed by Landlord or by Tenant, with Landlord's consent. Tenant shall pay such cost to Landlord, Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, as provided at rates charged by the utility provider plus any applicable taxes and resellers' charges, and, in Paragraph 12 belowconnection therewith, except that Landlord may require tenant at Tenant's proportionate share cost to install a submeter to measure Tenant water usage. Tenant shall not introduce into the sewer system any harmful or dangerous substances and shall not overload the sewer system by abnormal usage. (c) Tenant agrees that Landlord shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or for a delay in furnishing any service or utility, whether the responsibility of Landlord or others, if such Services shall be failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements authorized by this Lease, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the percentage obtained Building or Project after reasonable effort so to do, by dividing the gross leasable square footage contained in the Premises any accident or casualty whatsoever, by the total gross leasable square footage located in all buildings utilizing such Services. The lack act or shortage default of any Services due to Tenant or other parties, or by any cause whatsoever beyond the reasonable control of Landlord; and such failures or delays shall not affect never be deemed to constitute an eviction or disturbance of the Tenant's use and possession of the Leased Premises or relieve the Tenant from paying rent or performing any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of its obligations under this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionLease. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingcontained in this Lease, Landlord agrees that if Services are curtailed or suspended any utility to the Leased Premises as a result of the acts or negligence or willful misconduct of Landlord is materially interrupted for a period of forty-eight longer than five (485) consecutive hours during the Lease Termdays, then and such material interruption is not caused by Tenant's failure to pay for the utility, the Base Rent payable hereunder and Additional Rent shall thereafter 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 restoredmaterial interruption ends.

Utilities. Landlord 9.01 Lessor agrees to provide, provide at its cost, water, electricity cost water and electric service connections (and gas where applicable) to the Premises and telephone service connections into to the Building, but Lessee agrees to make all arrangements for and pay directly to the appropriate utility company all costs and expenses of utility services supplied to, and for the use of, Lessee in or about the Premises; , including but Tenant shall pay during the Lease Term and prior to delinquency all charges for not limited to, water, gas, heat, light, heat, power, electricitytelephone, sewer, sprinkler charges, usage costs and expenses, service fees, connection charges, deposits and any duties or taxes for such utilities. 9.02 If for any reason, Lessor incurs any utility costs and expenses which are attributed to Lessee, as determined by Lessor, Lessee, upon notification from Lessor, shall immediately reimburse Lessor for all such costs and expenses. 9.03 In the event it is not possible for Lessee to pay directly for any utility service, the utility service may, at Lessor's discretion, be obtained in Lessor's name, and Lessee will pay Lessor, as Additional Rent, Lessor's best estimate of Lessee's share of such utility costs and expenses. Lessor's best estimate will be determined by Lessor in its sole discretion and will be subject to change as Lessor deems necessary. Periodically during the Lease Term, Lessor will compare Lessee's utility estimates to actual utility costs and expenses incurred, and bill or credit, whichever is applicable, Lessee for any difference. Xxxsor reserves the right to separately meter any such service not so separately metered at Lessee's sole cost and expense at any time during the Lease Term, at which time Lessee shall be directly responsible for payment of such expense directly to the utility service provider, if possible. 9.04 Lessor will not be liable or deemed in Lessor Default, nor will there be any abatement of rent, for any interruption or reduction of utilities, utility services or telecommunication services. Without limiting the foregoing, Lessor shall have no liability in the event any telecommunication service to the Premises is interrupted or in the event that any telecommunications company providing services to the Premises (whether selected by Lessor or Lessee) fails to provide such services or provides defective service. Additionally, Lessee agrees to comply with any energy conservation programs implemented by Lessor by reason of enacted laws or ordinances, or otherwise. 9.05 Lessor reserves the right, in its sole discretion, to designate, at any time, Lessee's utility equipment and service providers for any utility available for Lessee's use within the Property. 9.06 By execution of this Lease, Lessee acknowledges it has satisfied itself as to the adequacy of any Lessor owned telephone equipment, if any, and the quantity of telephone lines and service connections to the Building available for Lessee's use. Additionally prior to termination of this Lease, Lessee at its sole cost and expense, will remove all equipment, both above and below the ceiling to the phone closet where applicable, (if required by Lessor), including but not limited to, all lines, wiring and all telephone boards belonging to Lessee and restore the Premises to the same condition as before such installation. 9.07 Lessee acknowledges and agrees that the number and type of telephone lines to its Premises, and all other telephone, telecommunication or other communication serviceequipment (specifically including any antennas, janitorial servicetowers {microwave or otherwise} or other exterior equipment of any nature) which either utilizes telephone or telecommunications equipment or technology or in any other manner affects the ability to use telephone or communications facilities at the Premises, trash pick-up, sewer as presently existing 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 as contemplated to be supplied to the Premises and shall contract for all of the Services in Tenant's name installed prior to the Commencement Date. The Commencement Date shall not be delayed by reason of as specifically provided in any failure by Tenant Exhibit to so contract this Lease, are fully adequate for ServicesLessee's uses and purposes. In the event that Lessee later wishes additional telephone, telecommunication or other communication lines or equipment to be installed after the date of Lessee's execution of this Lease, no such additional lines or equipment shall be installed without first securing the prior written consent of Lessor, which will not be unreasonably withheld. Any telecommunications installation shall be subject to the following: (1) Lessor shall incur no expense whatsoever with respect to any aspect of Lessee's need for additional access or equipment, including without limitation, the costs of installation, consultants, materials, permits, service, etc. (2) Prior to the commencement of any work in or about the Building to install such additional access, lines or equipment, Lessee shall agree to abide by such conditions to installation, use and removal, as are determined by Lessor in its sole discretion. (3) Lessor reasonably determines that there is sufficient space in the Building for the placement of all of the Services canlines, access and equipment. (4) Lessee agrees to compensate Lessor the reasonable amount determined by Lessor for space used in the Building for the storage and maintenance of the equipment, if any lies outside the leased Premises, and for all costs that may be incurred by Lessor in arranging for access by the Lessee's personnel, security for Lessee's equipment, and any other such costs as Lessor may expect to incur. (5) Any other requirements Lessor may deem reasonable. The refusal of Lessor to consent to any request shall not be separately billed deemed a Lessor Default nor otherwise be grounds for any termination, claim or metered offset by Lessee. Lessee agrees that to the Premisesextent service by any telephone or communication equipment is interrupted, curtailed, or if any of the Services are not separately metered as of the Commencement Datediscontinued, the cost of such Services Lessor shall be an Operating Expense have no obligation or liability with respect thereto and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services it shall be the percentage obtained sole obligation of Lessee at its expense to obtain substitute service, but only with Lessor's prior written permission, which shall not be unreasonably withheld. Lessor's consent under this section shall not be deemed a warranty or representation by dividing Lessor as to the gross leasable square footage contained in availability or suitability of the Premises present or future telephone or communications equipment, connections, compatibility or space available for any additional equipment, lines or access. The provisions of this clause may be enforced solely 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 hereunderLessee and Lessor, and Tenant are not for the benefit of another party, specifically, without limitation, no telephone or telecommunications provider 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 be deemed a result third party beneficiary of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency 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. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's ’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 ’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 (except for a lack or shortage proximately caused by the negligent acts or willful misconduct Landlord or that of its agents, employees, contractors or invitees) 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 , except where the contrary notwithstandinglack or shortage of gas, Landlord agrees that if Services are curtailed light, heat, power or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight electricity exceeds fifteen (4815) 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 restoredbusiness days.

Utilities. Landlord agrees to provideNo compensation will be given for temporary outage of electricity, at its costgas, water, electricity cable, or telephone service. Outages will be reported immediately and telephone service connections into all efforts will be made to have them restored as soon as possible. TELEPHONES Telephones are provided. LINENS/TOWELS/SUPPLIES The owners furnish linens and towels. Any lost or damaged linens will be deducted from your deposit. An initial supply of paper products is provided. Extra items needed are the responsibility of the Tenant. Limited cleaning supplies may be provided. We recommend that you bring any special items that you may need. HOUSEKEEPING There is no daily maid service. Linens and towels are included and not to be taken from the Premises; but Tenant shall pay during the Lease Term and . An initial setup of trash liners, bathroom paper, soap is provided. There is a $_CleaningFee_ one-time cleaning fee payable prior to delinquency all charges for waterthe beginning of the Rental Term, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer which is not refundable. Additional cleaning fees will be due in the event that cleaning involves more than ordinary and all other services supplied expected tasks. GAS GRILL A gas grill is provided. Propane is the responsibility of the guest. VACATING THE PROPERTY Tenant agrees 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 leave the Premises and shall contract for all of its contents in the Services in Tenant's name prior same condition, neat and tidy, as Tenant found the Premises to the Commencement Datebe upon move-in, normal wear and tear excepted. 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 Furnishings are not separately metered as of the Commencement Date, the cost of such Services shall 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 removed from the Premises by the total gross leasable square footage located for use outside or in other properties. Upon checkout, beds should be stripped of linens and placed in a pile in each bedroom, all buildings utilizing such Services. The lack or shortage of any Services due dishes are to any cause whatsoever shall not affect any obligation of Tenant hereunderbe washed, 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 garbage removed from the Premises as a result of and placed in garage receptacles. ENTRY BY OWNER iTrip and 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 owner of the Premises (as reasonably determined by Landlord and Tenant“Owner”) may enter the Premises under the following circumstances: in case of an emergency; to make any necessary or agreed upon repairs, alterations, or improvements; supply necessary or agreed upon services; or show the Premises to prospective purchasers, renters or contractors. iTrip will provide Tenant with at least 24 hours’ notice of such forty-eight entry (48) hour period until such Services are restoredexcept in the case of an emergency).

Utilities. Landlord agrees to provideThe TENANT shall pay, at its costas they become due, water, all bills for electricity and telephone service connections into other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises; but Tenant shall pay during leased premises and presently separately metered, all bills for fuel furnished to a separate tank servicing the Lease Term leased premises exclusively and prior to delinquency all charges for watertelephone and other communication systems used at, gasand supplied to, lightthe leased premises. The LANDLORD agrees to furnish water for ordinary drinking, heatcleaning, powerlavatory and toilet facilities and reasonable heat and air conditioning, if installed as part of the structure of the building (except to the extent that the same are furnished through separately metered utilities or separate fuel tanks as set forth above), so as to maintain the leased premises and common areas of the building at comfortable levels during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service, if installed as part of the structure of the building, and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all subject to interruption due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, telephone or other communication service, janitorial serviceor supplies from the sources from which they are usually obtained for said building, trash pick-up, sewer or to any cause beyond the LANDLORD's control. LANDLORD shall have no obligation to provide utilities or equipment other than the utilities and all other services supplied to or consumed on equipment within 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 leased premises as of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason commencement date of any failure by Tenant to so contract for Servicesthis lease. In the event that any of the Services cannot be separately billed TENANT requires additional utilities or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Dateequipment, the cost of such Services shall be an Operating Expense installation 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 maintenance thereof shall be the percentage obtained TENANT's sole obligation, provided that such installation shall be subject to the written consent of the LANDLORD. LANDLORD shall incur no liability to TENANT whatsoever should any utility or service become unavailable from any public utility company, public authority or any other person, firm or corporation, including LANDLORD, supplying, distributing or responsible for such utility or service. LANDLORD shall under no circumstances be liable to TENANT in uninsured damages or otherwise for any interruption in service or failure to function of water, electricity, waste lines, sprinkler system, heating, ventilation, air-conditioning or other utilities and services caused by dividing an unavoidable delay, by the making of any necessary repairs or improvements or by any cause other than the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack negligence of LANDLORD or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderLANDLORD's employees, 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 contractors 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 restoredinvitees.

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 xxxx 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 xxxxx, 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 xxxxx, 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 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(A) If steam, electricity, telephone water and sewer are supplied by Sublessor, Sublessee shall purchase the same from Sublessor 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 Sublessor's agent at a base rate consisting of the Services charges, terms and rates for like quantities and character of service in Tenant's name prior the utility company service classification in effect at the time said service is used and under which Sublessor purchases service. (B) Sublessee shall comply with all reasonable rules and regulations which from time to the Commencement Datetime may be promulgated by Sublessor to conserve fuel and/or energy. The Commencement Date Sublessor shall not be delayed liable to Sublessee for any loss or damage or expense which Sublessee may sustain or incur if either the quantity or character of utility service is changed without fault of Sublessor or is no longer available or suitable for Sublessee's requirements. Any riser or risers to supply Sublessee's requirements, upon written request of Sublessee, will be installed by reason Sublessor, at the sole cost and expense of any failure by Tenant Sublessee, if, in Sublessor's reasonable judgment the same are necessary and will not cause permanent damage or injury to so contract for Servicesthe Building or demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In the event that any of the Services cannot be separately billed or metered addition to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost installation of such Services riser or risers, Sublessor will, at the sole cost and expense of Sublessee, install all other equipment proper and/or necessary in connection therewith, subject to the aforesaid terms and conditions. Sublessee covenants and agrees that at all times its use of electric current shall be an Operating Expense and Tenant shall pay such cost never exceed the capacity of existing feeders to Landlord, as Additional Rent, as provided in Paragraph 12 below, the building or the risers' wiring installations 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 with respect to any cause whatsoever shall not affect any obligation of Tenant hereunder, riser requested by Sublessee and Tenant shall faithfully keep and observe all approved by Sublessor in accordance with the terms, conditions and covenants provisions 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 restoredArticle 15.

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 Premises Share, Tenant’s Lot 1 Share or if Tenant’s Project Share, as relevant, of any of the Services such services or 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 and paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Premises 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; provided, however, that notwithstanding anything to the contrary contained in this Lease, Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses arising from (i) the disproportionate use of any utility or service supplied by Landlord to any other occupant of the Building, Lot 1, or the Project or (ii) associated with utilities of a type not provided to or for the benefit of Tenant. The disruption, failure, lack or shortage of any Services service or utility provided by Landlord with respect to the Premises, the Building, Lot 1 or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding; provided, however, that within a reasonable time after Landlord’s receipt of written notice from Tenant specifying such failure, but in no event later than thirty (30) days after Landlord’s receipt of such written notice from Tenant, Landlord agrees that shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion, and provided further that: (i) if Services are curtailed such disruption, failure, lack or suspended shortage is caused by Landlord’s failure to the Premises as a result of the acts observe or negligence or willful misconduct of Landlord perform its obligations hereunder, then, if, despite such diligent efforts by Landlord, such interruption persists for a period in excess of forty-eight four (484) consecutive hours during the Lease Termbusiness days, then Tenant's , as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the fifth (5th) consecutive business day of such interruption an ending on the day the utility or service has been restored; and (ii) if such interruption is due to any reason other than the actions of Tenant or any Tenant Party, then, notwithstanding the fact that such interruption was not caused by Landlord’s failure to observe or perform its obligations hereunder, Tenant shall be equitably abated entitled to an abatement of Base Rent for the period such interruption commences until it ends to the extent (and only to the extent) that Landlord is actually reimbursed for such curtailment or suspension Base Rent abatement by any rental-loss insurance policy that Landlord is then carrying on the Project, the cost of Services interferes with Tenant's use which has been included in Operating Expenses. Notwithstanding anything herein to the contrary, in the event of an interruption due to a casualty, the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.terms of Article VIII of this Lease shall supersede the terms of this Article X.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services"a) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior Prior to the Commencement Date, Landlord shall provide water, sewer, electric and gas service to the Leased Premises. The Commencement Date Tenant acknowledges that electric, gas, water and sewer utilities for the Leased Premises are provided by Landlord and billed by Landlord or its agent to Tenant (i) for water and sewer service, as calculated below in Section 12.1(d), and (ii) for electric and gas service based upon Tenant’s proportionate share computed by multiplying the cost of gas and electrical service for Building 3 of the Columbus International Aircenter by a fraction the numerator of which is the square footage of the Premises and the denominator of which is the square footage of said Building 3, which building square footage for purposes of this Section 12.1 shall be 811,000 square feet. Landlord shall not be delayed by reason liable for the quality or quantity of or interference involving any such utilities. During the term hereof, whether the Leased Premises are occupied or unoccupied, Txxxxx agrees to maintain heat sufficient to heat the Leased Premises so as to avert any damage to the Leased Premises on account of cold weather. (b) Except as provided herein, Landlord shall not be liable in damages or otherwise for any failure or interruption of any failure by Tenant utility service being furnished to so contract for Servicesthe Leased Premises. In the event that any utility service to the Leased Premises shall be interrupted (a) for seventy-two (72) hours or more or (b) due to the negligent act or omission of the Services canLandlord, its agents, contractors, or employees, rent and all charges payable hereunder shall equitably axxxx until such services are fully restored. (c) Txxxxx agrees to be responsible for its rubbish removal for the Leased Premises. (d) Txxxxx’s obligation to Landlord for water and sewer utilities shall be 100% for the Leased Premises and 33.3% for the future Leased Premises not then delivered to Tenant. Tenant’s obligation shall be separately billed or metered computed as the sum of (i) Tenant’s Pro Rata Share for usage of water and sewer utilities, plus (ii) one-third of the Pro Rata Share for usage of water and sewer utilities for an area equal to 811,000 sf minus the then leaseable area of the Leased Premises. Simultaneous with the billing to Tenant of its water and sewer charges for the Leased Premises, or if any Landlord shall provide Tenant with details regarding the calculations used by Landlord in computing Tenant’s proportionate share of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and same. Tenant shall pay for such cost to usage within 30 days of receipt of a reasonably detailed invoice therefore from Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall be solely responsible for and promptly pay during the Lease Term and prior to delinquency all charges for heat, water, gas, light, heat, power, electricity, telephone sewer rents or charges and any other communication service, janitorial service, trash pick-up, sewer and all other services supplied to utility used or consumed in the Leased Premises or in providing heating and air-conditioning to the Leased Premises, without limitation, said responsibility commencing on the date Landlord notifies Tenant that the Leased Premises (collectively the "Services") are ready for Tenant's work. Should Landlord elect to supply said utilities, Tenant agrees to purchase and all taxespay for same, leviesas additional rent every month, fees or surcharges therefor. Tenant shall arrange for Services to be supplied at rates equal to the Premises and shall contract for all of the Services in Tenant's name prior rates that Tenant would be obligated to pay to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. local utility companies supplying such utility services. (b) In the event that any of Tenant does not have a water meter installed in the Services cannot be separately billed or metered to the Leased Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall will pay such cost to Landlord, as Additional Rentadditional rent every month, the minimum charge for the size of the line installed in the Leased Premises in accordance with the rates established from time to time by the utility company or authority supplying water to the premises. (c) In the event the local authority, municipality or other body collects for the water and/or sewerage or sanitary consumption, as provided aforesaid, Tenant covenants and agrees to pay the sewer rent charge and any other tax, rent, levy or charge which now or hereafter is assessed, imposed or becomes a lien upon the Demised Premises, or the realty of which they are a part, pursuant to law, order or regulation made or issued in Paragraph 12 belowconnection with the use, except that Tenant's proportionate share consumption, maintenance or supply of such Services water, water system or sewerage connection system. (d) In no event shall Landlord be the percentage obtained by dividing the gross leasable square footage contained liable to Tenant in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack damages or shortage of otherwise for any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderinterruption, 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 any of the Premises (as reasonably determined foregoing utility services in the event of a default by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTenant under this Lease or due to repairs, action of public authority, strikes, acts of God or public enemy, unless caused by Landlord's negligence or willful misconduct.

Utilities. Landlord agrees to providesupply for standard desk-furnished business offices, 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 usual building business hours on business days, reasonable amounts of domestic water for water, gas, lightdrinking purposes, heat, powerair-conditioning, electricityand electric current for lighting purposes and power for a reasonable number of fractional horsepower office machines, telephone together with Landlord's standard janitorial services five times each week, Saturdays, Sundays and recognized legal holidays excepted. Landlord shall not supply any janitorial services or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on cleaning for any plumbing fixtures located in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefordemised premises. Tenant shall arrange have the obligation and responsibility for Services cleaning and maintaining any such plumbing fixtures. LANDLORD SHALL PROVIDE THE SAME SERVICES, MAINTENANCE AND REPAIRS FOR THE DEMISED PREMISES AT LANDLORD'S COST AS LANDLORD PROVIDES TO THE OTHER OFFICE SPACE TENANTS IN THE BUILDING (AS DISTINGUISHED FROM GROUND-FLOOR TENANTS). Tenant will not, without the written consent of Landlord, use any office equipment in the premises using current in excess of 110 volts, or which will in any way generate heat or increase the amount of electricity, water or air-conditioning usually furnished or supplied for use of the premises as general office space; nor connect any apparatus or device for the purposes of using electric current except through existing electrical outlets or for the use of water except with existing water pipes in the premises. If Tenant requires water or electric current in excess of that usually furnished or supplied for use of the premises as general office space, Tenant shall first procure the consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electric current meter to be supplied installed in the premises, to measure the Premises amount of water and electric current consumed for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall contract be paid for by Tenant and Tenant agrees to pay Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the City of Los Angeles or the local public utility, as the case may be, for furnishing the same, plus any additional expense incurred in keeping account of the 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 water and electric current so contract for Servicesconsumed. In the event that any Tenant utilizes or consumes utilities or services after usual building business hours or in amounts which are appreciably in excess of those utilized or consumed by the Services cannot be separately billed or metered to average office tenants in the Premisesbuilding, or if any Tenant shall reimburse Landlord, as additional rent, upon receipt of the Services are not separately metered as of the Commencement Datedemand therefor, the cost of such Services shall be an Operating Expense and excess consumption. In the event Tenant utilizes heating, air conditioning or fan service after normal building business hours, Tenant shall pay reimburse Landlord its then current building standard rate for such cost services. As of the date of execution of this Lease, Landlord's current building standard rates for these services are: for heat or air conditioning -- $175.00 per hour; for fan service -- $75.00 per hour. Landlord agrees to Landlordsupply, as Additional Rentfor any storage areas leased hereunder, as provided in Paragraph 12 belowduring usual building business hours on business days, except that Tenant's proportionate share reasonable amounts of such Services electric current for lighting purposes only. Landlord 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 Serviceshave no obligation to supply to storage areas, water, heat, air-conditioning or electric current for any purposes other than lighting. The lack or shortage normal building business hours are from 6:00 A.M. to 6:00 P.M., Monday through Friday, recognized legal holidays excepted. At any time during the term of this lease, normal building business hours for the furnishing of any Services utilities or services to the Building may be curtailed by Landlord without abatement of rent, due to any cause whatsoever shall not affect Energy or Natural Resource Conservation Act now or hereinafter enacted or the directive of any obligation Energy or Natural Resource Agency or any other similar or dissimilar statute or directive of Tenant hereunderany federal, and Tenant shall faithfully keep and observe all state or other governmental, or quasi-governmental agency, or public utility, or any other entity vested with the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit power to regulate utilities 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.

Utilities. A. Electricity Service ------------------- (1) Landlord agrees shall contract directly with the public utility company for electric service for the Demised Premises. Tenant shall be responsible for the payment of the cost of such electric service. Such electric service may be furnished to provideTenant by means of the then existing electrical facilities serving the Premises to the extent that the same are available, at its costsuitable and safe for such purposes. Landlord will, waterprior to the commencement date, electricity install a sub-meter to measure Tenant's electric usage and telephone service connections into the Premises; but Tenant shall pay during for such electric usage at the Lease Term and prior rate charged to delinquency all charges for waterLandlord by the utility company plus a five percent administrative fee. (2) Any additional feeders or risers to be installed to supply Tenant's additional electrical requirements, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied equipment proper and necessary in connection with such feeders or risers shall be, at Landlord's option, installed by Landlord upon Tenant's request, at the sole cost and expense of Tenant (including a connection fee of Three Hundred Fifty Dollars ($350.00) per kilovolt ampere, provided that, in Landlord's reasonable judgment, such additional feeders or risers are necessary and are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or consumed on the Premises (collectively or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or materially interfere with or disturb other tenants or occupants of the "Services") and all taxesBuilding. Tenant covenants that, leviesat no time, fees shall the use of electrical energy in the Premises exceed the capacity of the existing feeders or surcharges thereforwiring installations then serving the Premises. Tenant shall arrange not make or perform or permit the making or performance of any alterations to wiring installations or other electrical facilities in or serving the Premises or any additions to the business machines, office equipment or other appliances in the Premises which utilize electrical energy without the prior consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. (3) Landlord shall not be liable to Tenant in any way for Services to be supplied any interruption, curtailment or failure, or defect in the supply or character of electricity furnished 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 requirement, act or omission of Landlord or of any public utility or other company servicing the Building with electricity or 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 belowother reason, except that Tenantif caused by Landlord'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 misconduct. Landlord for a period of forty-eight (48) consecutive hours during reserves the Lease Term, then Tenant's Rent payable hereunder right to estimate electric costs and Tenant specifically agrees to Pay estimated costs per submeter which shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined confirmed by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredan outside source monthly.

Utilities. (a) 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 furnish to the Premises, or if any during reasonable hours. Monday through Friday except recognized public holidays, to be determined by Landlord, and subject to the rules and regulations of the Services are not separately metered as Building, HVAC service for the use of the Commencement DatePremises for general office purposes. Landlord shall also furnish the Premises, at all times, subject to the rules and regulations of the Building, with water and electricity suitable for the use of the Premises for general office purposes. (b) Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises which will in any way increase the amount of electricity, cooling capacity or water usually furnished or supplied for use of the Premises for general office purposes or connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purpose of using electric current or water. If Tenant shall require water or electric current in excess of that customarily furnished or supplied to other Tenants of the Building for use of their Premises for general office purposes. Tenant shall first procure the consent of Landlord, which Landlord may refuse in its sole discretion, to the use thereof and Landlord may cause an electric current or water meter to be installed in the Premises so as to measure the amount of excess electric current or water consumed by Tenant. The cost of any such meter and of the installation, maintenance and repair thereof shall be paid by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor the cost of all such Services excess water and electric current consumed, as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the excess electric current or water so consumed. (c) Upon request by Tenant in accordance with the procedures established by Landlord from time to time for furnishing HVAC service at times other than Business Hours, Landlord shall be an Operating Expense furnish such service to Tenant and Tenant shall pay for such cost services on an hourly basis at the then prevailing rate established for the Building by Landlord. (d) In the event of an interruption in or failure or inability to Landlordprovide any of the services or utilities described in this Section 20 (a "Service Failure"), as Additional Rentsuch Service Failure shall not regardless of its duration, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability of consequential damages or loss of business by Tenant or, except as provided herein, entitle Tenant to an abatement of rent or to terminate this Lease. (1) If any Service Failure not caused by Tenant or its representatives prevents Tenant from reasonably using a material portion of the Premises and Tenant in Paragraph 12 belowfact ceases to use such portion of the Premises, except Tenant shall be entitled to an abatement of Base Rent and additional rent with respect to the portion of the Premises that Tenant's proportionate share Tenant is prevented from using by reason of such Services shall be the percentage obtained by dividing the gross leasable square footage contained Service Failure in the following circumstances: (i) if Landlord fails to commence reasonable efforts to remedy the Service Failure within ten (10) business days following the occurrence of the Service Failure and such failure has persisted and continuously prevented Tenant from using a material portion of the Premises by during that period, the total gross leasable square footage located abatement of rent shall commence on the eleventh business day following the Service Failure and continue until Tenant is no longer so prevented from using such portion of the Premises; and (ii) if the Service Failure in all buildings utilizing events is not remedied within thirty (30) days following the occurrence of the Service Failure and Tenant in fact does not use such Servicesportion of the Premises for an uninterrupted period of thirty (30) days or more by reason of such Service Failure, the abatement of rent shall commence no later than the thirty-first clay following the occurrence of the Service Failure and continue until Tenant is no longer so prevented from using such portion of the Premises. (2) If a Service Failure is caused by Tenant or its representatives. The lack or shortage of any Services due to any cause whatsoever Tenant shall not affect any obligation be entitled to an abatement of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of rent or to terminate this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of any such Service Failure. (3) Notwithstanding Tenant's entitlement to rent abatement under the acts preceding provisions, Tenant shall continue to pay Tenant's then current rent until such time as Landlord and Tenant agree on the amount of the rent abatement. If Landlord and Tenant are unable to agree on the amount of such abatement within ten (10) business days of the date they commence negotiations regarding the abatement, then either party may submit the matter to binding arbitration pursuant to Sections 1280 et seq. of the California Code of Civil Procedure. (4) In addition to the foregoing provisions, if there is a Service Failure not caused by Tenant or negligence its representatives and such Service Failure prevents Tenant from conducting its business in the Premises in the manner in which Tenant intends to conduct such business, and (i) Landlord fails to commence reasonable efforts to remedy the Service Failure within ninety (90) days following the occurrence of the Service Failure, or willful misconduct of Landlord (ii) the Service Failure in all events is not remedied within one (1) year following its occurrence and Tenant in fact does not conduct any business in the Premises for a an uninterrupted period of forty-eight one (481) consecutive hours during year or more, Tenant shall have the right to terminate this Lease Term, then Tenant's Rent payable hereunder shall be equitably abated by written notice delivered to Landlord within ten (10) business days following the event described in clauses (i) or (ii) above giving rise to the extent right to terminate. (5) Where the cause of a Service Failure is within the control of a public utility or other public or quasi-public entity outside Landlord's control, notification to such curtailment utility or suspension of Services interferes with Tenant's use entity of the Premises (as reasonably determined Service Failure and request to remedy the failure shall constitute "reasonable efforts" by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredto remedy the Service Failure.

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but A. Tenant shall pay be responsible for paying for each of the following utilities which are marked (Tenant shall also initial each such marked utility): Electricity (Tenant Initials: ) Natural Gas (Tenant Initials: ) Water (Tenant Initials: ) Other Public Utilities (trash pickup, etc.) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) B. For each utility so marked above, it shall be responsibility of the Tenant to make the arrangements required to put the account in the Tenant’s name. This means that Tenant must put and keep those utilities in Tenant’s name during the entire term of this Lease. This also means that Tenant must make timely payments for those utilities and not allow any of those utilities to become disconnected or taken out of Tenant’s name. Making timely payments means that the Tenant pays utility bills when they are due. A Tenant fails to make timely payments when he/she pays late, makes delinquent payments, or his/her utility accounts become delinquent, suspended, or disconnected due to late payment Failure to make timely payments for tenant-paid utilities is considered a material violation of the lease and may result in Lease Term termination and prior eviction. Allowing Tenant-paid utilities to delinquency all charges become disconnected or taken out of Tenant’s name is considered a material violation of the lease and may result in Lease termination and eviction. If Tenant fails to pay for waterTenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, gasTenant is then responsible for, lightand shall be charged for, heatthe amount of any such costs. If Tenant fails to pay for Tenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, powerTenant is then responsible for, electricityand shall be charged for, telephone the amount of any such costs plus an administration fee of $50.00 (Fifty Dollars). C. Unless marked above as being the Tenant’s responsibility, Authority shall provide and pay for the following utilities: Water/Other Public Utilities. D. Authority is not responsible for the interruption or other communication service, janitorial service, trash pick-up, sewer and all other failure to provide utility services supplied for any cause beyond its direct control. E. Xxxxxx agrees not to excessively consume or consumed on to waste the Premises (collectively utilities provided by the "Services") and all taxes, levies, fees or surcharges thereforAuthority. Excessive consumption may result in an excess utility charge being assessed to the Tenant. Tenant shall arrange be charged and is obligated to pay for Services excessive use of any Authority provided utility when in Authority’s sole determination, the utility consumption for the leased premises is above normal consumption for similar type properties. This charge does not apply to be supplied utilities paid by the Tenant directly to the Premises and shall contract for all a utility supplier. F. Tenant agrees to comply with any applicable law, regulation, or guideline of any governmental entity regulating utilities or fuels. Xxxxxx also agrees to abide by any local ordinance, policies of the Services in Tenant's name Authority or rules of occupancy restricting or prohibiting the use of space heaters or similar devices. G. Authority will provide a cooking range and refrigerator. Other major electrical appliances, air conditioners, freezers, extra refrigerators, dishwashers and similar devises may be installed and operated only with prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any inspection and written approval of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAuthority.

Utilities. Landlord agrees 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 therefortelephone. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services open an account in Tenant's its own name prior to on or before the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Notwithstanding the event that any of the Services cannot be separately billed or metered to the Premisesforegoing, 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 electric and/or natural gas service is not separately metered for the Demised Premises Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, within ten (10) days of Landlord?s invoice thereof, a prorata share of the electricity and/or natural gas charges as measured by the meter servicing the Demised Premises (such prorata share to be calculated based upon the portion of the area served by such meters represented by the Demised Premises). In the event Tenant fails to open an account in its own name with the electric and/or natural gas utility company as of the Commencement Date (or as of the date that the Demised Premises becomes separately metered, if later than the Commencement Date), Tenant shall reimburse Landlord for the utility charges incurred by Landlord in providing service to the Demised Premises prior to the date the accounts have been transferred and shall pay Landlord's administrative fee of seven and one-half (7.5%) percent of the amount so due. Such sums shall be paid by Tenant as additional rent, within ten (10) days of Landlord's invoice therefor. Nothing in the foregoing shall be deemed to relieve Tenant from the obligation to transfer the accounts to its name or to prevent Landlord from terminating the utility service account in its name effective as of the Commencement Date or any date thereafter. (b) The parties hereby acknowledge and agree that the Demised Premises are not separately metered for water or for sprinkler supervisory service. In addition to the additional rent payable under Paragraph 47 below, Tenant shall pay to Landlord, as provided in Paragraph 12 belowadditional rent, except that within ten (10) days of Landlord's invoice therefor, Tenant's proportionate share Proportionate Share of such Services shall be Landlord's cost for water consumed at the percentage obtained by dividing Building and/or Real Property, for sprinkler supervisory service and for sewer charges, if any, assessed or imposed against the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesBuilding and/or Real Property. The lack or shortage of any Services due to any cause whatsoever Tenant 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 use water 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 restoredother than normal lavatory purposes.

Utilities. Landlord agrees to provide, Tenant at its cost, water, electricity sole cost and telephone service connections into the Premises; but Tenant expense shall obtain and promptly 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 installation of facilities and all utility, communication and other services supplied furnished to or consumed on the Premises (collectively the "Services") Property, including, but not limited to, electricity, cable, gas, water, sewer, stormwater, heat, cooling, telephone, janitorial, garbage collection, and all taxescharges related to any of these services, leviesincluding any tap-in, fees connection or surcharges thereforimpact fees. Tenant shall arrange for Services have the right, at its option, to be supplied repair and restore utility service to the Premises and shall contract for all Property as Tenant may deem necessary to reasonably conduct its business on the Property consistent with the permitted use of the Services Land. Landlord shall cooperate with Tenant, at Tenant’s expense, in all applications for utility service; and Landlord agrees to grant to utility providers any easements reasonably required for providing utility services required for 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 ’s use of the Services cannot be separately billed or metered to Land and 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 Project. Tenant shall pay such cost deliver written requests 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 together with a legal description of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderrequested easement, 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 provide sufficient advance notice of the acts or negligence or willful misconduct nature, scope and duration of Landlord any easements required 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 Land and the Project. Landlord will receive and process Tenant's requests for the grant of easements and invoice Tenant for all fees, costs and expenses related thereto in accordance with Landlord’s then-current standards, processes and procedures for such matters. Such easements granted by Landlord shall be non-exclusive. Landlord, at Tenant’s sole cost and expense, shall coordinate with Master Landlord and provide documents in forms acceptable to Landlord. Each easement shall (a) not materially impair the value, functionality, safety or remaining useful life of the USF Campus, any portion thereof, or any improvements, buildings and structures thereon, or materially increase the costs to operate, insure, maintain and repair of the foregoing; (b) be reasonably necessary for the use of the Land and the Project as permitted by this Sublease; (c) not cause any part of the USF Campus, the Land or the Project to fail to comply with the requirements of applicable Laws, Governmental Authorizations or USF rules, regulations or standards; and (d) be permitted by and subject to all recorded easements and other restrictions, encumbrances and agreements affecting the Land. Landlord shall have the right to change the locations of any such easements, as it sees fit in its sole discretion, as long as such changes do not materially impair Tenant) following ’s ability to construct, operation and maintain the Project for the permitted uses hereunder. No such forty-eight (48) hour period until such Services are restoredeasement granted to Tenant hereunder shall extend beyond the Term of this Sublease.

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, which may be arbitrarily withheld, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage or any telecommunications lines and/or conduits in excess of that normally required for office premises. If, with the Landlord's approval, such additional equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord 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 installments in advance simultaneously with the Tenant's payments of Basic Rent. Notwithstanding the foregoing, and whether the Leased Premises are separately metered or not, the Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for its 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 Tenant shall upon the Landlord's request install a separate utility meter or meters in the Leased Premises at the Tenant's expense. In addition to the payments to the Landlord required by this 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 LANDLORD is responsible for providing the following utilities only: . 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 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 nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the Services cannot lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be separately billed responsible for paying for the monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or metered is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease. Tenant is responsible for any cost related to the Premisesinstallation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if Tenant chooses to have phone land line service and/or cable service. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational & properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD'S prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements & additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. XXXXXX agrees to indemnify LANDLORD for any expenses incurred due to the towing of any vehicle belonging to the guest or invitee of TENANT. TENANT agrees that only the following vehicles will be parked on the premises: . major repair to the premises must be made which will necessitate the TENANT'S vacating the premises, LANDLORD may at its option terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need or repair in writing. TENANT agrees that they shall immediately test each smoke detector and shall maintain same. In the event the TENANT is responsible for paying for LP/Propane gas, TENANT shall pay the fees and costs associated with the rental 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 restoredtank.

Utilities. Landlord Sublessor shall bring or shall cause utility lines to be brought to the ----- Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone, gas and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's and, if necessary, PDA's prior written approval of Sublessee's plans and specifications therefor, which approval shall not be unreasonably withheld. Such approval shall be deemed granted if the Sublessor shall not respond within 15 days of receipt of Sublessee's written request therefor and shall fail again to respond 10 days after receipt of Xxxxxxxxx'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, including but not limited to offsite sewer improvement charges allocable to the Subleased Premises to be charged by the City of Portsmouth under the Primary Lease including but not limited to Sublessee's share of the costs described in the 30 <PAGE> last sentence of Section 14.5 of the Primary Sublease. PDA under the Primary Sublease also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that PDA in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with PDA and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. PDA under the Primary Sublease, at its 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 Premises; but Tenant shall 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 during the Lease Term and prior to delinquency all charges for waterthe above enumerated utilities supplied by Sublessor, gaspublic utility or public authority, lightor any other person, heat, power, electricity, telephone firm 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 corporation which are separately metered to the Premises and Subleased Premises. PDA under the Primary Sublease, shall contract for all have the option to supply any of the Services in Tenant's name prior above-enumerated utilities to the Commencement DateSubleased Premises. The Commencement Date 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 delayed by reason in excess of any failure by Tenant the public utility rates for the same service, if applicable, to other aviation tenants at the Airport. If PDA so contract for Services. In the event that 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 cannot be separately billed or metered to the Premises, or if any method of the Services are not separately metered as of the Commencement Date, the cost furnishing of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutilities.

Utilities. Landlord agrees to provide, at its costSubtenant acknowledges that Sublandlord directly contracts for HVAC, water, electricity and telephone service connections into gas to the Building (collectively, “Sublandlord Utilities”). Subtenant shall have the right to use Subtenant’s Share of the Sublandlord Utilities; provided Sublandlord shall not be responsible for providing any other services or utilities to the Subleased Premises; but Tenant , including, without limitation, internet or other telecommunications services. Subtenant shall pay during Sublandlord for the Lease Term and prior Sublandlord Utilities pursuant to delinquency all charges Section 5. Sublandlord shall not be responsible or liable in any way for waterany failure or interruption, gasfor any reason whatsoever, lightof the services, heat, power, electricity, telephone utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to facilities that may or consumed on the Premises (collectively the "Services") and all taxes, levies, fees should be appurtenant or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises Subleased Premises, including, without limitation, the Sublandlord Utilities, and shall contract for no such failure will in any way excuse Subtenant’s performance under this Sublease, constitute a constructive eviction, or entitle Subtenant to any abatement of Rent (except as expressly provided in this Section 13). Notwithstanding the foregoing, if all or a material portion of the Services Subleased Premises is made untenantable or inaccessible for more than five (5) consecutive business days after notice from Subtenant to Sublandlord due to an interruption in Tenant's name prior Sublandlord Utilities that (a) does not result from a fire or other casualty event (which is governed by Section 11 of the Master Lease), a condemnation event (which is governed by Section 13 of the Master Lease), Force Majeure (as defined in the Master Lease), or from the acts or omissions of Subtenant, and (b) can be corrected through Sublandlord’s reasonable efforts, then, as Subtenant’s sole remedy, Base Rent shall be abated for the period beginning on the day immediately following such five (5) business day period and ending on the day such interruption to the Commencement DateSublandlord Utilities ends, but only in proportion to the percentage of the rentable square footage of the Subleased Premises made untenantable or inaccessible and not occupied by Subtenant. The Commencement Date Subtenant shall not pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be delayed required to pay to Master Landlord or any service provider arising out of excess consumption by reason Subtenant or a request by Subtenant for additional building services. Sublandlord (i) may, at its sole discretion, install sub- or check-meters to measure Subtenant’s actual consumption of electricity, and (ii) if Sublandlord reasonably determines that Subtenant is using more than Subtenant’s Share of any failure by Tenant Sublandlord Utilities, Sublandlord may, at Subtenant’s cost, install additional sub- or check-meters to so contract for Services. In the event that any measure Subtenant’s actual consumption of the Services cannot be separately billed or metered such Sublandlord Utilities, and, in either case, Subtenant shall thereafter pay to the PremisesSublandlord, or if any of the Services are not separately metered as of the Commencement DateRent, the actual, metered cost of such Services shall be an Operating Expense and Tenant shall pay such Sublandlord Utilities (at the cost to Landlordcharged by the applicable utility provider), 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 same manner as required by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredSection 5.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall obtain and pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone or sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees or surcharges thereforsurcharges, maintenance charges, and similar charges pertaining to Tenant’s use of the Premises. Tenant shall arrange for Services heat the Premises as necessary to be supplied prevent any freeze damage to the Premises and or any portion. Tenant’s use of electric current shall contract for all at no time exceed the capacity of the Services in Tenant's name prior feeders or lines to the Commencement DateBuilding or the risers or wiring installation of the Building or the Premises. The Commencement Date Landlord may, at Tenant’s expense, separately meter and xxxx Tenant directly for its use of any such utility service, in which case the amount separately billed to Tenant for Building standard utility service shall not be delayed duplicated in Tenant’s obligation to pay Additional Rent under Section 2.3. Landlord shall not be liable for any interruption or failure of utility service to the Premises, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of any interruption or failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed utilities or metered other services to the Premises. Any interruption or failure in any utility or service shall not be construed as an eviction, constructive or actual of Tenant or as a breach of the implied warranty of suitability, and shall not relieve Tenant from the obligation to perform any covenant or agreement under this Lease. In no event shall Landlord be liable for damage to persons or property, including, without limitation, business interruption, damages, or if any of the Services are not separately metered as of the Commencement Dateshall Landlord be in default under this Lease, 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 any such interruption 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 failure. All amounts due from Tenant under this Section 8 shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises payable within ten (as reasonably determined by Landlord and Tenant10) following such forty-eight (48) hour period until such Services are restoreddays after Landlord’s request for payment.

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

Utilities. Landlord a. TENANT shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by TENANT at or upon the Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all permits, licenses or authorizations necessary in connection therewith. Such payments by TENANT shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, plus reasonable capital and administrative recovery costs. If TENANT is allowed by LANDLORD to encroach over areas reserved for installation and operation of utilities, then TENANT shall bear all responsibility for restoration of TENANT’s own property in case of repairs by the LANDLORD or the utility owner. b. The TENANT agrees to provideindemnify and hold LANDLORD harmless, at in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its costsuppliers, waterand LANDLORD further reserves the right to temporarily terminate the supply, electricity or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and telephone service connections into safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises; but Tenant , and to comply with all provisions for maintaining such utilities. d. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term greatest extent possible, any unreasonable interference or interruption to TENANT’S operations. e. TENANT shall design and install all utilities used by TENANT subject to the express approval of the LANDLORD prior to delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 17 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract become the owned property of LANDLORD. f. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. TENANT shall take all reasonable precautions to prevent the discharge of material into any failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot TENANT’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LANDLORD upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLANDLORD’S request.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency contract directly with public utility providers for 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 utilities which are separately metered to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Datepay such utility providers directly and promptly when due. The Commencement Date shall If any utility is not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services utility consumed on the Premises, as reasonably determined by Landlord, shall be an paid by Tenant as a part of Operating Expense and Tenant shall Expenses. Tenant’s obligation to pay such cost to Landlord, as Additional Rent, as for utilities 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 during the Term shall survive the expiration or earlier termination of the Lease. Tenant shall not utilize an alternative provider for a utility service other than the public utility provider servicing the Property unless Tenant shall first obtain the written consent of Landlord. Landlord shall not be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interruption, or defect in the supply or character of the electric energy furnished to the Premises or Building by the applicable utility provider. To ensure the proper functioning and protection of all utilities, Tenant agrees to abide by all reasonable regulations and requirements which Landlord may prescribe and to allow Landlord and its utility providers’ access to all electric lines, feeders, risers, and wiring within the Premises. Notwithstanding the provisions of this Section 16, in the event the Building experiences an interruption of electrical, telephone, HVAC or water service, which in any such case prevents Tenant from utilizing the Premises (or portion thereof) to conduct its business (a “Service Failure”) which Service Failure is due to Landlord’s actions (i.e. not as a result of the acts or negligence or willful misconduct inability of Landlord for to obtain the applicable utility service through no fault of Landlord (a period “Controllable Service Failure”), Landlord shall commence and diligently pursue the curative action within a commercially reasonable amount of forty-eight time after written notice from Tenant of a Controllable Service Failure. Notwithstanding the foregoing, if Tenant does not conduct business in the Premises (48or portion thereof) consecutive hours during the Lease Termas a result of a Controllable Service Failure, then Tenant's Rent payable hereunder Tenant shall be equitably abated entitled to an equitable abatement of Rent (in proportion to the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises subject to the Service Failure) with respect to a Controllable Service Failure commencing with the [***] (as reasonably determined by [***]) consecutive business day after Tenant’s notice to Landlord and Tenant) following such forty-eight (48) hour period of the Controllable Service Failure until such Services time as the services are restoredrestored and/or the applicable repair is made, as the case may be.

Utilities. Landlord agrees to provide(a) Subtenant shall pay for all utilities, at its costincluding electricity, gas, water, electricity and telephone service connections into furnished to the Premises; but Tenant Sub-Sublease Premises as set forth herein. So long as utilities are billed by the Sublandlord or Master Landlord, directly or indirectly, to Sublandlord and, in turn, to the Sub-Sublandlord based upon the consumption measured to the Sublease Premises subject to the XxXxxx-Xxxxxx Sublease, and so long as the square footage of the Sublease Premises and the Sub-Sublease Premises remain unchanged, Subtenant shall pay during the Lease Term and prior to delinquency all charges Sub-Sublandlord for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all such utilities 49.58% of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed amount paid by reason of any failure by Tenant to so contract for ServicesSub-Sublandlord. In the event that any the square footage of either the Sublease Premises or the Sub-Sublease Premises changes, this percentage shall change proportionately. (b) Sub-Sublandlord shall supply Subtenant with electricity to the Sub-Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of the Services cannot Master Lease; provided however, that Sub-Sublandlord shall have no liability for failure to deliver electricity to Subtenant unless such failure is due to Sub-Sublandlord’s intentional act. If Subtenant shall desire any change or increase in the nature or any such utility services, Sub-Sublandlord’s sole obligation shall be separately billed to use reasonable efforts to cause the Master Landlord to provide such changes in such utility services requested by Subtenant, and Subtenant, shall, on demand, pay or metered reimburse Sub-Sublandlord for all reasonable costs, charges or expenses incurred by Sub-Sublandlord in causing Master Landlord to provide such services and in the cost for providing such services. Sub-Sublandlord shall have no obligation to alter existing lines or equipment providing distribution of electricity throughout the Sub-Sublease Premises. Subtenant shall be solely responsible for any alterations to the Premises, existing lines or if any of equipment made necessary by Subtenant’s alterations to the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Sub-Sublease Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services otherwise required due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's Subtenant’s particular use of the Sub-Sublease Premises; provided however, that any such alterations shall be subject to the prior approval of Sub-Sublandlord, Sublandlord and Master Landlord in accordance with Paragraph 9 below. (c) The term Sub-Sublease Premises (as reasonably determined by Landlord used in this Article 4A shall refer to both the Original Sub-Sublease Premises and Tenant) following such fortythe Additional Sub-eight (48) hour period until such Services are restoredSublease Premises.”

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during be solely responsible for paying the Lease Term cost of all utilities, including, but not limited to, sewer use and prior to delinquency all charges for connection fees, water, gas, light, heat, power, electricity, telephone or telephone, and other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on utilities (the Premises (collectively the "Services"“Utilities”) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied provided to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered separately to Tenant. If the Premises, or if any of the Services Utilities are not separately metered as billed to Tenant, Tenant shall pay to Landlord within fifteen (15) days after receiving a xxxx from Landlord the Tenant’s Proportionate Share of the Commencement Date, the cost of Utilities. In determining Tenant’s Proportionate Share of the cost of Utilities attributable to Tenant’s use during any period of time, if during any period within such Services year less than ninety-five percent (95%) of the Project’s rentable area shall have been occupied by tenants, then with respect to such period, any portion of the Utilities which vary with the occupancy percentage of the Building and/or Project, if any, shall be proportionately increased to an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence amount equal to the contrary notwithstandingUtilities that would have been incurred had the occupancy of the Building been ninety-five percent (95%) throughout such portion of the year. In its reasonable discretion, Landlord agrees that if Services are curtailed or suspended may adjust “Tenant’s Proportionate Share” to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's reflect extraordinary use of the Premises by Tenant, which use requires greater use of any Utilities. Extraordinary use shall include, but not be limited to, use beyond normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday; 7:00 a.m. to 12:00 p.m. on Saturdays, excluding any national holidays, and uses beyond those uses set forth in this Lease. (as reasonably determined b) Failure by Landlord to furnish any Utilities, or any cessation thereof, which result from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. If any of the equipment or machinery utilized in supplying services and Tenant) following Utilities breaks down, or ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. Tenant shall have no right to terminate this Lease, and shall have no claim for rebate of rent or damages, on account of any interruptions in services or utilities occasioned thereby or resulting therefrom except to the extent arising out of Landlord’s failure to use reasonable diligence to cause such forty-eight (48) hour period until such Services are restoredrepairs to be made.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (A) Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, lightelectricity, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer services and all any other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Premises Premises. Except to the extent Landlord elects to provide any such services and invoice Tenant for the cost or include the cost in Operating Expenses, Tenant shall obtain service in its own name and timely pay all charges directly to the provider. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises. Any wiring, cabling or other equipment necessary to connect Tenant's telecommunications equipment shall be Tenant's responsibility, and shall contract for all be installed in a manner approved by Landlord. For those utilities which are not sub metered or separately metered, in the event Tenant's consumption of any such utility or other service included in Operating Expenses is excessive when compared with other occupants of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Property, Landlord may invoice Tenant separately for, and Tenant shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Datepay on demand, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderexcessive consumption, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord. Landlord shall provide information supporting such determination to Tenant. (B) Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Notwithstanding any thing to the contrary in this Lease, if Tenant is prevented from receiving electricity, heat, natural gas, air conditioning, water, sewer or septic service or any other service or utility that Tenant is entitled to receive under this Lease, and Tenantsuch interruption (i) following is due to a cause within Landlord's control, (ii) continues for in excess of five (5) consecutive business days, and (iii) renders the Premises untenantable (in whole or in material part) or makes it impracticable for Tenant to conduct its business in the Premises, then Tenant may give written notice to Landlord that the Premises are untenantable or that Tenant cannot practically conduct its business as a result thereof, and Annual Minimum Rent and Operating Expenses and other charges shall xxxxx commencing on the day of such fortynotice (and, if less than all of the Premises are affected by such interruption, such abatement shall be pro-eight (48rated according to the area so affected) hour period until such Services time as such services or utilities are restored. The provisions of this paragraph shall not apply to repairs or changes to the extent that such payments are abated under other provisions of this Lease.

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

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity and telephone service connections into pay directly to the appropriate utility company all charges for utility services supplied to Tenant or the Premises; but Tenant shall pay during if the Lease Term and prior East Tower is not separately metered from the balance of the Project, Landlord shall, subject to delinquency all charges for waterthe limitations set forth below in this Article 6, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on cause the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services same to be supplied so separately metered at Landlord's sole cost and expense. Notwithstanding anything to the contrary herein, subject to the limitations set forth below in this Article 6, Tenant may, at Tenant's option, obtain electrical service to the Premises and shall contract for all of the Services in Tenant's name from a private source. At least six (6) months prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any expiration of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due Term with respect to any cause whatsoever shall not affect any obligation portion of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of Tenant's election to extend the acts Term for the Renewal Term, New Lease Option Term or New Lease Renewal Term for less than the entire East Tower, Landlord shall cause any portion of the Premises which will not be subject to this Lease during the applicable renewal term to be separately metered on a floor-by-floor basis, separate and apart from the Premises which will be subject to this Lease during such renewal term. Landlord shall not be liable in damages for any failure or interruption of any utility or service, and no failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or discontinue making payments of Monthly Rental or Additional Rental, unless such failure or interruption is caused by the negligence or willful intentional misconduct of Landlord for a period of forty-eight Landlord. Notwithstanding anything stated to the contrary above in this Article 6, (48a) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant elects to obtain electrical service for the Premises from a private source, it must do so at Tenant's use sole cost and expense, and (b) Tenant's obtaining electrical service from a private source is expressly conditioned upon the same not (i) materially and adversely impairing or interfering with the operation of the Premises East Tower or the West Tower (it being acknowledged and agreed that any work by Tenant to accomplish obtaining electrical service from a private source may involve temporary interruption of service), or (ii) imposing any material cost or expense on Landlord, including, without limitation, any cost or expense not borne by Tenant hereunder arising from the need to separately meter any of the space in the East Tower not being leased by Tenant. If Tenant fails to pay when due any charges referred to in this Article 6, Landlord may pay the charge and Tenant shall reimburse Landlord, as reasonably determined Additional Rental, for any amount so paid by Landlord and within ten (10) days after Tenant) following such forty-eight (48) hour period until such Services are restored's receipt of written demand therefor.

Utilities. During the Term, Tenant shall promptly pay as billed to Tenant all rents and charges for water and sewer services and all costs and charges for gas, steam, electricity, fuel, light, power, telephone, heat and any other utility or service used or consumed in or servicing the Demised Premises and all other costs and expenses involved in the care, management and use thereof as charged by the applicable utility companies. All such utilities, except for sewer and water, shall be separately metered and billed to Tenant, and Tenant shall establish an account with the utility provider with respect to each such separately metered utility. Sewer and water shall not be separately metered, and shall be billed to Tenant by Landlord, at Landlord's actual cost, as part of Operating Expenses. Tenant's obligation for payment of all utilities shall commence on the earlier of the Lease Commencement Date or the date of Tenant's actual occupancy of all or any portion of the Demised Premises, including any period of occupancy prior to the Lease Commencement Date, regardless of whether or not Tenant conducts business operations during such period of occupancy. In the event Tenant's use of any utility not separately metered is in excess of the average use by other tenants, Landlord agrees shall have the right to provideinstall a meter for such utility, at Tenant's expense, and xxxx Tenant for Tenant's actual use. If Tenant fails to pay any utility bills or charges, Landlord may, at its costoption and upon reasonable notice to Tenant, waterpay the same and in such event, electricity and telephone service connections into the Premises; but amount of such payment, together with interest thereon at the Interest Rate as defined in Section 32 from the date of such payment by Landlord, will be added to Tenant's next payment due as Additional Rent. Notwithstanding anything to the contrary contained in this Lease, if Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on cannot reasonably use the Premises (collectively for the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed Permitted Use solely by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered interruption in utility services to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Demised Premises as a result of the acts act or negligence of Landlord, its employees, agents or willful misconduct of Landlord contractors (and Tenant does not in fact use the Premises) and such condition exists for a period of forty-eight four (484) consecutive hours during the Lease Termbusiness days, then Tenant's Base Rent payable hereunder shall be equitably abated abated, on a per diem basis, for that portion of the Demised Premises that Tenant is unable to use for the Permitted Use until such service is restored to the extent such curtailment Premises. Tenant shall not, however, be entitled to any abatement of Base Rent if the interruption or suspension abatement in service is the result of Services interferes with Tenant's use any cause whatsoever other than the act or negligence of Landlord, its employees, agents or contractors. By way of example only, there shall be no abatement of Base Rent if Landlord is unable to furnish water to the Demised Premises (as reasonably determined if no water is then being made available to the Building by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe supplying utility company or municipality.