Common use of Utility Charges Clause in Contracts

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closingsuch date. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’s consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property service pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingexhibit.

Utility Charges. GasTenant shall pay or cause to be paid when due all Utility Charges. Tenant shall also pay or reimburse Landlord for all costs and expenses of any kind whatsoever that at any time during the Term hereof, steamwith respect to any Demised Premises, electricity may be imposed against Landlord by reason of any of the Encumbrances (except as expressly provided to the contrary herein, including any and other public utility charges all costs and expenses associated with any utility, drainage and parking easements). Tenant will not enter into any agreements or consent to any transaction or instruments that will encumber the Demised Premises (except for permitted Subleases on the terms and conditions herein) or the Property or any that will affect the Demised Premises or the Property after the expiration of the Term. In the event of any termination of this Master Lease with respect to any Terminated Space (other than any such charges which are payable by Tenants as a result of the Property pursuant an Event of Default), Tenant’s obligation for new Utility Charges shall cease as to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter Utility Charges applicable to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx Terminated Space which shall be rendered which shall cover a period both before first accrue from and after the date of Closing termination; provided, that from and after termination, Tenant shall pay for all Utility Charges with respect to the Tenant Retained Space pursuant to a separate meter to be apportioned between installed by Landlord at its expense (and, until installation of a separate meter is complete, Tenant shall pay all Utility Charges with respect to the Buyer Retained Space in accordance with Landlord’s and the Sellers as Tenant’s reasonable allocation of the ClosingUtility Charges as determined then in good faith based on the most current Utility bills available with respect to Tenant’s usage in the applicable Demised Premises) and all accessory lines and equipment which may be required (if any) to be installed by Landlord at its expense.

Utility Charges. Gas, steam, electricity (a) From and other public utility charges (other than any such charges which are payable by Tenants after the earlier to occur of the Property pursuant to such Tenants’ LeasesLab Space Rent Commencement Date or the Office Space Rent Commencement Date, for which no adjustment will Tenant shall pay, as Additional Rent, the cost of all electricity, gas, water and all other utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be made) will separately metered and said costs shall be paid directly by the Sellers Tenant to the utility company prior providing the same or if the cost is not directly payable to the Closing Date utility companies supplying utilities or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall be paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all public utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for corporation supplying such service to be placed the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in the Buyer’s name after Closing. If a xxxx is obtained from whole or in part, or entitle Tenant to any such utility company as of the Closing, the Sellers shall pay such xxxx on abatement or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.diminution

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the applicable Closing Date and by the Buyer from and after the applicable Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the applicable Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the applicable Closing and commencement of the Buyer’s responsibilities therefor from and after the applicable Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after applicable Closing. If a xxxx is obtained from any such utility company as of the applicable Closing, the Sellers shall pay such xxxx on or before the applicable Closing. If such xxxx shall not have been obtained on or before the applicable Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the applicable Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of applicable Closing shall be apportioned between the Buyer and the Sellers as of the applicable Closing.

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property ervice pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Dateexhibit. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.Impossible Kicks/Westfarms/03/03/23 S18 COMMON AREA CHARGE

Utility Charges. GasA. Tenant shall pay all rents and charges for water, sewer, electricity, gas, heat, steam, electricity hot and/or chilled water, air-conditioning, ventilating, telephone service and other public utility charges utilities directly supplied to the Premises, and separately metered or submetered (other than the "Utility Charges"), when the same become due. If any such charges utilities are not separately metered or submetered, then in addition to Tenant's payments of separately metered charges, Tenant shall pay to Landlord on, at Landlord's option, either the first day of each calendar month or within ten (10) days after receipt of a bill xxxrefor, Tenant's proportionate share of such Utility Charges which are payable shall be calculated as follows: the Utility Charges for such utilities shall be multiplied by Tenants a fraction, the numerator of which shall be the Floor Space of the Property pursuant to Premises and the denominator of which shall be the total Floor Space occupied by tenants in the Store Space using such Tenants’ Leasesutilities. Landlord may, for which no adjustment will be made) will be paid by the Sellers to at any time, install submeters in connection with any or all the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities services furnished to the Property as Premises and thereupon collect all or any part of the date of the Closing and commencement of the Buyer’s responsibilities therefor Utility Charges directly from and after the Closing. The Buyer shall arrange for Tenant provided that such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility therefor for the same services. Landlord, in its sole discretion, shall have been obtained on or before the Closingright, the Sellers shallat all times, upon receipt of such xxxx, pay to alter any and all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closingutilities, and the Buyer shall pay all equipment relating thereto, serving the Building or any portion thereof, provided such alteration by Landlord does not result in a diminution or interruption (except a pre-announced brief interruption) of the utility charges pertaining service to the period thereafterPremises. Any xxxx which Tenant shall execute and deliver to Landlord without delay such documentation as may be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingrequired to effect such alteration.

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of ~ch calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property service pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.exhibit

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property any Tenant pursuant to such Tenants’ the Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of any Tenant under the Property pursuant to such Tenants’ Leases directly to such utility companyLeases. The Sellers To the extent necessary, 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 Sellers’ Seller’s responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility 28 charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. GasAt all times during the term of this Lease, steamLessee, electricity in addition to the Rent payments required hereunder, shall pay the charges for the costs of all such utilities used and other public utility charges (other than consumed by the Lessee in the Premises. Lessee agrees that Lessor shall not be liable for failure to make available any such charges which are payable necessary utilities, including water, gas, electrical current, and adequate pressure in adequate amounts in the Lessee’s Premises or in the common areas, during any period when Lessor uses reasonable diligence to make available such services. It is understood that Lessor reserves the right to temporarily discontinue such services, or any of them, at such times as may be necessary by Tenants reason of accident, unavailability of employees, repairs, alterations or improvements, or whenever by reason of strikes, walkouts, riots, acts of God, or any other happenings beyond the control of the Property pursuant Lessor, Lessor is unable to make available such Tenants’ Leasesservices; and Lessor shall not be liable for damages to person or property because of any such discontinuances, nor shall such discontinuance in any way be construed as an eviction of the Lessee or cause an abatement of rent or operate to release the Lessee from any of the Lessee’s obligations hereunder. As to any such services that are not separately metered to the Premises and billed directly to Lessee and for which no adjustment will be made) will be paid by the Sellers Lessor is billed or for which payment to the utility company prior provider is past due and payment of Rent as herein provided shall remain unpaid for more than fifteen (15) days after it shall become due, Lessee further agrees that Lessor may, without notice to Lessee, discontinue furnishing the Closing Date and by above mentioned services, or any of them until all arrears of Rent shall have been paid in full together with the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility past due amount for such charges services; and Lessor shall not be liable for utilities furnished any damages to the Property any person or property for any such discontinuance, nor shall such discontinuance in any way be construed as an eviction of the date Lessee or cause an abatement of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service Rent to be placed in the Buyer’s name after Closing. If a xxxx is obtained operate to release Lessee from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the ClosingLessee’s obligations hereunder.

Utility Charges. GasPrepaid water, steam, electricity sewer and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers allocable to the utility company prior to the Closing Date and by the Buyer period from and after the Closing Date. The Sellers Date (if any) shall use commercially reasonable efforts be credited to arrange for a final reading of all utility meters (covering gasSeller, and any accrued and unpaid water, steam sewer, and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such other utility charges as evidenced by such xxxx or bills pertaining allocable to the period prior to the Closing, and Closing Date shall be credited to Purchaser. If any of the Buyer shall pay all such foregoing utility charges pertaining are subject to a meter, then pro- ration at the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between based on the Buyer and last available reading or an estimate of the Sellers amount due at Closing, subject to the adjustment after the Closing, when the next reading is available. Seller shall arrange for meter readings of all utilities within thirty (30) days of the Closing. Seller will reasonably cooperate with Purchaser in transferring all utility accounts, if any. The provisions of this sub-paragraph 9(c) shall survive Closing. The foregoing pro-rations shall be made as of the ClosingClosing Date based on the best information and estimates available to the parties at the time. Such pro-rations shall be considered final and binding for all purposes absent material mistake of fact. If any of the pro-rations described in this Section 9 cannot be calculated accurately on the Closing Date, then the same shall be calculated as soon as reasonably possible thereafter and either party owing the other party a sum of money based on such subsequent pro-rations shall promptly pay said sum to the other party. A final closing adjustment shall be made by Purchaser and Seller within thirty (30) days after the necessary information is available to the parties, and to the extent that any additional payment or repayment is indicated by the final adjustment, the payment or repayment shall be made within thirty (30) days after the final adjustment is made. If a dispute shall arise between Purchaser and Seller regarding the final closing adjustments and the parties are unable to resolve the same, the matter shall be referred to arbitration and the determination of such arbitrator shall be final and binding upon the parties. The fees and expenses shall be borne by the parties equally.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property Units pursuant to such Tenants’ Leases, for which no adjustment will be madetenants' leases) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property Units pursuant to such Tenants’ Leases directly to such utility companytenants' leases. The Sellers At the Closing, Seller and the Buyer Purchaser shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller's responsibility for such charges for utilities furnished to the Property Units as of the date of the Closing and commencement of the Buyer’s Purchaser's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is bill xx obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on bill xx or before the Closing. If such xxxx shall bill xxxll not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxxbill, pay xxy all such utility charges as evidenced by such xxxx or bill xx bills pertaining to the period prior to the Closing, and the Buyer Purchaser shall pay all such utility charges pertaining to the period thereafter. Any xxxx which bill xxxch shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer Purchaser and the Sellers Seller as of the Closing.

Utility Charges. GasTenant shall pay or cause to be paid when due all Utility Charges. Tenant shall also pay or reimburse Landlord for all costs and expenses of any kind whatsoever that at any time during the Term hereof, steamwith respect to any Demised Premises, electricity may be imposed against Landlord by reason of any of the Encumbrances (except as expressly provided to the contrary herein, including any and other public utility charges all costs and expenses associated with any utility, drainage and parking easements). Tenant will not enter into any agreements or consent to any transaction or instruments that will encumber the Demised Premises (except for permitted Subleases on the terms and conditions herein) or the Property or any that will affect the Demised Premises or the Property after the expiration of the Term. In the event of any termination of this Master Lease with respect to any Terminated Space (other than any such charges which are payable by Tenants as a result of the Property pursuant an Event of Default), Tenant’s obligation for new Utility Charges shall cease as to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter Utility Charges applicable to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx Terminated Space which shall be rendered which shall cover a period both before first accrue from and after the date of Closing termination; provided, that from and after termination, Tenant shall pay for all Utility Charges with respect to the Tenant Retained Space pursuant to a separate meter to be apportioned between installed by Landlord at its expense (and, until installation of a separate meter is complete, Tenant shall pay all Utility Charges with respect to the Buyer Retained Space in accordance with Landlord’s and the Sellers as Tenant’s reasonable allocation of the ClosingUtility Charges as determined then in good faith based on the most current utility bills available with respect to Tenant’s usage in the applicable Demised Premises) and all accessory lines and equipment which may be required (if any) to be installed by Landlord at its expense.

Utility Charges. GasLessee shall pay promptly, as and when the same become due and payable, all water rents, rates and charges, all sewer rents and all charges for electricity, gas heat, steam, electricity hot and/or chilled water, air conditioning, ventilating, lighting systems, and other public utility utilities supplied to the Demised Premises, and any sewer fees, assessments, capacity charges, tap fees, and hook up charges (other than for the Shopping Center. If any such utilities or charges which are payable by Tenants not separately metered or assessed or are only partially separated metered or assessed and are used in common with other tenants in the Shopping Center, Lessee will pay to Lessor a proportionate share of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished used in common based on square footage of floor space leased to the Property as each lessee using such common facilities, in addition to Lessee's payments of the date of the Closing separately metered charges. Lessor may install re-registering meters and commencement of the Buyer’s responsibilities therefor from collect any and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced aforesaid from Lessee, making returns to the proper public utility company or governmental unit, provided that Lessee shall not be charged more than the rates it would be charged for the same services if furnished direct to the Demised Premises by such xxxx companies or bills pertaining governmental units. At the option of Lessor, any utility or related service which Lessor may at any time elect to provide to the period prior Demised Premises may be furnished by Lessor or any agent employed by or independent contractor selected by Lessor, and Lessee shall accept the same therefrom to the Closingexclusion of all other suppliers so long as the rates charged by the Lessor or by the supplier of such utility or related service are competitive. If utilities are metered, but an accurate meter reading is not possible, Lessee shall pay pursuant to the formula based on square footage. Lessor shall have no liability to Lessee for disruption of any utility service, and the Buyer in no event shall pay all such utility charges pertaining disruption constitute constructive eviction or entitle Lessee to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date an abatement of Closing shall be apportioned between the Buyer and the Sellers as of the Closingrents or other charges.

Utility Charges. Gas, steam, electricity and other public utility 18.01. Tenant shall pay all charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters or sub-meters relating to Tenant’s use, and electricity) as any cost of repair, maintenance, replacement, and the reasonable and actual costs of reading of any meters measuring Tenant’s consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the ClosingBuilding, except meters the charges Tenant shall pay to Landlord on demand Tenant’s proportionate share of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities and/or services, which, except as provided below, shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. If Landlord is permitted by law to provide electric energy to the Demised Premises by re-registering meters or otherwise and to collect any charges for electric energy, Landlord shall have the right to do so, in which event Tenant shall pay to Landlord upon receipt of bills therefor for electric energy provided the rates for such electric energy shall not be more than the rates Tenant would be charged for electric energy if furnished directly to Tenant by the public utility which would otherwise have furnished electric energy. In the event Landlord determines that Tenant’s utilization of any such service exceeds the fraction referred to above, Tenant’s proportionate share with respect to such service shall, at Landlord’s option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant’s utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. Expenses incurred by Landlord for meter reading, if any, shall be included in Operating Expenses. In the event any other tenant or occupant of the Building, uses a disproportionate amount of any utility furnished to the Property as of the date of the Closing and commencement of the BuyerBuilding which is not separately metered or sub-metered (e.g., water), Tenant’s responsibilities therefor from and after the Closing. The Buyer shall arrange for proportionate share with respect to such service to be placed in shall mean the Buyer’s name after Closing. If a xxxx is obtained from percentage of any such utility company service which Landlord reasonably estimates as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the ClosingTenant’s proportionate utilization thereof.

Utility Charges. Gas(a) Tenant shall pay all rents and charges for water, sewer, electricity, gas, heat, steam, electricity hot and/or chilled water, air-conditioning, ventilating, telephone service and other public utilities supplied to the Premises, however supplied (the “Utility Charges”), when the same become due and shall pay any fees associate with establishing such services in Tenant’s name. If any such utilities are not separately metered, then in addition to Tenant’s payments of separately metered charges, Tenant shall pay to Landlord, at Landlord’s option, either on the first day of each calendar month or within ten (10) days after receipt of a bill therefor, the following (“Utility Rent”): Tenant’s proportionate share of such Utility Charges which shall be calculated as follows: the Utility Charges for such utilities plus Landlord’s reasonable administrative costs shall be multiplied by a fraction, the numerator of which shall be the Floor Space of the Main Floor Areas and the denominator of which shall be the total Floor Space of tenants using such utilities. It is anticipated that Landlord, at Tenant’s cost, will install submeters for and in connection with the utility charges services furnished to the Premises (other than utilities related to the HVAC system serving the Premises, which Landlord anticipates will not be separately metered; but Landlord reserves the right to separately meter such utilities related to the HVAC, at Tenant’s cost)) and thereupon Landlord may collect all or any such charges which are payable by Tenants part of the Property pursuant to Utility Charges (plus a 5% administrative fee) directly from Tenant provided that such Tenants’ Leases, for which no adjustment will Utility Charges shall not exceed the rates Tenant would be made) will be paid charged if billed directly by the Sellers local utility therefor for the same services. Landlord, in its sole discretion, shall have the right, at all times, to the utility company prior to the Closing Date alter any and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closingutilities, and the Buyer shall pay all equipment relating thereto, serving the Mixed Use Project or any portion thereof, provided such alteration by Landlord does not result in a diminution of the utility charges pertaining service to the period thereafterPremises. Any xxxx which Tenant shall execute and deliver to Landlord without delay such documentation as may be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingrequired to effect such alteration.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenants’ tenants' Space Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property pursuant to such Tenants’ Leases directly to such utility companytenants' Space Leases. The Sellers Sellers' and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ ' responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s 's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenantstenants’ Space Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property pursuant to such Tenantstenants’ Leases directly to such utility companySpace Leases. The Sellers To the extent necessary, Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller’s responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. GasIn substitution for the text of paragraphs (a) through (g) of Section 12.01, steamthe following provisions shall apply: Tenant shall be solely responsible for and shall promptly pay all charges for water, electricity gas, heat, electricity, sewer and any other utility used upon or furnished to the leased premises. Tenant shall contract directly with and shall be solely responsible to the public utility companies for the installation of service and the payment of all charges (other than any for Tenant's usage of such charges utility services. Landlord shall have the right, at its sole option, to supply electricity to the leased premises in which are payable by Tenants event the minimum rent reserved under this Lease will be increased for the period that Landlord so supplies such electricity to include the increase in the fair and reasonable rental value of the Property pursuant leased premises due to the supplying of such Tenants’ Leaseselectricity in accordance with the numbered paragraphs set forth below. If Landlord shall elect to supply any of 'the foregoing other utilities used upon or furnished to the leased premises, Tenant agrees to purchase and pay for same as additional rent, within ~ days of the presentation by Landlord to Tenant of bills therefor, at the rates which no adjustment will would be made) will applicable to Tenant as a direct customer of the public utility company, as such rates are filed by the utility company serving the area with the proper regulating authority and in effect from time to time covering such services. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the Sellers first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time. by notice to Tenant. If the total of the estimated monthly payments made by Tenant shall be less for any lease year or calendar year than the actual amount due from Tenant pursuant to the utility company prior provisions of this Section, Tenant shall pay to Landlord the Closing Date difference between the amount paid by Tenant and the actual amount due within ~~(4~) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the Buyer actual amount due from and after Tenant, the Closing Dateexcess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. The Sellers shall use commercially reasonable efforts obligation of Tenant to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility pay for such charges for utilities furnished to the Property shall commence as of the date on which possession of the Closing and premises is delivered to Tenant, without regard to any free rent period or formal commencement date of this Lease. Prior to the commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as term of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.this Lease,

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.1 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.1 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property service pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingexhibit.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants the direct responsibility of the tenants of the Property pursuant to such Tenants’ Leasesthe applicable public or private utilities supplier, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants the direct responsibility of the tenants of the Property pursuant to such Tenants’ Leases directly to such utility companythe applicable public or private utilities supplier. The Sellers Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller’s responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenants’ tenants' Space Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property pursuant to such Tenants’ Leases directly to such utility companytenants' Space Leases. The Sellers Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller's responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s 's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx bill is obtained from any such xxxx utility company as of the Closing, the Sellers Seller shall pay such xxxx bill on or before the ClosingClosxxx. If such xxxx bill shall not have been obtained oxxxxned on or before the Closing, the Sellers Seller shall, upon receipt of such xxxxbill, pay all such utility charges xxxrges as evidenced by such xxxx bill or bills pertaining to the tx xxe period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx bill which shall be rendered which renderxx xhich shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. GasTo the extent water/sewer charges, steamstorm-water charges, electricity gas, electric, telephone and other public utility charges (other than any such charges which are utilities maintained and payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers with respect to the utility company operation of a Property are the responsibility of such Seller thereof prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) or as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of are not paid by Tenants under the Buyer’s responsibilities therefor from and after the Closing. The Buyer Tenant Leases applicable to such Property, such utilities shall arrange for such service to all be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company prorated as of the Closing Date (with such amounts for the Closing Date being charged to Purchaser). To the extent such utilities are the full and complete responsibility of, and have been and are paid by, one or more Tenants under the Tenant Leases applicable to such Property, such utilities shall not be prorated at Closing. Further, each Seller shall receive a credit at the Closing in an amount equal to any cash security deposits (to the extent assignable) held by any utility companies with respect to the Property to be conveyed by such Seller and shall (to the extent legally permissible) assign to Purchaser at the Closing all of such Seller’s right, title and interest in and to such security or similar deposits. To the extent any cash security, surety bonds or other security placed with any utility provider, together with the associated utility account, in the name of such applicable Seller are not DLI-6447995v8 11 assignable or transferable by any one or more of Sellers to Purchaser, then within two Business Days immediately following Closing, Purchaser shall make its own arrangements to put in place new accounts, security deposits, all surety bonds and/or other security required by any utility companies with respect to the Sellers Properties, and each applicable Seller shall pay thereafter be entitled without liability to Purchaser to cancel such xxxx on accounts in its name, cancel any surety bonds previously furnished by such Seller and seek return of any other deposits or before security previously placed with such utility providers by such Seller. Purchaser shall indemnify, defend and hold Purchaser harmless from and against any costs (including reasonable attorneys’ fees and court costs and costs of investigation), losses, damages, liabilities or expenses incurred by Purchaser as a result of the Closing. If such xxxx shall not loss of any security deposit, surety or other deposit or security that would have been obtained on or before refunded to a Seller except for the Closing, the Sellers shall, upon receipt actions of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the ClosingPurchaser.

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property service pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingexhibit.

Utility Charges. Gas(a) If the Premises are separately metered as of the Commencement Date for utilities used or consumed in or in connection with the Premises or the operation of Tenant’s business therein, steamincluding, electricity water, sewer, electricity, gas, oil, heat, steam and heated and/or chilled water, telephone or other communication services (the “Utilities”), then, prior to delinquency, the bills and statements issued by the utility and other public utility companies providing such Utilities (the “Suppliers”), Tenant shall pay all charges and fees for such Utilities directly to such Suppliers. (b) If Landlord is billed by the City of Port St. Lucie Utility Systems Department and the Suppliers for any Utilities which are not separately metered or assessed or which are only partially separately metered or assessed and which are used by Tenant in common with other than tenants or occupants of the Village Center, Tenant shall pay to Landlord, within 10 days after invoice, Tenant’s share of the charges and fees billed to Landlord for such Utilities allocated by Landlord to the Premises on an equitable basis, having regard to hours of usage, square footage, connected load and other factors conforming to good engineering practice. If Landlord is billed for any such charges which are payable by Tenants fees as a result of the Property pursuant Premises not being separately metered or assessed, then Tenant shall pay to Landlord, within ten (10) days after invoice, Tenant’s share of such Tenants’ Leases, for which no adjustment will be made) will be paid fees billed to Landlord and allocated by the Sellers Landlord to the Premises on the same basis as set forth in subsection 3.02(b) above, (c) Landlord shall not be liable in damages or otherwise for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, interruption or defect in the utility company prior services provided to the Closing Date Premises. No such change, failure, interference, interruption or defect shall entitle Tenant to terminate this Lease or axxxx the payments Tenant is required to make under this Lease, provided, however, that if the supply of water (including chilled water) or electricity service to the Premises or sewer service is interrupted for a period of five (5) or more consecutive days and by such interruption resulted from the Buyer negligence or willful misconduct of Landlord, then the Rent payable under this Lease shall axxxx from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters sixth (covering gas, water, steam and electricity6th) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each consecutive day of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of interruption through the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closingsuch interrupted service is restored. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the ClosingRM:6995119:7 Village Center Lease Agreement Initials: L: , the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.T:

Utility Charges. GasWater rates, water meter charges, sewer rents, vault charges, gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Space Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after through the Closing Date. The Sellers agree that they shall use commercially reasonable efforts to arrange for at the Closing furnish a final reading of all utility meters such utilities applicable to each Property to a date not more than thirty (covering gas, water, steam 30) days prior to the Closing and electricity) as the unfixed meter charges thereon for the time intervening from the date of the Closinglast reading shall be apportioned on the basis of such last reading, and shall be appropriately readjusted after the Closing on the basis of the next subsequent bills, except meters the charges of which are payable by Tenants of the Property Properties pursuant to such Tenants’ Leases directly Space Leases. Notwithstanding the foregoing to such utility companythe contrary, the Sellers may elect to close their own applicable accounts, in which event the Buyer shall open its own accounts and the respective charges shall not be prorated. The If requested by Sellers or the Buyer, the Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenants’ tenants' Space Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property pursuant to such Tenants’ Leases directly to such utility companytenants' Space Leases. The Sellers Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller's responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s 's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility Tenant shall pay all charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam sewer, electricity, telephone and electricity) other utility services used in the Premises during the Term. If any such charges are not paid when due Landlord may pay the same, and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as of additional rent. If any utilities services are separately metered to the ClosingPremises, except meters then Tenant shall cause the charges of which are payable by Tenants of the Property pursuant for such services to such Tenants’ Leases be billed directly to Tenant and shall pay such charges directly to the purveyor(s) of such services. As to any utility company. The Sellers service (other than for gas and electric) not separately metered to the Premises, (a) Landlord shall pay the bills for such services, (b) Landlord shall allocate such bills among Tenant and the Buyer other tenants using such utilities on such basis as Landlord determines to be reasonable, and (c) Tenant shall jointly execute a letter to each pay its allocated portion of such bills to Landlord, as additional rent, within ten (10) days after receipt of Landlord’s notice or invoice therefor. If the gas and electric utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished services are not separately metered to the Property Premises as of the date of the Closing and commencement this Lease, then, in connection with construction of the BuyerImprovements as provided in Exhibit “D”, Tenant, at Landlord’s responsibilities therefor from and after the Closing. The Buyer cost, shall arrange install a separate meter or submeter for such service to be placed utility services in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the ClosingPremises, the Sellers and Tenant shall pay such xxxx on or before charges directly to the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt purveyor(s) of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingservices.

Utility Charges. GasFuel, steamwater and sewer service charges and charges for gas, electricity electricity, telephone and all other public utility charges (other than any such charges which utilities. If there are payable by Tenants of meters on the Property pursuant measuring the consumption of water, gas or electric current, Seller shall use its good faith efforts to cause such Tenants’ Leases, meters (for utilities for which no adjustment will Seller, and not tenants, is responsible) to be maderead not more than one (1) will be paid by the Sellers to the utility company day prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of pay promptly all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of bills for which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx Seller is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, liable upon receipt of such xxxx, a statement therefor. Purchaser shall be liable for and shall pay all utility bills for services rendered after such meter readings. In the event such utility charges as evidenced by such xxxx or bills pertaining to readings cannot be accomplished within the one (1) day period prior to the Closing Date, another fair and equitable manner of adjustment of utilities, such as an adjustment based on historical estimates of the utility charges, shall be undertaken. At Closing, Purchaser shall reimburse Seller for all utility deposits (if any) relating to the Property which are transferred to Purchaser. Additionally, Seller and Purchaser agree that potable water service to the Buyer MOB known as “Building 5000 at University Medical Park” located at 000 Xxxx X.X. Xxxxxx Boulevard, Charlotte, North Carolina (the “5000 Building”) is supplied by and provided through a water line that runs through Seller’s acute care hospital known as Carolinas Medical Center-University. After the Closing Date, Seller covenants and agrees, subject to matters beyond Seller’s reasonable control, to provide and furnish to the 5000 Building an uninterrupted supply of potable water through such shared water line twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year. After the Closing Date, at Seller’s sole cost, Seller shall maintain, repair and replace the portion of the water line supplying potable water to the 5000 Building located within the boundaries of Seller’s property until the point such water line enters the 5000 Building. After the Closing Date, at Purchaser’s sole cost, Purchaser shall maintain, repair and replace the portion of such water line that is physically located within the 5000 Building. On or before the Closing Date, Seller, at its expense, will cause potable water service to the 5000 Building to be privately sub-metered. Each month during the term of the Ground Lease for the 5000 Building, Seller shall cause the sub-meter to be “read” to determine the amount of water consumed in the 5000 Building and shall deliver to Purchaser an invoice for Seller’s actual out-of-pocket cost of the water consumed in the 5000 Building for the preceding month (the “Water Sub-meter Charge”). Purchaser shall pay all to Seller the Water Sub-meter Charge not later than thirty (30) days after receipt of an invoice from Seller for such amount. The provisions of this Section 8.2(b) shall survive Closing and shall be incorporated into the Ground Lease for the 5000 Building. Additionally, Seller and Purchaser acknowledge that certain other shared utility charges pertaining service arrangements may be required between Seller and Purchaser relative to the period thereafterMOBs located at 0000 Xxxxx Xxxxx Xxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, 0000 Xxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, 0000 Xxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, 00000 Park Road, Charlotte, North Carolina, and 10650 Park Road, Charlotte, North Carolina. Any xxxx In this regard, Seller and Purchaser agree to use good faith, diligent efforts to investigate further the potential requirement for shared utility services at such MOBs and to identify the same during the Study Period. In the event Seller and Purchaser identify any required shared utility service arrangements for such MOBs, Seller and Purchaser agree to use good faith, diligent efforts to negotiate the inclusion in the Ground Lease for the MOB Sites on which the relevant MOBs are located of a shared utility service agreement in form and substance similar to the agreement relating to the 5000 Building contained in this Section 8.2(b) (with such changes as are required specifically for each such MOB) and specifically acknowledging that the private sub-metering of such shared utility services shall be rendered which shall cover acceptable to both Seller and Purchaser as a period both before and after means to allocate the date responsibility for bearing the cost of Closing shall be apportioned between the Buyer and the Sellers as of the Closingsuch shared utility services.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenants’ tenants' Space Leases, for which no adjustment will be made) will be paid by the Sellers Seller of each Property to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Each Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the relevant Property pursuant to such Tenants’ Leases directly to such utility companytenants' Space Leases. The Sellers Each Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller's responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s 's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. Gas, steam, electricity electricity, water, sewage and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, watersteam, steam electricity, water and electricitysewage) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers Seller and the Buyer Purchaser shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller’s responsibility for such charges for utilities furnished to the Property Facilities as of the date of the Closing Date and commencement of the BuyerPurchaser’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is bill xx obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on bill xx or before the Closing. If such xxxx shall bill xxxll not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxxbill, pay xxy all such utility charges as evidenced by such xxxx or bill xx bills pertaining to the period prior to the Closing, and the Buyer Purchaser shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover bill xxxt covers a period both before and after the date of Closing Date shall be apportioned between the Buyer Purchaser and the Sellers Seller as of the Closing. Seller shall be entitled to a refund of all deposits held by such utility companies and Purchaser shall arrange to make its own deposits with the utility companies as of the Closing Date.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing (and in any event not more than thirty (30) days prior to the Closing), except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas, water, sewer, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Space Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to the Closing Date and by the Buyer from and after through the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, sewer, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility companySpace Leases. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been 66 obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing. If any deposit on account with any utility company servicing a Property is transferred to the Buyer, such deposit will not be apportioned, but the Sellers shall receive a credit in the full amount thereof (including accrued interest thereon, if any).

Utility Charges. Gas(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, steamdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation without taking into account any discounts such as volume consumption or energy conservation discounts. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may 0adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and other public may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility charges (other than any service is attached to this Lease, Tenant shall pay for such charges which are payable by Tenants of the Property service pursuant to such Tenants’ Leasesexhibit. Notwithstanding the foregoing, Landlord and Tenant acknowledge that the leased premises are currently separately metered for which no adjustment will electricity and Tenant's electrical charges shall be made) will computed based upon such separate metering. Tenant shall be paid by entitled to employ an electrical engineer to survey its actual consumption of electricity in the Sellers to leased premises. In the utility company prior to event Tenant's electrical engineer does not agree with the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as electrical consumption component of the Closing, except meters the charges of which are payable charge set forth by Tenants of the Property Landlord pursuant to this Section 12.01, then upon notice from Tenant's engineer in writing to Landlord, which such Tenants’ Leases directly notice shall set forth the engineer's findings with respect to Tenant's consumption of electrical service, Landlord shall be entitled either to accept such utility companyfindings and adjust its charge prospectively or within thirty (30) days thereafter to advise Tenant in writing that it disagrees with such findings. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon Upon receipt of such xxxxnotice from Landlord, Tenant shall be entitled either to accept Landlord's conclusion or both Landlord's and Tenant's electrical engineers shall within fifteen (15) days thereafter select a third electrical engineer who shall have access to both the leased premises and the Shopping Center for purposes of computation of Tenant's consumption of electrical service. Such independent electrical engineer shall render a decision within thirty (30) days after his appointment, which such decision shall be final and binding upon both Landlord and Tenant. It is understood and agreed, however, that Tenant shall be obligated to pay all such utility charges as evidenced billed by such xxxx or bills pertaining Landlord pursuant to this Section prior to and during the period prior of arbitration and until the independent electrical engineer's findings have been rendered in writing. It is further understood and agreed that, in the event Landlord shall furnish a check meter to compute actual usage, the Closing, and the Buyer shall pay all results of such utility charges pertaining to the period thereafter. Any xxxx which metering shall be rendered which final and conclusive with respect to charges billed pursuant to this Section." This paragraph shall cover a period both before and after not apply if the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingleased premises is located in Sunvalley.

Utility Charges. GasElectric, steamwater, electricity sewer, gas, fuel, waste collection and removal and other public utility and operating expenses relating to the Property shall be prorated as of the Prorations Date. It shall 9 be assumed that the utility charges (other than any were incurred uniformly during the billing period in which the Closing occurs. If bills for the applicable period are unavailable, the amounts of such charges which are payable by Tenants will be estimated based upon the latest known bills. Notwithstanding the foregoing, to the extent possible, Seller and Buyer shall request the utility companies to read the meters as of the Property pursuant to such Tenants’ LeasesProrations Date, and Seller shall be responsible for which no adjustment will be made) will be paid by all charges incurred through the Sellers to the utility company prior to the Closing Prorations Date and by the Buyer shall be responsible for all charges from and after the Closing Prorations Date. The Sellers All prepaid deposits for utilities shall use commercially reasonable efforts be refunded to arrange Seller at the time of Closing by the utility companies, and it shall be Buyer's responsibility to make any utility deposits required for a service. (e) Reproration and Post-Closing Adjustments. In the event that any adjustments or prorations cannot be apportioned or adjusted at Closing by reason of the fact that final reading of all utility meters (covering gasor liquidated amounts have not been ascertained, water, steam and electricity) or are not available as of such date, the Closing, except meters parties hereto agree to apportion or adjust such items on the charges basis of which are payable by Tenants their best estimates of the Property pursuant amounts at Closing. In the event of any omission or mathematical error on the closing statement, or if the prorations, apportionments and computations shall prove to be incorrect for any reason, the same shall be promptly adjusted when determined and the appropriate party paid any monies owed; provided that any such Tenants’ Leases directly adjustment must occur prior to such utility companySeller being dismissed by the Court and is limited to the extent of funds Seller then possesses as receiver for the Property. The Sellers and the Buyer provisions of this Section shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the survive Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.3.4

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Property pursuant to such Tenants’ Leases, for which no adjustment will be made) will be paid by the Sellers to the utility company prior to through the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s responsibilities therefor from and after the Closingsuch date. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closing.

Utility Charges. Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants tenants of the Property pursuant to such Tenants’ tenants' Space Leases, for which no adjustment will be made) will be paid by the Sellers Seller to the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers Seller shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants tenants of the Property pursuant to such Tenants’ Leases directly to such utility companytenants' Space Leases. The Sellers Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ Seller's responsibility for such charges for utilities furnished to the Property as of the date of the Closing and commencement of the Buyer’s 's responsibilities therefor from and after the Closing. The Buyer shall arrange for such service to be placed in the Buyer’s name after Closingdate. If a xxxx is obtained from any such utility company as of the Closing, the Sellers Seller shall pay such xxxx on or before the Closing. If such xxxx shall not have been obtained on or before the Closing, the Sellers Seller shall, upon receipt of such xxxx, pay all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers Seller as of the Closing.

Utility Charges. GasA. Tenant shall pay all rents and charges for water, sewer, electricity, gas, heat, steam, electricity hot and/or chilled water, air-conditioning, ventilating, telephone service and other public utility charges utilities supplied to the Leased Premises, however supplied (other than the "Utility Charges"), when the same become due. If any such charges utilities are not separately metered, then in addition to Tenant's payments of separately metered charges, Tenant shall pay to Landlord on, at Landlord's option, either the first day of each calendar month or within ten (10) days after receipt of a xxxx therefor, Tenant's proportionate share of such Utility Charges which are payable shall be calculated as follows: the Utility Charges for such utilities plus Landlord's reasonable administrative costs shall be multiplied by Tenants a fraction, the numerator of which shall be the Floor Space of the Property pursuant to Leased Premises and the denominator of which shall be the total Floor Space of tenants using such Tenants’ Leasesutilities. Landlord may, for which no adjustment will be made) will be paid by the Sellers to at any time, install submeters in connection with the utility company prior to the Closing Date and by the Buyer from and after the Closing Date. The Sellers shall use commercially reasonable efforts to arrange for a final reading of all utility meters (covering gas, water, steam and electricity) as of the Closing, except meters the charges of which are payable by Tenants of the Property pursuant to such Tenants’ Leases directly to such utility company. The Sellers and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Sellers’ responsibility for such charges for utilities services furnished to the Property as Leased Premises and thereupon collect all or any part of the date of the Closing and commencement of the Buyer’s responsibilities therefor Utility Charges directly from and after the Closing. The Buyer shall arrange for Tenant provided that such service to be placed in the Buyer’s name after Closing. If a xxxx is obtained from any such utility company as of the Closing, the Sellers shall pay such xxxx on or before the Closing. If such xxxx Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility servicing the Shopping Center therefor for the same services. Landlord, in its sole discretion, shall have been obtained on or before the Closingright, the Sellers shallat all times, upon receipt of such xxxx, pay to alter any and all such utility charges as evidenced by such xxxx or bills pertaining to the period prior to the Closingutilities, and the Buyer shall pay all equipment relating thereto, serving the Shopping Center or any portion thereof, provided such alteration by Landlord does not result in a diminution of the utility charges pertaining service to the period thereafterLeased Premises. Any xxxx which Tenant shall execute and deliver to Landlord without delay such documentation as may be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Sellers as of the Closingrequired to effect such alteration.