Common use of Utility Expenses Clause in Contracts

Utility Expenses. Tenant shall make its own arrangements for, and shall pay the full cost of, providing all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, and all materials and services or other utilities (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenant, the Premises and/or the Building may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or provider, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable laws, requirements or recommendations of governmental agencies or public utility companies or providers.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-uppickup, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities of any kind or nature (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy tenancy, and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with PG&E to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion, provided that such change of provider does not unreasonably disrupt Tenant’s use of the Premises or materially increase Tenant’s costs (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) Notwithstanding anything to the contrary contained in Paragraph 5(c) above or elsewhere in this Lease, if solely as a result of Landlord’s gross negligence or willful misconduct, Landlord fails to provide an Essential Service (as hereinafter defined) (an “Abatement Condition”), which failure prevents Tenant from using all or a material portion of the Premises (the “Abatement Space”), then Tenant may elect, by notice to Landlord, to have Base Rent xxxxx, subject to the following additional conditions having been satisfied in each instance: (1) With respect to the Abatement Condition in question, Tenant shall have given notice to Landlord of the occurrence thereof, which notice shall designate the cause or suspected cause of the Abatement Condition, if known to Tenant, and the portion of the Premises which is not usable by Tenant, and the Abatement Condition in question shall have continued after Tenant has given such notice for a period of not less than ten (10) consecutive days; and (2) Tenant, solely because of the occurrence of the Abatement Condition, shall have actually vacated the Abatement Space for not less than ten (10) consecutive days after giving its notice to Landlord of the Abatement Condition. If, with respect to the Abatement Condition in question, the conditions of this Paragraph 5(d) are fulfilled, then Base Rent shall xxxxx, in the proportion that the rentable square foot area of the Abatement Space actually vacated bears to the rentable square foot area of the Premises, for a period equal to the lesser of (A) the period during which Tenant has actually vacated the Abatement Space, or (B) the period of time between Tenant’s having vacated the Abatement Space and the date Tenant receives notice from Landlord that the Abatement Condition has been cured, provided that such time periods shall not commence to run until the day after Tenant gives Landlord notice of the Abatement Condition as required above. For purposes of this Paragraph 5(d), vacation of the Abatement Space shall not require Tenant to remove furniture, fixtures or equipment. Tenant shall be deemed to have vacated the Abatement Space if, due to the Abatement Condition, the Abatement Space is not usable by Tenant, and Tenant does not in fact conduct any business in or use the Abatement Space. Tenant agrees that furnishing Landlord with notice of the Abatement Condition shall be an election of remedies, and Tenant shall be deemed to have waived any other rights against Landlord at law or in equity, including, but not limited to, an action for money damages in connection with the Abatement Condition in question. Nothing contained herein shall limit Tenant’s right to an abatement of Base Rent or termination of this Lease in the event of a casualty as provided in Paragraph 21 hereof. For purposes hereof, an “Essential Service” shall mean the services to be provided by the heating, ventilation and air conditioning systems, life safety systems, mechanical systems, plumbing and waste disposal systems and electrical systems to the extent Landlord is required to provide such services pursuant to this Paragraph 5.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented required by any Laws. (b) Landlord shall not be liable for any loss, injury or damage to property caused by reason or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to Paragraph ý5(c) below, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any rationingplumbing or other pipes (including, restrictions without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or applicable lawswashstands, requirements or recommendations other similar cause in, above, upon or about the Premises, the Building, or the Project. (c) Notwithstanding the terms of governmental agencies Paragraph ý5(b) above, but subject in each instance to Force Majeure Events (hereinafter defined), if any Utilities are interrupted for seven (7) consecutive business days through no fault or public utility companies negligence of Tenant or providersTenant’s Agents, and if such interruption results in a material interference with Tenant’s use of or access to the Premises, Tenant shall be entitled to an abatement of Base Rent commencing on the eighth (8th) day of the interruption and continuing until the service is restored, but only to the extent Landlord collects proceeds under its policy of rent-loss insurance and such proceeds are allocable to the Premises. During any interruption of Utilities, the parties shall use commercially reasonable efforts to restore the services as soon as possible.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”"UTILITIES") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project by any such utility company or governmental agency, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any such rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance other than as required under Paragraph 13(b) below. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any consistent with such imposed rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”"UTILITIES") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant shall be responsible for arranging for janitorial service and all Utilities furnished to the Premises. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any consistent with such imposed rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (A) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial serviceservice (including, telephonewithout limitation, telecommunicationsexterior and interior window washing), telephone and all materials and services or other utilities (collectively, “"Utilities”") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenant, the Premises Premises. The Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (B) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project, unless caused by Landlord's gross negligence or willful misconduct.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “"Utilities”") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, rationing restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”"UTILITIES") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. The foregoing notwithstanding, Landlord shall not be relieved of liability from its own gross negligence or willful misconduct. For purposes of this Lease, "gross negligence" shall refer to an action taken by Landlord with reckless disregard for the consequences thereof.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “"Utilities”") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. thereof Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “"Utilities”") that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be maybe imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.

Utility Expenses. (a) Tenant shall make its own arrangements for, and shall pay the full cost of, providing of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, heat electricity, refuse pick-up, janitorial service, telephone, telecommunications, telephone and all materials and services or other utilities (collectively, “Utilities”) that Tenant deems necessary or desirable for its occupancy and use of the Premises, all of which Utilities shall, at the request of Landlord and at Tenant’s sole cost and expense, be billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that Landlord, Tenantthe Premises, the Premises Building and/or the Building Project may become subject to the rationing of Utility services or restrictions on Utility use as required or recommended by a public utility company or providercompany, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the BuildingBuilding and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with all energy conservation programs implemented by Landlord by reason of any rationing, restrictions or applicable lawsLaws. (b) Landlord shall not be liable for any loss, requirements injury or recommendations damage to property caused by or resulting from any variation, interruption, or failure of governmental agencies Utilities due to any cause whatsoever, or public utility companies from failure to make any repairs or providersperform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.