Common use of Utility Services Clause in Contracts

Utility Services. Section 3.01. Lessee agrees to pay, or caused to be paid, as Additional Rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject to the prior written consent of the Lessor, which such consent shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premises.

Utility Services. (a) Costs for consumption of electrical current, lab gasses, HVAC (as hereinafter defined in Section 3.0118) and other utilities in the Subleased Premises are included in the Fixed Operating Expense Charge based on the use of the Subleased Premises in strict conformity with the Permitted Use (as hereinafter defined in Section 8). Lessee agrees If the use of the Subleased Premises is not in strict conformity with the Permitted Use, Sublessee shall, within thirty (30) days after the rendition of a xxxx thereof by Sublessor, from time to paytime, or caused to be paid, as Additional Rent, all charges pay Sublessor for Lessee’s utilities, any additional costs incurred by Sublessor for such other use including, without limiting the generality of the foregoinglimitation, heatincreased utility costs, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage Nothing herein shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity deemed to power allow Sublessee to use the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Subleased Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment use other than the utilities and equipment within Permitted Use. (b) Notwithstanding anything to the Demised Premises contrary in this Sublease, Sublessee shall be entitled to HVAC service pursuant to the terms of Section 18 based upon usage solely from the existing (as of the Term Commencement Date date of this LeaseSublease) air handling equipment serving the Subleased Premises. Sublessee shall pay for any additional air handlers or additional HVAC service installed in or supplied to the Subleased Premises, and in any eventincluding without limitation, all telephone and other telecommunications are costs to submeter the responsibility of the Lessee. In the event Lessee requires additional utilities or equipmentSubleased Premises, the installation and maintenance thereof shall be Lessee’s at Sublessee's sole cost and obligation, provided that such installation expense. Nothing herein shall be subject deemed to the prior written allow Sublessee to install and/or use any additional air handling equipment or HVAC service without Sublessor's consent of the Lessor, which such consent shall not be unreasonably withheldwithheld provided such equipment or services (i) are consistent and compatible with the existing Building HVAC systems, conditioned or delayed. (ii) Landlord has approved the installation of such services and (iii) Sublessee has complied with the terms of Section 3.02. Lessor agrees to furnish reasonable heating, ventilation 15 of this Sublease and air conditioning (“HVAC”) to all applicable terms of the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or Prime Lease with respect to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidaysequipment or services. If Sublessor, in accordance with its sole discretion, shall supply any additional HVAC service, Sublessee shall pay the Cleaning Specification attached hereto as Exhibit “C”costs thereof to Sublessor within thirty (30) days after the rendition of a xxxx thereof by Sublessor, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premises.

Utility Services. Section 3.01. Lessee agrees to pay(a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or caused to be paidotherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, all charges for Lessee’s utilities, including, without limiting the generality cost of installation of any additional metering of the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. LesseePremises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee andconsumption of Utility Services, as applicable, thermostatically controlled by Lessee. However, if well as the cost of installing (at any time prior to or during the term Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord. (b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the aggregate Common Area usage in the Building and Tenant’s consumption of hot water, chilled water and condenser water. In accordance with the provisions of the Work Letter attached hereto as Exhibit C, Tenant shall, at its own cost and expense, install BTU meters on all Building hot water, chilled water and condenser water service to the Premises to measure Tenant’s usage thereof, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS)); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable and non-potable water services to the Premises. Tenant shall provide and install water meters at this connection with remote readers to record Tenant’s use of potable and non-potable domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and water consumption as a recurring charge at no xxxx-up, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant. (c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without xxxx-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any xxxx not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Landlord shall not be liable for any interruption or failure in the supply of any utilities are not separately meteredor Utility Services. (d) To the maximum extent permitted by law, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor Landlord shall have no obligation the right at any time and from time to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of time during the Term Commencement Date of this Lease, and in to contract for or purchase one or more Utility Services from any event, all telephone and other telecommunications are company or third party providing Utility Services (“Utility Service Provider”) to the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligationBuilding, provided that the rates charged by such installation Utility Service Provider are competitive with the current market rates. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall be subject allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of the LessorLandlord in each instance, which such consent shall will not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees , and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” such electrical equipment and/or appliances (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond LessorLandlord’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent prior written consent shall not be abated thereforerequired). For the purposes Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesrequest.

Utility Services. Section 3.01. Lessee agrees to pay(a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or caused otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be paidcompatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. (b) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities (such as telephone) provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges for Lessee’s utilities, includingthat are based on sub-metering or check metering directly to Landlord, without limiting xxxx-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter, Tenant shall pay the generality cost of the foregoingsame as part of Operating Costs payable hereunder. Tenant may, heatno more than once per calendar year, air conditioningconduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, waterif Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, sewer Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and electricitythe persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, and Lessee will comply with all contracts relating which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. Lessee’s charges for In no event shall Tenant engage any person in connection with such utility usage engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be based upon Lesseeresolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s actual usage if separately meteredAnnual Operating Statement for the fiscal year in question (any xxxx not disputed within such 180-day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, it being agreed that electricity to power Landlord shall not be liable for any interruption or failure in the heat pumps producing heat and air conditioning to supply of any utilities or Utility Services. (c) To the Demised Premisesmaximum extent permitted by law, and electricity to Landlord shall have the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if right at any time and from time to time during the term of this Lease Term to contract for or purchase one or more Utility Services from any utilities are not separately metered, such usage and billing shall be based upon a percentage of reputable company or third party providing Utility Services (“Utility Service Provider”) to the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligationBuilding, provided that the rates charged by such installation Utility Service Provider are competitive with the current market rates. In exercising its rights hereunder, Landlord shall be subject make commercially reasonable efforts to avoid any interruption to Tenant’s business operations in connection with the change from one Utility Service Provider to another. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice of not less than forty-eight (48) hours (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (d) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Building, without the prior written consent of the LessorLandlord in each instance, which such consent shall will not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees , and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” such electrical equipment and/or appliances (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond LessorLandlord’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent prior written consent shall not be abated thereforerequired). For the purposes Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesrequest.

Utility Services. Section 3.01. Lessee agrees to pay, or caused to be paid, as Additional Rent, all All utility charges for Lessee’s utilitiesheating oil, including, without limiting electricity and otherwise used by Tenant during the generality of Initial Term and any Extended Term in or for the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. Lessee’s charges for Premises are included in the monthly rental amounts set forth above; provided that such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power charges do not exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) per month (the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the LesseeUtility Threshold”). In the event Lessee requires additional utilities or equipmentthat utility charges for any calendar month during the Term exceed the Utility Threshold, Tenant shall pay to Landlord the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject difference between utility charges actually incurred by Landlord with respect to the prior written consent Premises and the Utility Threshold within thirty (30) days of the Lessor, which such consent receipt of an invoice therefore as and for Additional Rent. Tenant shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees also reimburse Landlord for all costs and expenses incurred by Landlord related to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies fuel consumed by Tenant from the sources fuel tanks located at the Premises within thirty (30) days of Tenant’s receipt of an invoice therefor from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s controlLandlord. In no event shall Lessor be liable for any interruption or delay in It is understood and agreed that Xxxxxxxx does not warrant that any of the above services for referred to in this Article 6, or that any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02other services which Landlord may supply, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenantsfree from interruption. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee Tenant acknowledges that any one or more of the services may be suspended by reason of accident, repairs, alterations, improvements, strikes or lockouts, by reason of operation of law, or of causes beyond the reasonable control of Landlord. No interruption of service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee deemed an eviction or disturbance of Tenant’s use and possession of the Premises or render Landlord liable to Tenant for damages by abatement of Rent or otherwise, direct or consequential, nor shall be solely responsible for the cost any interruption in service relieve Tenant from performance by Tenant of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesits obligations under this Lease.

Utility Services. Section 3.01(a) Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon charged by the applicable utility provider. Lessee agrees Electricity and gas supplied to paythe Premises shall each be separately metered, and chilled water and HVAC airflow for the Laboratory Systems shall be separately submetered or check metered. Tenant shall be entitled to use up to fourteen (14) xxxxx per usable square foot of the Laboratory Portion of the Premises and up to six (6) xxxxx per usable square foot of the Office Portion of the Premises of electrical power. ACTIVE/91437610.6 Tenant shall be responsible for procuring and paying for separately metered utilities directly to the provider of the utilities. If any utility is not separately metered or submetered to Tenant, Tenant shall pay either Tenant’s pro rata share, as the case may be, of all charges of such utility jointly metered with other premises, or caused to Tenant’s Occupied Laboratory Share (as hereinafter defined), as reasonably determined by Landlord, as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid, paid by Tenant as Additional Rent, unless such separate meters or submeters are installed as part of the Tenant Work, in which event the cost of installation shall be included in the cost of such work. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx to reflect the actual cost of providing utilities to the Premises no less than quarterly. To the extent that Tenant uses more than Tenant’s Laboratory Share of any utilities attributable to the Laboratory Systems or more than Tenant’s Pro Rata Share of the Office Portion of any utilities attributable to the Building Systems, then Tenant shall pay Landlord for Tenant’s increased share of such utilities to reflect such excess. (b) Tenant shall be responsible for the installation of the following check meters (i) the standard flow meter on each floor at the capped connection for non-potable cold water, (ii) the standard flow meter on the supply line and deductive meter on the return line at each floor, located at the capped connection, for non-potable hot water supply and return, (iii) the standard flow meter at each floor, located at the capped connection, for tempered water, (iv) polypropylene purified water meter on the supply line and deductive meter on the return line at each floor, located at the capped connection, for the RO/DI system, (v) mass flow meter at each floor, located at the capped connection, for compressed air, (vi) mass flow meter at each floor, located at the capped connection, for the vacuum system, (vii) chilled water meters on the capped chilled water connections on each floor to meter supplemental chilled water usage, (viii) hot water meters on the capped hot water connections on each floor to meter hot water usage, and (ix) condenser water meters on the capped condenser water connection on each floor to meter condenser water usage (collectively, the “Tenant Installed Checkmeters”). Tenant shall be responsible for the ongoing repair and maintenance of any Tenant Installed Checkmeters. Tenant shall also be responsible for providing bus tap, meter and meter socket at each floor for direct utility metering and an electronic check meter for tenant equipment connected to the Generator. In the event Tenant requires natural gas on any floor within the Premises, Tenant shall be required to request gas service installation from the utility provider and would be billed directly with a separate meter. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be entitled to occupy all or any portion of the Premises until the Tenant Installed Checkmeters have been installed by Tenant and are fully operational. At Tenant’s election, Tenant shall be entitled to include the installation of the Tenant Installed Checkmeters as part of the Tenant Work pursuant to Exhibit D but at Tenant’s sole cost and expense. (c) Notwithstanding anything in this Lease to the contrary, Tenant shall pay the cost of utilities used in the Premises based on the consumption thereof as metered by the applicable Tenant Installed Checkmeters and/or any separate meters or submeters installed by Tenant at the rates for the applicable utility then being charged by ACTIVE/91437610.6 the applicable public utility (together with all taxes and fees included by the utility provider), without markup or any additional fees or charges added by Landlord. (d) In the event any governmental entity promulgates or revises any Law, or issues mandatory controls relating to the use or conservation of energy, water, gas, light or electricity, or the provision of any other utility or service furnished by Landlord in the Building, Landlord may take any appropriate action to comply with such provision of Law or mandatory controls, including the making of alterations to the Building, subject, however, to the terms and conditions of this Lease. Tenant agrees to provide, within 10 Business Days of request by Landlord, such information and documentation as may be needed for Lesseecompliance with any energy reporting or sustainability requirements as may be adopted from time to time by the City of Boston or any other governmental authority with jurisdiction over the Building, which information shall include, without limitation, usage at or by the Premises of electricity, natural gas, steam, hot or chilled water or other energy. Neither Landlord’s utilitiesactions nor its failure to act shall entitle Tenant to any damages, xxxxx or suspend Tenant’s obligation to pay Basic Rent and Additional Rent or constitute or be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to the Building that are imposed or instituted by the federal, state, county or municipal governments and are of general applicability to the occupants of the Building, including, without limiting limitation, controls on the generality permitted range of temperature settings in office/retail buildings, and requirements necessitating curtailment of the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such servicesvolume of energy consumption or the hours of operation of the Building. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term Any terms or conditions of this Lease any utilities are not separately metered, that conflict or interfere with compliance with such usage and billing controls or requirements shall be based upon a percentage suspended for the duration of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by controls or requirements. Compliance with such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building controls or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject to the prior written consent of the Lessor, which such consent requirements shall not be unreasonably withheldconsidered an eviction, conditioned actual or delayed. Section 3.02. Lessor agrees constructive, of Tenant from the Premises and shall not entitle Tenant to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner terminate this Lease or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception an abatement of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisespayable hereunder.

Utility Services. Except as otherwise provided in this Section 3.016.1, Tenant shall contract, in its own name, for and pay when due all charges for the cost of all Utilities 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. Lessee agrees Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to paythe Premises (as necessary for the Phase(s) that have been delivered) necessary to [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission comply with the Phasing Plan, and shall manage the billing of the cost of electricity incurred by or caused on behalf of Tenant in connection with its use and operation of the Premises (such costs, without any xxxx-up or premium whatsoever, the “Electrical Costs”), subject to be paidreimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. Landlord will xxxx Tenant for the Electrical Costs and Tenant shall pay Landlord for the same, as Additional Rent, all charges within thirty (30) days after Landlord’s delivery of a written invoice for Lessee’s utilities, including, without limiting the generality Electrical Costs. Until Landlord delivers to Tenant the final Phase of the foregoingPremises, heat, air conditioning, water, sewer and electricity, and Lessee the calculation of Electrical Costs payable by Tenant will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to electrical service consumed by Tenant in the Current Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and electricity to the Demised Premises will be paid for by Lessee any Alternate Service Providers at all times and, as applicablereasonably necessary, thermostatically controlled by Lessee. Howevershall allow Landlord, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility companyUtility Service Providers, and shall be paid monthlyany Alternate Service Providers reasonable access to all utility lines, without demandfeeders, offsetrisers, setoff or deductionwiring, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment and any other than the utilities and machinery and/or equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject necessary to provide electrical service to the prior written consent of the Lessor, which such consent Premises. Landlord shall not be unreasonably withheldliable for any loss, conditioned injury or delayed. Section 3.02. Lessor agrees damage to furnish reasonable heatingproperty caused by or resulting from any variation, ventilation and air conditioning (“HVAC”) interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the common hallways and lavatories during “Business Hours” extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as hereinafter defined) during the heating or air conditioning season, as applicable, and necessary to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, comply with the exception of legal federal Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and state holidays, in accordance other administrative obligations associated with the Cleaning Specification attached hereto as Exhibit “C”, all subject to Electrical Costs. No temporary interruption due to accident, or failure of Utilities incident to the making of repairs, alterations or alterations, improvements, or due to labor difficultiesaccident, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraintsstrike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any cause beyond Lessor’s controlof its obligations hereunder. In no event shall Lessor Landlord be liable to Tenant for any interruption damage to the Premises or delay for any loss, damage or injury to any property on or in the Premises 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, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of the above services for any of such causes and LesseeLandlord’s Rent shall not be abated thereforeAgents. For the purposes of As used in this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimumLease, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. term “Utilities” means water, sewer use, sewer discharge fees and 6:00 p.m. permit costs and 7:00 am to 1:00 pm on Saturdaysewer connection fees, excluding localgas, state heat, electricity, refuse pick-up, janitorial service, telephone and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days all materials and at times services or other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesutilities.

Utility Services. Section 3.01(a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 xxxxx per square foot of Premises Rentable Area. Lessee agrees If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to pay, or caused to time be paid, in effect for the Building upon demand as Additional Rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities Tenant introduces into the Premises personnel or equipmentequipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the installation and maintenance thereof cost of such supplementary systems shall be Lessee’s sole cost and obligation, provided that such installation payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be subject responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the prior written consent provider thereof. Landlord shall charge Tenant, Tenant's Proportionate Share of the Lessor, which such consent shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation electricity and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be natural gas used in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, connection with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained HVAC system for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable Electricity for any interruption or delay lights and plugs in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas Premises shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for charged back to Tenant by Landlord based on the months from November through April, Tenant's use and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through Augustconsumption thereof. The Building’s “Business Hours” are as determined by Lessor from From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building' s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts. (c) From time to time during the Term of this Lease, Landlord shall have the right to have an electrical consultant selected by Landlord make a minimumsurvey of Tenant' s electric usage, the Building’s Business Hours result of which survey shall be no less than Monday through Friday between conclusively binding upon Landlord and Tenant. In the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to 1:00 pm on Saturdayany other rights Landlord may have hereunder, excluding localTenant shall, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regarddemand, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible reimburse Landlord for the cost of operatingsuch survey and the cost, as well determined by such consultant, of electricity usage in excess of such requirements as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised PremisesAdditional Rent.

Utility Services. Section 3.01A. Lessor agrees to cause to be provided as part of the Leasehold Improvements (as hereinafter defined) mains, conduits and other facilities which are capable of supplying electricity, gas, water and sewer service to the Premises in substantial accordance with the specifications attached hereto as Exhibit "F". Lessee agrees to pay, or caused hereby acknowledges the limits of the design standard of the electrical service to be paidfurnished to the Premises as reflected on the specifications attached hereto as Exhibit "F" and, as Additional Rentif additional capacity or wiring is required by Lessee, Lessee, after obtaining Lessor's approval with respect to the same, shall install such additional capacity or wiring at Lessee's own expense, provided it is permitted under State and Local code. Lessee shall pay for all charges for Lessee’s utilitieselectricity, including, without limiting water and sewer service provided to the generality Premises and all such utilities shall be separately metered to the Premises. B. As part of the foregoingLeasehold Improvements, Lessor shall install a system including all duct work to heat, air conditioningcondition and ventilate the Premises in substantial accordance with the specifications attached hereto as Exhibit "F". Lessee shall pay the cost for all such heating, waterair conditioning and ventilation service provided to the Premises, sewer including the cost of maintenance, repair and electricityreplacement of same. Lessor, at its sole option, may arrange for a preventative maintenance contract for the HVAC units; provided, however, Lessor shall provide Lessee thirty (30) days prior written notice of its intent to so arrange for a preventive maintenance contract for the HVAC units. The costs for such a maintenance contract will become a part of the Common Area costs and expenses. Lessee will also carry insurance covering said equipment which may be self-insured as provided herein and will provide proof of insurance satisfactory to Lessor on said equipment upon occupancy. X. Xxxxxx may, if it so elects, furnish one or more utility services to Lessee, and in such event Lessee will comply with all contracts relating to any shall purchase the use of such servicesservices as are tendered by Lessor, and shall pay within thirty (30) days from receipt of invoice as additional rental the rates established therefor by Lessor, which shall not exceed the rates which would be charged for the same service if furnished directly by the local public utility companies. Lessee’s charges for such utility usage All said xxxxxxxx shall be based upon Lessee’s 's actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lesseeconsumption of such utility services. However, if Lessor may at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such nonforty-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide five (45) days notice to Lessee reasonable documentation to support discontinue furnishing any such financial accounting as available. Lessor shall have no service without obligation to provide utilities or equipment Lessee other than to connect the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject to the prior written consent of the Lessorpublic utility, which if any, furnishing such consent service. X. Xxxxxx shall not be unreasonably withheldliable in damages or otherwise, conditioned nor shall there be an abatement of rents, if the furnishing by any supplier of any utility service or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation and air conditioning (“HVAC”) other service to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating Premises shall be interrupted or air conditioning seasonimpaired by fire, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to riot, strike, act of God, the making of repairs, alterations necessary repairs or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to by any cause causes beyond Lessor’s 's control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premises.

Utility Services. Except as otherwise provided in this Section 3.016.1, Tenant shall contract, in its own name, for and pay when due all charges for the cost of all Utilities 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. Lessee agrees Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to paythe Premises (as necessary for the Phase(s) that have been delivered) necessary to comply with the Phasing Plan, and shall manage the billing of the cost of electricity incurred by or caused on behalf of Tenant in connection with its use and operation of the Premises (such costs, without any xxxx-up or premium whatsoever, the “Electrical Costs”), subject to be paidreimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. Landlord will xxxx Tenant for the Electrical Costs and Tenant shall pay Landlord for the same, as Additional Rent, all charges within thirty (30) days after Landlord’s delivery of a written invoice for Lessee’s utilities, including, without limiting the generality Electrical Costs. Until Landlord delivers to Tenant the final Phase of the foregoingPremises, heat, air conditioning, water, sewer and electricity, and Lessee the calculation of Electrical Costs payable by Tenant will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to electrical service consumed by Tenant in the Current Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and electricity to the Demised Premises will be paid for by Lessee any Alternate Service Providers at all times and, as applicablereasonably necessary, thermostatically controlled by Lessee. Howevershall allow Landlord, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility companyUtility Service Providers, and shall be paid monthlyany Alternate Service Providers reasonable access to all utility lines, without demandfeeders, offsetrisers, setoff or deductionwiring, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment and any other than the utilities and machinery and/or equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject necessary to provide electrical service to the prior written consent of the Lessor, which such consent Premises. Landlord shall not be unreasonably withheldliable for any loss, conditioned injury or delayed. Section 3.02. Lessor agrees damage to furnish reasonable heatingproperty caused by or resulting from any variation, ventilation and air conditioning (“HVAC”) interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the common hallways and lavatories during “Business Hours” extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as hereinafter defined) during the heating or air conditioning season, as applicable, and necessary to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, comply with the exception of legal federal Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and state holidays, in accordance other administrative obligations associated with the Cleaning Specification attached hereto as Exhibit “C”, all subject to Electrical Costs. No temporary interruption due to accident, or failure of Utilities incident to the making of repairs, alterations or alterations, improvements, or due to labor difficultiesaccident, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraintsstrike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any cause beyond Lessor’s controlof its obligations hereunder. In no event shall Lessor Landlord be liable to Tenant for any interruption damage to the Premises or delay for any loss, damage or injury to any property on or in the Premises 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, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of the above services for any of such causes and LesseeLandlord’s Rent shall not be abated thereforeAgents. For the purposes of As used in this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimumLease, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. term “Utilities” means water, sewer use, sewer discharge fees and 6:00 p.m. permit costs and 7:00 am to 1:00 pm on Saturdaysewer connection fees, excluding localgas, state heat, electricity, refuse pick-up, janitorial service, telephone and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days all materials and at times services or other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesutilities.

Utility Services. Section 3.01. Lessee agrees to pay(a) Except as expressly set forth herein, or caused to be paid, as Additional Rent, Tenant shall pay all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer sewer, gas, electricity (“Utility Service”) and electricityany other utilities or like services used or consumed on the Premises, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and Lessee will comply agreed that, in connection with all contracts relating to any such services. Lessee’s charges for such utility usage the Base Building Work, (i) Landlord shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity responsible for bringing Utility Services to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage common switching point(s) at the Building (collectively, “Utility Switching Points”) and for installing direct meters or other measuring devices for such services to the Building (as projected by opposed to individual tenant spaces) at Landlord’s cost; (ii) Tenant shall pay for any and all costs to install and connect such Utility Services from such Utility Switching Points to the appropriate utility company, and Premises; (iii) Landlord shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have under no obligation as to provide utilities or equipment other than any Utility Services beyond the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the foregoing responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that to bring such installation shall be subject Utility Services to the prior written consent of the Lessor, which such consent Utility Switching Points; and (iv) Landlord shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay failure in the supply of any utilities or Utility Services. Any utilities that are separately metered for Tenant, such as telephone service, shall be paid by Tenant directly to the utility authorities charged with the collection thereof. (b) Tenant shall install temporary meters for measuring Tenant’s usage of gas, electricity and water in the Premises no later than February 1, 2003. Prior to February 1, 2003, Tenant shall use the now-existing gas service to the Premises at no charge and shall pay to Landlord the cost of electricity and water service dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the above services for any temporary meters installed in the Premises on the Date of Lease. Following February 1, 2003, until such time as the check meters described in Section 6.01(c) have been installed by Tenant, Tenant shall pay to Landlord the cost of electricity, gas and water service to the Premises dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the temporary meters installed by Tenant or, to the extent such meters have not been installed, based on Landlord’s reasonable estimate of Tenant’s usage of such causes services. (c) Tenant, at Tenant’s sole expense, shall install check meters for the Utility Services to the Premises, Tenant’s Utility Services shall be check metered in full no later than September 1, 2003. Tenant shall pay the costs of Utility Services directly to Landlord as Total Operating Costs pursuant to Section 4.02 dependent upon Tenant’s usage in accordance with Landlord’s periodic check meter readings. (d) To the extent permitted by law, Landlord shall have the right at any time and Lessee’s Rent from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures,wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services subject to the provisions of Section 9.06. (e) Notwithstanding anything to the contrary in Sections 2.01(c), 6.01(a), or 17.14, Landlord shall not be abated therefore. For voluntarily shut down the electric, natural gas, water and sewer services serving the Clean Room (the “Essential Clean Room Services”) during a period in which the Clean Room is in use for production or validation (“validation” meaning, for the purposes of this Lease, establishing whether a specific process will consistently produce a product meeting its pre-determined specifications and quality attributes) purposes without first giving Tenant at least thirty (30) days’ notice of the anticipated date of such shutdown and fourteen (14) days’ actual notice of such shutdown (in either case, a “Landlord Shutdown Notice”). Notwithstanding the provisions of Section 3.0217.05 of this Lease to the contrary, reasonable heat Landlord’s notices pursuant to common areas the foregoing sentence may by given by e-mail or facsimile provided that, in either event, automated confirmation of delivery is received by Landlord. Tenant’s e-mail address is xxxxxx@xxxx.xxx and its facsimile number is 000-000-0000 for the purpose of such notices, which e-mail address and facsimile number are subject to change upon written notice to Landlord. Landlord shall use good faith efforts to verbally confirm that Tenant has received any notice sent by e-mail or facsimile pursuant to the immediately preceding sentence by calling Xxx Xxxxx at 000-000-0000 (which person and phone number are subject to change upon written notice to Landlord), provided, however, that Landlord’s failure to confirm such notice verbally shall not be deemed to invalidate the applicable e-mail or facsimile notice. Within five (5) business days following Tenant’s receipt of any Landlord Shutdown Notice, Tenant shall notify Landlord if, in fact, production or validation will be taking place in the Clean Room during the period specified in the Landlord Shutdown Notice. Tenant’s failure to respond to the Landlord Shutdown Notice shall be defined deemed to be notice to Landlord that production or validation will be taking place during such period. Tenant and Landlord shall cooperate to provide for temporary alternative utility services to the Clean Room, if possible, during any such shutdown so as to minimize any interference with the conduct of Tenant’s business. Tenant’s sole and exclusive remedy in the event of a minimum breach of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas Landlord’s obligations under this paragraph shall be defined as approximately 72 degrees Fahrenheit an abatement of Base Rent equal to the duration of the utility service shut down resulting in such breach provided that such breach actually results in an interruption of Essential Clean Room Services during Business Hours for a period in which production or validation is occurring in the months Clean Room, Tenant has given Landlord prompt written notice of such breach, such breach results from June through Augustthe willful disregard by Landlord of the provisions of this Section 6.01(e). The Building’s “Business Hours” are as determined by Lessor from time In case of emergency, Landlord may, notwithstanding any provision of this Section 6.01(e) to timethe contrary, but at a minimum, shut down the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use Essential Clean Room Services without prior notice provided that Landlord makes reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use notify Tenant (which shall provide reasonable heat and reasonable coolingnotice may be telephonic) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesshut down promptly thereafter.

Utility Services. Section 3.01. Lessee agrees to pay, or caused to be paid, as Additional Rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricity, and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises Commencing as of the Term Commencement Date of this LeaseDate, Tenant ---------------- shall be responsible for obtaining all electric, gas, telephone, water and sewer and other utility services to the Premises and Tenant shall pay all charges therefor directly to the utility provider. Tenant agrees that its electrical demand requirements shall not adversely affect the Building's electrical system and will not exceed the maximum from time to time permitted under Applicable Laws, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s to repair at Tenant's sole cost and obligation, provided that such installation shall be subject any damage caused to the electrical system caused by Tenant's failure to observe this requirement. Upon prior written consent of the Lessornotice, and if approved by Landlord in advance, which such consent approval shall not be unreasonably withheld, conditioned delayed or delayed. Section 3.02conditioned, Tenant may supplement and/or modify Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant at the Premises. Lessor agrees Landlord shall not be obligated to furnish reasonable heating, ventilation and air conditioning (“HVAC”) any utilities to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during Premises. Tenant's use of electrical energy in the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean Premises shall not at any time exceed the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception capacity of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for electrical conductors and equipment in or otherwise serving the Premises. Any additional feeders or risers to supply Tenant's, or any subtenant's, electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by and at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under Applicable Laws and insurance regulations and the installation of such causes and Lessee’s Rent shall feeders or risers will not cause permanent damage or injury to the Building or cause or create a dangerous condition or unreasonably interfere with the other tenant of the Building (during the period prior to full delivery). Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord, which consent will not be abated therefore. For the purposes of this Section 3.02unreasonably withheld, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional delayed or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesconditioned.

Utility Services. Section 3.01. Lessee agrees to pay, or caused cause to be paid, as Additional Rentadditional rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricity, ; and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if usage, as the space is separately metered, it being agreed that electricity to power the heat pumps producing heat heating and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by the Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are such usage is not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent additional rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, monthly by Lessee. Lessor shall, Lessee as billed with a final accounting based upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lesseeactual bills every six (6) months. In the event Lessee requires additional utilities or equipmentis billed directly by the utility company for separately metered utilities, the installation and maintenance thereof then Lessee shall be Lessee’s sole cost and obligation, provided that pay such installation shall be subject bills directly to the prior written consent of the Lessor, which utility company and such consent payments shall not be unreasonably withheldconsidered additional rent, conditioned or delayedunless and until such time as Lessee is billed by Lessor for its electricity at which time all charges for utilities will be considered as additional rent. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation heat and air conditioning (“HVAC”) to the Demised Premises, common hallways and lavatories during “Business Hours” (as hereinafter defined) normal business hours on regular business days during the heating or air conditioning season, as applicable, and to provide hot water to light common lavatories, passageways twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or provide hot water to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures)lavatories, and Lessor further agrees to clean furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises, the ) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Building, Demised Premises Mondays through Fridays, with in substantially the exception same fashion as furnished in similar buildings in the City of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, Cambridge all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Buildingsuch building, governmental restraints, or to any cause beyond the Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated thereforecauses. For the purposes of this Section 3.02clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday during Business Hours for the months from November through April, and reasonable . Reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for provided between the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. Saturday during the cooling season. Except as noted below, the building will be open for access to the Demised Premises daily, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. and Saturday between the hours of 7:00 am a.m. and 1:00 p.m. The Building will be closed from 6:00 p.m. to 1:00 pm on 7:00 a.m. Monday through Saturday, excluding localinclusive, Saturday from 1:00 p.m. to midnight, all day Sunday and on legal, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to at which time the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building building will be open for access to the Demised Premises during Business Hours, locked and at all other times the Building will be locked, but available for access via secured with access cards or codes provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; howeverNotwithstanding the foregoing, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for have access to the cost of operatingBuilding and Demised Premises every day, as well as all repair and maintenance of24 hours per day, any supplemental HVAC systems installed by, or specifically at the request of, Lessee subject to serve Lessee’s server room or otherwise exclusively serve the Demised Premisesemergency conditions.

Utility Services. Except as otherwise provided in this Section 3.016.1, Tenant shall contract, in its own name, for and pay when due all charges for the cost of all Utilities 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. Lessee agrees Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to paythe Premises, and shall manage the billing of the actual cost of electricity incurred by or caused on behalf of Tenant in connection with its use and operation of the Premises (such actual costs, without any xxxx-up or premium whatsoever, and without imposition of any minimum usage charges, the “Electrical Costs”), subject to be paidreimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. Landlord will xxxx Tenant for the Electrical Costs and Tenant shall pay Landlord for the same, as Additional Rent, within thirty (30) days after Landlord’s delivery of a written invoice for the Electrical Costs. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all charges for Lessee’s utilitiescosts associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricityUtility Service Providers, and Lessee will comply with any Alternate Service Providers at all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, it being agreed that electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee times and, as applicablereasonably necessary, thermostatically controlled by Lessee. Howevershall allow Landlord, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall be based upon a percentage of the total xxxx for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility companyUtility Service Providers, and shall be paid monthlyany Alternate Service Providers reasonable access to all utility lines, without demandfeeders, offsetrisers, setoff or deductionwiring, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment and any other than the utilities and machinery and/or equipment within the Demised Premises as necessary to provide electrical service to the Premises. In addition, Landlord shall provide the following services to the Premises during the period commencing February 1, 2015 and ending May 31, 2015 (the “SVT Period”), solely for the purpose of enabling Tenant to conduct system verification testing of the Term Commencement Date of this LeaseASF Furnaces, and specifically not to operate the ASF Furnaces: compressed air, processed exhaust and house electrical (collectively, the “SVT Systems”). Tenant shall pay Landlord the incremental cost associated with operating the SVT Systems during the SVT Period (including without limitation the cost charged by a duly licensed electrician mutually agreed by Landlord and Tenant in any eventwriting, all telephone to support the system verification testing) within 30 days after Landlord delivers an invoice and other telecommunications are the responsibility reasonable supporting documentation. Landlord will provide Tenant with cost estimates for operating each SVT System reasonably in advance of the LesseeSVT Period in order to enable Tenant to evaluate the anticipated costs of operating each SVT System. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject Tenant may elect to the prior written consent of the Lessor, which such consent shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Demised Premises.terminate