Common use of Water Clause in Contracts

Water. If water is reasonably required for Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. above.

Water. 28.01 During the Term, subject to causes beyond its reasonable control, Landlord shall make available to Tenant water for Tenant’s ordinary lavatory, drinking, cleaning and pantry use at the Premises, provided, however, Landlord makes no representation, covenant or warranty that said water is potable. Tenant shall pay the amount of Landlord’s cost for all excessive water used by Tenant for any purpose other than such ordinary lavatory, drinking, cleaning and pantry uses, and any sewer rent or tax based thereon. If Tenant uses excessive quantities of water or uses water for additional uses, Landlord may install a water meter to measure Tenant’s water consumption for all purposes and Tenant agrees to pay for the installation and maintenance thereof and for water consumed as shown on said meter at Landlord’s cost therefor plus five (5%) percent. If water is reasonably required for Tenant’s approved use and occupancy of made available to Tenant in the Building or the Premises through a meter which also supplies other Premises, water service shallor without a meter, at Landlord’s expense, be made available at then Tenant shall pay to Landlord a location within the Premises designated by Landlordreasonable charge per month for water. Distribution Provided that reasonably adequate alternative sources and quantities of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided are then available to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagefrom third parties, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly discontinue water service to Landlord the cost Premises if either the quantity or character of such tenantservice is changed or is no longer available or suitable for Tenant’s water usage, as reflected requirements or for any other reason without releasing Tenant from any liability under this Lease and without Landlord or Landlord’s agent incurring any liability for any damage or loss sustained by the sub-meter, and billed according to the then current rate at which water is billed Tenant by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share such discontinuance of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. aboveservice.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing throughout installation thereof and through the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant's consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.

Water. (a) Landlord shall furnish cold water for ordinary premises and kitchenette, cleaning, toilet, lavatory and drinking purposes and hot water for the core restroom sinks. If Tenant requires, uses or consumes water is reasonably required for any purpose other than for the aforementioned purposes, Landlord may (i) assess a reasonable charge for the additional water so used or consumed by Tenant or (ii) install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Landlord shall pay the cost of the meter and the cost of installation thereof and shall keep said meter and installation equipment in good working order and repair. Txxxxx agrees to pay for the additional water consumed, as shown on said meter, together with the sewer charge based on said meter charges, as and when bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant. All piping and other equipment and facilities for use of water outside the Building core, but that exclusively serve the Premises, will be installed and maintained by contractors approved by Landlord at Tenant’s sole cost and expense. (b) Landlord shall supply up to thirty (30) tons of condenser water for Tenant’s approved use supplemental HVAC equipment and occupancy of the Premises, water service shallLandlord will install, at Landlord’s expense, be made available at a location within submeter to measure the Premises designated by Landlord. Distribution condenser water for Tenant’s operation of water throughout any supplemental HVAC equipment in the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, . Tenant shall be as set forth in Exhibit C. Tenant shallpay to Landlord, at Tenant’s expense, be responsible for the maintenance, repair same time and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of same manner that Tenant pays Yearly Rent under the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; providedLease, the charges for such condenser water usage, together with all other water charges in connection with based on the Property shall be included in monthly reading of the Operating Expenses in accordance with submeter and the provisions actual out of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly pocket cost to Landlord the cost of to provide such tenant’s condenser water usage, as reflected by the subwithout mark-meter, and billed according to the then current rate at which water is billed by the utility provider up or profit to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. above.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning, pantry or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing throughout installation thereof and through the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant's consumption and shall be payable by Tenant as additional rent within twenty (20) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, the meter and the cost of the installation thereof and through the duration of Tenant’s occupancy Tenant shall be as set forth keep said meter and installation equipment in Exhibit C. Tenant shall, good working order and repair at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant’s consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.

Water. (a) Landlord shall furnish cold water for ordinary premises and kitchenette, cleaning, toilet, lavatory and drinking purposes and hot water for the core restroom sinks. If Tenant requires, uses or consumes water is reasonably required for any purpose other than for the aforementioned purposes, Landlord may (i) assess a reasonable charge for the additional water so used or consumed by Tenant or (ii) install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Landlord shall pay the cost of the meter and the cost of installation thereof and shall keep said meter and installation equipment in good working order and repair. Xxxxxx agrees to pay for the additional water consumed, as shown on said meter, together with the sewer charge based on said meter charges, as and when bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant. All piping and other equipment and facilities for use of water outside the Building core, but that exclusively serve the Premises, will be installed and maintained by contractors approved by Landlord at Tenant’s sole cost and expense. (b) Landlord shall supply up to thirty (30) tons of condenser water for Tenant’s approved use supplemental HVAC equipment and occupancy of the Premises, water service shallLandlord will install, at Landlord’s expense, be made available at a location within submeter to measure the Premises designated by Landlord. Distribution condenser water for Tenant’s operation of water throughout any supplemental HVAC equipment in the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, . Tenant shall be as set forth in Exhibit C. Tenant shallpay to Landlord, at Tenant’s expense, be responsible for the maintenance, repair same time and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of same manner that Tenant pays Yearly Rent under the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; providedLease, the charges for such condenser water usage, together with all other water charges in connection with based on the Property shall be included in monthly reading of the Operating Expenses in accordance with submeter and the provisions actual out of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly pocket cost to Landlord the cost of to provide such tenant’s condenser water usage, as reflected by the subwithout mark-meter, and billed according to the then current rate at which water is billed by the utility provider up or profit to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. above.

Water. If Landlord shall furnish (i) cold water is reasonably (including any water required for Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together in connection with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided Cafeteria) to the Premises by in reasonable quantities for ordinary drinking, lavatory and cleaning purposes, and in any event, in sufficient quantity to properly operate pantry dishwashers and icemakers and (ii) hot water in reasonable quantities for the sinks in the pantries and restrooms located in the Premises from time to time in reasonable quantities for ordinary drinking, lavatory and cleaning purposes. If Tenant requires, uses or consumes water for any purpose in addition to ordinary lavatory, cleaning and drinking purposes or in amounts materially in excess of normal office usage (it being expressly understood that, without limitation, water required for use in connection with any pantry, private bathroom or shower is not in excess of normal office usage, but water required for use in the Cafeteria or any kitchen is in excess of normal office usage), Landlord may install a water meter or meters and thereby measure Tenant’s consumption of water for such purposes. Tenant shall maintain pay the actual cost of any such plumbing in good working ordermeters and their installation. Notwithstanding the foregoingTenant, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord expense, shall keep any such meters and any such installation equipment in good working order and repair and shall pay all charges to Landlord, as Additional Rent, within thirty (30) days after demand therefor for the water usage consumed (such charge to be based upon Landlord’s then standard rate for such usage; provided that such rate shall not exceed the greater of (x) an amount equal to Landlord’s actual costs plus five percent (5%), and (y) customary and reasonable rates then being used by landlords in First Class Midtown Office Buildings). If Tenant requires any water other than (a) cold water for use in connection with the Premises; providedCafeteria or any kitchen, the charges pantry, private bathroom or shower or (b) hot water for such water usage, together with all other water charges use in connection with the Property shall be included any sink located in the Operating Expenses any pantry or restroom, then, subject to and in accordance with the provisions of Article 4 and subject Article 8 of this Lease, Tenant shall provide and install in the Premises, at its sole cost and expense, hot water heating devices necessary to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, meet such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. aboverequirements.

Water. If (1) Tenant shall pay for all water is reasonably required for consumed or utilized at the Premises. A water meter or submeter shall be installed to measure Tenant’s approved use and occupancy consumption of water for all purposes as part of the PremisesFinish Work. Tenant, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense expense, shall keep any such meter or submeter and any such installation equipment in good working order and repair. Tenant shall pay for water consumed as shown on said meter or submeter and sewer charges thereon as Additional Rent, as and when bills are rendered, or, if not check metered at any time during the Term, based on the reasonable estimate of Tenant’s usage of such utilities by Landlord’s Building engineer. Additional Rent for water use may be estimated monthly by Landlord, based upon the reasonable estimate of Landlord’s engineer, and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of each Lease Year. The cost of water shall be determined without xxxx-up by Landlord. If Landlord charges Tenant for water on an estimated basis, then such charges shall be reconciled with the actual costs annually thereafter. Any such estimate may be adjusted, if necessary, from time to time by Landlord, to appropriately reflect the cost of water delivered to and consumed at the Premises. In the event that Tenant disputes Landlord’s Building engineer’s estimate of Tenant’s usage, Landlord’s estimates of Landlord’s usage or the water or sewer charges charged by Landlord in writing within thirty (30) days following Tenant’s receipt of the same, Tenant and Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for cooperate to resolve such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 belowdispute. In the event Landlord determines that any tenantand Tenant cannot resolve such dispute within thirty (30) days, such dispute shall be submitted to arbitration. The EAST\174041517.9 parties shall direct the Connecticut office of the AAA (or, if none, the nearest AAA office responsible for case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine Tenant’s water usage exceeds customary and usualwater and sewer charges. The arbitrator’s decision shall be final and binding on the parties. (2) Tenant agrees that (i) all waste water discharged from the Premises, expected office usageincluding from laboratories, Landlord reserves shall be free of all Hazardous Materials other than those Tenant is permitted to discharge pursuant to applicable Laws and the right to install a sub-meter, in which event, such tenant Building’s sanitary sewer system permits; and (ii) it shall pay directly to Landlord collect all Hazardous Materials into appropriate hazardous waste storage receptacles supplied by Tenant and discard the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage same in accordance with this section, Operating Expenses applicable Laws and the proportionate share of such expenses payable by all other tenant’s shall not dispose of the Building shall be adjusted in accordance with Section 5.1.6. abovesame through the Building’s plumbing system, unless, and only to the extent, Tenant is permitted to do so by Law and/or valid permits.

Water. If (a) Tenant shall pay for all water is reasonably required for consumed or utilized at the Premises. Tenant shall install a water meter or submeter and thereby measure Tenant’s approved use and occupancy consumption of water for all purposes as part of the PremisesFinish Work. Tenant, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense expense, shall keep any such meter or submeter and any such installation equipment in good working order and repair. Tenant shall pay for water consumed as shown on said meter or submeter and sewer charges thereon as Additional Rent, as and when bills are rendered, or, if not check metered at any time during the Term, based on the reasonable estimate of Tenant’s usage of such utilities by Landlord’s Building engineer. Additional Rent for water use may be estimated monthly by Landlord, based upon the reasonable estimate of Landlord’s engineer, and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of each Lease Year. The cost of water shall be determined without xxxx-up by Landlord. If Landlord charges Tenant for water on an estimated basis, then such charges shall be reconciled *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. with the actual costs annually thereafter. Any such estimate may be adjusted, if necessary, from time to time by Landlord, to appropriately reflect the cost of water delivered to and consumed at the Premises. In the event that Tenant disputes Landlord’s Building engineer’s estimate of Tenant’s usage, Landlord’s estimates of Landlord’s usage or the water or sewer charges charged by Landlord in writing within thirty (30) days following Tenant’s receipt of the same, Tenant and Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for cooperate to resolve such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 belowdispute. In the event Landlord determines that any tenantand Tenant cannot resolve such dispute within thirty (30) days, such dispute shall be submitted to arbitration. The parties shall direct the Connecticut office of the AAA (or, if none, the nearest AAA office responsible for case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine Tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenantwater and sewer charges. The arbitrator’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building decision shall be adjusted in accordance with Section 5.1.6. abovefinal and binding on the parties.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary lavatory and kitchen purposes (of which fact Tenant constitutes Landlord to be the sole judge) Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing installation, thereof and throughout the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant, as additional rent. Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant, as additional rent. Tenant covenants and agrees to pay, as additional rent, the sewer rent, charge or any other tax, rent, levy, or charge which now or hereafter is assessed, imposed or a lien upon the demised premises or the realty of which they are part pursuant to law, order, or regulation made or issued in connection with the Premises; provideduse, consumption, maintenance or supply of water, water system or sewage or sewage connection or system. If the charges for such building or the demised premises or any part thereof is supplied with water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install through a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at meter through which water is billed by the utility provider also supplied to other premises Tenant shall pay to Landlord. In , as additional rent, on the event Landlord bills any tenant directly for water usage in accordance with this sectionfirst day of each month, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s $75.00 of the Building shall total meter charges as Tenant's portion. Independently of and in addition to any of the remedies reserved to Landlord hereinabove or elsewhere in this lease, Landlord may sue for and collect monies to be adjusted in accordance with Section 5.1.6. abovepaid by Tenant or paid by Landlord fox xny of the reasons or purposes hereinabove set forth.

Water. 28.01 Landlord shall provide, at all times, reasonable quantities of cold and tempered water to all core lavatories in the Premises and reasonable quantities of cold water for typical office pantry and cleaning purposes only. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary pantry, cleaning, or lavatory purposes (“Excess Water”), Landlord may install a water meter to measure Tenant’s approved use and occupancy of the PremisesExcess Water consumption. In such event, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system (a) Tenant shall pay Landlord for the water service, together with the cost of installing the meter and the cost of the installation thereof and through the duration of Tenant’s occupancy Tenant shall keep said meter and equipment in good working order and repair at Tenant’s own cost and expense; (b) Tenant shall pay for Excess Water consumed as shown on said meter and for the actual cost of piping and supplying such plumbing Excess Water to the Premises; and (c) Tenant shall pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are a part pursuant to any Applicable Laws made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system; provided, that in no event shall be any item included in the definition of “Real Estate Taxes” as set forth in Exhibit C. Tenant shall, at Tenant’s expense, this Lease be responsible for included within the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at items which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working orderbe required to pay pursuant to this clause (c). Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify pay to Landlord in writing of such need and Landlord shall have within thirty (30) days after demand therefor, as Additional Rent, a charge equal to Landlord’s actual cost (without markup) to provide the right Excess Water to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay Tenant (including all charges for water usage described in connection with the Premises; providedclauses (a), the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter(b), and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with (c) of this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. above28.01).

Water. Landlord shall provide water for ordinary lavatory, pantry and cleaning purposes. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary lavatory, pantry and cleaning purposes (“Customary Water Uses”) (of which fact Tenant constitutes Landlord to be the sole (but reasonable) judge), Landlord may install a water meter to measure Tenant’s approved use water consumption for all purposes. If Tenant uses water other than for Customary Water Uses and occupancy of the PremisesLandlord installs a water meter to measure Tenant’s water consumption, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with Tenant shall pay to Landlord the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing installation thereof and throughout the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Txxxxx’s occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding , and repair the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work same at Tenant’s sole cost and expense expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Such amounts shall be due and payable by Tenant upon demand, and the amount shall be deemed to be, and be paid as, Additional Rent. Txxxxx agrees to pay, upon demand, for any and all water consumed, as shown on said meter, as and when bills are rendered, and on default in making such payment Landlord may pay all such charges for water usage and collect the same from Tenant. Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with the Premises; provideduse, the charges for such consumption, maintenance or supply of water, water usage, together with all other water charges in system or sewage or sewage connection with the Property or system. The bill rendered by Landlord shall be included in payable by Txxxxx as Additional Rent. If Tenant uses water other than for Customary Water Uses and the Operating Expenses in accordance Building or the Premises or any part thereof be supplied with water through a meter through which water is also supplied to other premises, Tenant shall pay to Landlord as Additional Rent, on the provisions first (1st) day of each month, an amount equal to Ninety-Six and 94/100 Dollars ($96.94), subject to increase (the “Water Additional Rent”). Independently of, and in addition to, any restrictions of the remedies reserved to Landlord hereinabove or elsewhere in this Lease, Landlord may sue for and collect any monies to be paid by Tenant or paid by Landlord for any of the reasons or purposes hereinabove set forth in Section 5 belowforth. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagesuch bills are not paid within ten (10) days after the same are rendered, Landlord reserves may without further notice, discontinue the right service of water to install the Premises without releasing Tenant from any liability for any damage loss or sustained by Tenant as a sub-meter, in which event, such tenant shall pay directly to Landlord the cost result of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovediscontinuance.

Water. If water is reasonably required for Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, Landlord shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided provide to the Premises by (a) cold water for ordinary drinking, cleaning and lavatory purposes and (b) hot water solely for the purpose of servicing the perimeter heating system in the Premises. If Tenant requires, uses or consumes water for any purpose in excess of ordinary drinking, cleaning, or lavatory purposes, Landlord may install water meters and thereby measure Tenant’s water usage. In such event (i) Tenant shall maintain such plumbing in good working order. Notwithstanding pay Landlord for the foregoing, in the event all or any portion actual cost of the plumbing system within the premises is in need of maintenancemeters and Landlord’s out-of-pocket, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage reasonable costs in connection with the Premisesinstallation thereof and the reading thereof from time to time, and through the duration of Tenant’s occupancy Tenant shall keep said meters and equipment in good working order and repair at Tenant’s own cost and expense; provided(ii) Tenant shall pay for the actual costs of the water used by Tenant as measured on said meters, which costs shall be allocated to Tenant based upon the proportion of water used by Tenant to the total amount of water used from the Building System supplying water to Tenant, it being agreed that upon Tenant’s default in making such payment to Landlord within thirty (30) days after demand therefor by Landlord, Landlord may pay such charges for such water usageand collect the same from Tenant; and (iii) Tenant shall pay the sewer rent, together with all charge or any other water charges tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the Real Property pursuant to any Requirement made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The bxxx rendered by Landlord for the Property above shall be included in the Operating Expenses in accordance with the provisions of based upon Tenant’s consumption and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses be payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. aboveTenant as additional rent within thirty (30) days after demand by Landlord.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing throughout installation thereof and through the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant's consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes herein above set forth.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, the meter and the cost of the installation thereof and through the duration of Tenant’s occupancy Tenant shall be as set forth keep said meter and installation equipment in Exhibit C. Tenant shall, good working order and repair at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such mete red use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant’s consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.

Water. If Landlord shall furnish hot and cold water is reasonably required for ordinary use for cleaning, toilet, lavatory and drinking purposes for restrooms and facilities in the Common Areas. In addition, Landlord will stub an additional cold water line to the Premises (as part of the Base Building Shell Work) for Tenant’s approved metered distribution and use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlord(which distribution, metering, heating, treatment, etc. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be included in the scope (and cost) of Tenant Improvement Work as and to the extent set forth in Exhibit C. the Plans). If Tenant shall, at Tenant’s expense, requires or uses or consumes water in excess of that to be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided pursuant to the Premises by Landlord and Landlord/Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Matrix Landlord shall have the right to complete (a) assess a reasonable charge for the additional water use or consumption, or (b) install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep said meter and installation equipment in good working order and repair (or any portion Landlord may elect to do same at Tenant’s cost and expense). Tenant agrees to pay for water consumed, as shown on said meter, together with the sewer charge based on said meter charges, as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant. All piping and other equipment and facilities for use of such maintenance, repair or replacement work water outside the building core will be installed as part of the Tenant Improvement Work and maintained by Landlord at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premisesexpense; provided, the charges however, that such piping and other equipment and facilities are used solely for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenantTenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event(otherwise, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building maintenance shall be adjusted in accordance with Section 5.1.6. aboveconsidered Operating Costs).

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary lavatory purposes (of which fact Tenant constitutes Owner to be the sole judge) Owner may install a water meter and thereby measures Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system Tenant shall pay Owner for the water service, together with the cost of installing such plumbing the meter and the cost of the installation thereof and throughout the duration of Tenant’s occupancy Tenant shall keep said water meter and installation equipment in good working order and repair at Tenant’s own cost and expense. Tenant agrees to pay for water consumed based on the prevailing rate of the supplier of water to the building and as shown on said meter, as and when bills are rendered. Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or a lien upon the demised premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with the use, consumption, maintenance or supply of water, water system or sewage or sewage connection or system, . The xxxx rendered by Owner shall be payable by Tenant as additional rent. Independently of and in addition to any of the remedies reserved to Owner hereinafter or elsewhere in this lease, Owner may xxx for and collect any monies to be paid by Tenant or paid by Owner for any of the reasons or purposes hereinabove set forth forth. Sprinklers: 30. Anything elsewhere in Exhibit C. this lease to the contrary notwithstanding, if the New York Board of Fire Underwriters or the Insurance Services Office or any bureau, department or official of the federal, state or city government require or recommend the installation of a sprinkler system or that any changes, modifications, alterations, or additional sprinkler heads or other equipment be made or supplied in an existing sprinkler system by reason of Tenant’s business, or the location of partitions, trade Fixtures, or other contents of the demised premises, or for any other reason, of if any such sprinkler system installations, changes, modifications, alterations, additional sprinkler heads or other such equipment, become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate set by any said Exchange or by any fire insurance company. Tenant shall, at Tenant’s expense, be responsible for promptly make such sprinkler system installations, changes, modifications, alterations, and supply additional sprinkler heads or other equipment as required whether the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property involved shall be included structural or nonstructural in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovenature.

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes (other than condenser water for supplemental air conditioning), Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing throughout installation thereof and through the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant's consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.

Water. If water is reasonably required for Tenant’s approved use and occupancy As part of the PremisesTenant Improvement Work (as hereinafter defined), Landlord shall install a check meter to monitor the usage of water service shall, at Landlord’s expense, be made available at a location within in and/or serving the Premises designated by Landlord(“Premises Water”). Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, Tenant shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises separately billed by Landlord for all such Premises Water. Tenant shall pay to Landlord, in advance, on the first day of each and every calendar month during the Term, an amount reasonably estimated by Landlord from time to time to cover Tenant's monthly payments for Premises Water and Tenant shall maintain pay such plumbing in good working order. Notwithstanding the foregoingmonthly charges to Landlord, as Additional Rent, in the event all fashion herein provided for the payment of Annual Fixed Rent. Beginning in the second (2nd) full Operating Year, Landlord shall base such estimated payment amounts on Tenant's actual consumption of Premises Water during the immediately preceding Operating Year. After the end of each Operating Year, Landlord shall provide to Tenant a statement (each, a "Water Statement") of the actual amount of Premises Water consumed during the preceding Operating Year. Said Utility Statement to be rendered to Tenant also shall show, for the preceding Operating Year, the amount already paid by Tenant on account of Premises Water, and the amount remaining due from, or overpaid by, Tenant for such Operating Year covered by the Water Statement based on the check meter readings taking into account and reflecting the monthly estimated payments made by Tenant pursuant to this Section. Within thirty (30) days after the date of delivery of such Water Statement, Tenant shall pay to Landlord the balance of the amounts, if any, required to be paid pursuant to the above provisions of this Section with respect to the preceding Operating Year, or Landlord shall credit any amounts due from it to Tenant pursuant to the above provisions of this Section against (i) monthly installments of Annual Fixed Rent next thereafter coming due or (ii) any sums then due from Tenant to Landlord under this Lease (or refund such portion of the plumbing system overpayment within 30 days as aforesaid if the premises Term has ended and Tenant has no further obligation to Landlord). Further, Landlord may send periodic statements during any Operating Year showing, for the preceding billing period(s), the costs of furnishing Premises Water to the Premises. If such periodic, mid-Operating Year statements show that Tenant's actual usage of Premises Water is in need of maintenancegreater or less than the preceding Operating Year's actual usage upon which Tenant's estimated payments are then being based, repair or replacement, Tenant shall notify then Landlord in writing may adjust such estimated payments accordingly for the remainder of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection Operating Year (with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions same true-up process set forth in Section 5 below. In above to occur at the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s end of the Building shall be adjusted in accordance with Section 5.1.6. aboveapplicable Operating Year).

Water. If Landlord will furnish or cause to be furnished to the Common Areas water is from the Fairfax County mains for drinking, lavatory (including warm water at reasonable temperatures as reasonably required determined by Landlord) and toilet purposes. Water will be available in the Building core for purposes of bringing the same to the Premises. However, any improvements or alterations necessary to bring water to the Premises shall be at Tenant's cost as part of the Improvements. Tenant will not install any equipment that uses extraordinary amounts of water without Landlord's prior written consent. Tenant will not waste or permit the waste of water. Landlord reserves the right to install, at the Tenant's sole cost, check meters, which will be utilized to determine the amount Tenant will reimburse Landlord for Tenant’s approved use and occupancy of the Premises, 's excess usage. If such meter(s) or prior testing or measurement by Landlord determines that Tenant's total water service shall, at Landlord’s expense, be made available at a location within usage with respect to the Premises designated by Landlord. Distribution of water throughout the Premisesis excessive, construction of the plumbing system then Tenant shall pay for the water service, together with the cost of installing such plumbing system, meter and thereafter Tenant shall pay for any excess water usage based upon the determination of Tenant's actual usage by such meter. The determination of whether Tenant's usage is excessive shall be made by an independent third party building engineer mutually chosen by Landlord and Tenant, which engineer: (i) shall have significant experience in Class A office buildings in the Tysons Corner submarket, and (ii) shall not have worked for Landlord, Tenant or either of their respective affiliates during the five (5) years immediately preceding the hiring of said engineer by the parties to make the aforesaid determination. Said third party engineer shall be chosen as follows: If Landlord concludes that Tenant's usage is excessive, Landlord will notify Tenant of the same. Unless Tenant agrees in writing to Landlord's conclusions regarding excessive usage within ten (10) days of Landlord's notification regarding the same (in which case Tenant shall pay for the excessive usage as determined by Landlord), Landlord will provide to Tenant a list of at least three (3) qualified engineers who meet the requirements set forth above. Within five (5) days of Landlord's submission of said list of qualified engineers, Tenant will select one such engineer, and the parties shall retain said selected engineer to make the foregoing determination as to whether Tenant's usage is excessive, and if so, to what extent the same is excessive. If Tenant fails to choose an engineer from such list within such five (5) day period, Landlord shall select an engineer from the list to make the determination. The determination by said engineer shall include consideration usage of water by tenants in Exhibit C. Tenant shallsimilar Class A office buildings in the Tysons Corner submarket, at Tenant’s expense, be responsible for the maintenance, repair and replacement 's use of the plumbing servicing throughout the Premises, from the point at which plans and specifications for the Building and the Final Plans for the Improvements. (However, the parties acknowledge that Landlord's approval of any such service was provided to the Premises Final Plans shall in no way be construed as consent by Landlord and Tenant shall maintain such plumbing in good working order. Notwithstanding to excessive water use which may be associated with the foregoingimprovements, alterations, equipment or fixtures described in the event all or any portion of the plumbing system within the premises is in need of maintenance, repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovesame).

Water. If The parties acknowledge that the usage of water is in and/or serving the Premises (“Premises Water”) will be monitored by a check-meter. Tenant shall be separately billed by Landlord for all such Premises Water. Tenant shall pay to Landlord, in advance, on the first day of each and every calendar month during the Term, an amount reasonably required for estimated by Landlord from time to time to cover Tenant’s approved use and occupancy of the Premises, water service shall, at Landlord’s expense, be made available at a location within the monthly payments for Premises designated by Landlord. Distribution of water throughout the Premises, construction of the plumbing system for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair and replacement of the plumbing servicing throughout the Premises, from the point at which such service was provided to the Premises by Landlord Water and Tenant shall maintain pay such plumbing in good working order. Notwithstanding the foregoingmonthly charges to Landlord, as Additional Rent, in the event all fashion herein provided for the payment of Annual Fixed Rent. Beginning in the second (2nd) full Operating Year, Landlord shall base such estimated payment amounts on Tenant’s actual consumption of Premises Water during the immediately preceding Operating Year. After the end of each Operating Year, Landlord shall provide to Tenant a statement (each, a “Water Statement”) of the actual amount of Premises Water consumed during the preceding Operating Year. Said Utility Statement to be rendered to Tenant also shall show, for the preceding Operating Year, the amount already paid by Tenant on account of Premises Water, and the amount remaining due from, or overpaid by, Tenant for such Operating Year covered by the Water Statement based on the check meter readings taking into account and reflecting the monthly estimated payments made by Tenant pursuant to this Section. Within thirty (30) days after the date of delivery of such Water Statement, Tenant shall pay to Landlord the balance of the amounts, if any, required to be paid pursuant to the above provisions of this Section with respect to the preceding Operating Year, or Landlord shall credit any amounts due from it to Tenant pursuant to the above provisions of this Section against (i) monthly installments of Annual Fixed Rent next thereafter coming due or (ii) any sums then due from Tenant to Landlord under this Lease (or refund such portion of the plumbing system overpayment within 60 days as aforesaid if the premises Term has ended and Tenant has no further obligation to Landlord). Further, Landlord may send periodic statements during any Operating Year showing, for the preceding billing period(s), the costs of furnishing Premises Water to the Premises. If such periodic, mid-Operating Year statements show that Tenant’s actual usage of Premises Water is in need of maintenancegreater or less than the preceding Operating Year’s actual usage upon which Tenant’s estimated payments are then being based, repair or replacement, Tenant shall notify then Landlord in writing may adjust such estimated payments accordingly for the remainder of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense Landlord shall pay all charges for water usage in connection Operating Year (with the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions same true-up process set forth in Section 5 below. In above to occur at the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s end of the Building shall be adjusted in accordance with Section 5.1.6. aboveapplicable Operating Year).

Water. If Tenant requires, uses or consumes water is reasonably required for any purpose in addition to ordinary drinking, cleaning or lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s approved use and occupancy of the Premises, 's water service shall, at Landlord’s expense, be made available at a location within the Premises designated by Landlordconsumption for all purposes. Distribution of water throughout the Premises, construction of the plumbing system In such event (i) Tenant shall pay Landlord for the water service, together with the cost of installing such plumbing system, shall be as set forth in Exhibit C. Tenant shall, at Tenant’s expense, be responsible for the maintenance, repair meter and replacement the cost of the plumbing servicing throughout installation thereof and through the Premises, from the point at which such service was provided to the Premises by Landlord and duration of Tenant's occupancy Tenant shall maintain such plumbing keep said meter and installation equipment in good working order. Notwithstanding the foregoing, in the event all or any portion of the plumbing system within the premises is in need of maintenance, order and repair or replacement, Tenant shall notify Landlord in writing of such need and Landlord shall have the right to complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole 's own cost and expense in default of which Landlord shall may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant; (ii) Tenant agrees to pay all charges for water usage consumed, as shown on said meter as and when bills are rendered, and on default in making such payment Landlord may pay such charges and collect the same from Tenant; and (iii) Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with any such metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The xxxx rendered by Landlord for the Premises; provided, the charges for such water usage, together with all other water charges in connection with the Property above shall be included in based upon Tenant's consumption and shall be payable by Tenant as additional rent within fifteen (15) days of rendition. Any such costs or expenses incurred or payments made by Landlord for any of the Operating Expenses in accordance with the provisions reasons or purposes hereinabove stated shall be deemed to be additional rent payable by Tenant and collectible by Landlord as such. Independently of and subject in addition to any restrictions set forth of the remedies reserved to Landlord hereinabove or elsewhere in Section 5 below. In the event Landlord determines that any tenant’s water usage exceeds customary and usual, expected office usagethis Lease, Landlord reserves the right may xxx for and collect any monies to install a sub-meter, in which event, such tenant shall pay directly to be paid by Tenant or paid by Landlord the cost of such tenant’s water usage, as reflected by the sub-meter, and billed according to the then current rate at which water is billed by the utility provider to Landlord. In the event Landlord bills for any tenant directly for water usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. abovereasons or purposes hereinabove set forth.