Common use of BILLS AND NOTICES Clause in Contracts

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences the conduct of its business in the Demised Premises, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business day, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. Owner shall make reasonable

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof), addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences specified as the conduct commencement of its business in the Demised Premisesterm of this lease, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivereddelivered if a business day, or if not, then the next business day, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business daydelivered, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when Rent bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required sent by reason thereof. Owner shall make reasonablefirst class mail.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof), addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences specified as the conduct commencement of its business in the Demised Premisesterm of this lease, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business daydelivered, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. Owner shall make reasonable.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any noticeLease provided, a xxxx, statement, demand notice or other communication which Owner may desire or be required or permitted to be given, rendered or made by either party give to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authorityTenant, shall be deemed sufficiently given or rendered if, in writing (whether writing, delivered to Tenant personally or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party Tenant at the address hereinabove set forth (except that after the date Tenant commences the conduct Building of its business in which the Demised Premises, Premises form a part addressed to Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and the time of the rendition of such xxxx or statement and of the giving of such notice or communication shall be deemed to have been given, rendered or made (a) on be the date delivered, if time when the same is delivered to Tenant personallyby receipted delivery, or if sent by courier, one business day after delivery to such courier or if mailed, upon receipt or rejection of such notice as herein provided. Any notice by Tenant to Owner must be given to Owner personally or served by registered or certified mail addressed to Owner at the address first hereinabove given or at such other address as Owner shall designate by written notice. Notwithstanding the foregoing: (bi) notices shall be deemed given on the date delivered if a business day of delivery, or, if notdelivery is refused, then the next business day, if delivered by overnight courier or (c) on the date first business day on which delivery is two attempted, and (2ii) business days after being mailed. Either party may, by in addition to the notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s optionmethods specified above, notices and bills given to or by Owner or Tenant may be sent given by hand deliveryor by courier service (such as Federal Express or Airborne) that provides a signed receipt. Services Provided by OwnersNotices shall be given to Owner and Tenant at their addresses set forth in Rider Paragraph 67. Services: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provideprovide at Owners sole cost and expense: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises Demised Premises when and as required by law, on business days from 8 a.m. to 6 p.m. and on Saturdays from 8 a.m. to 1 p.m.; (cb) water for ordinary lavatoryordinary, cleaning drinking and kitchen/ pantry and lavatory purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner in its reasonable discretion shall be the reasonable judge), Owner may install a water meter at TenantOwner’s expense, expense which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, repair to register such water consumption, consumption and Tenant shall pay for water consumed for other purposes only as shown on said meter as additional rent as thirty days after bills and when bills reasonable backup are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air Air conditioning/cooling will be furnished to Tenant tenant from May 15th through September 30th or otherwise as the design of the Building and its unique heating/cooling system requires, on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and Saturdays from 8 a.m. to 1 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contractLocal 94-94A, Owner will furnish the same at OwnerTenant’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; expense. (fe) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, accident or for repairs, alterations, replacements or improvements necessary or desirable in the reasonable judgment of Owner, Owner for as long as may be reasonably required by reason thereof. , provided, however, that Owner shall make reasonableprovide Tenant with reasonable notice of any such cessation of utilities to the extent reasonably possible, shall minimize any interruption of such services to Tenant, and provided that this provision is not intended to authorize a major, sustained interruption of services. If the Building of which the Demised Premises are a part supplies manually operated elevator service, Owner at any time may substitute automatic control elevator service and upon ten days’ written notice to Tenant, proceed with alterations necessary therefor without in any wise affecting this Lease or the obligation of Tenant hereunder. The same shall be done with a minimum of inconvenience to Tenant and Owner shall pursue the alteration with due diligence. At least one elevator shall be available at all times. Captions: 30. The Captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Lease nor the intent of any provisions thereof.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any noticeprovided, a xxxx, statement, demand notice or other communication which Owner may desire or be required or permitted to be given, rendered or made by either party give to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authorityTenant, shall be deemed sufficiently given or rendered if, in writing (whether writing, delivered to Tenant personally or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party Tenant at the building of which the demised premises form a part or at the last known resident address hereinabove set forth (except that after or business address of Tenant or left at any of the date Tenant commences the conduct of its business in the Demised Premises, aforementioned premises addressed to Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and the time of the renditions of such xxxx of statement and of the giving of such notice or communications shall be deemed to have been given, rendered or made (a) on be the date delivered, if time when the same is delivered to Tenant, mailed, or left at the premises as herein provided. [Insert 24] Any notice by Tenant personally, (b) on to Owner must be served by registered or certified mail addressed to Owner at the date delivered if a business day or, if not, then the next business day, if delivered address first hereinabove given or at such other address as Owner shall designate by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand deliverywritten notice. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, [Insert 25] Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry lavatory purposes, but if Tenant uses or consumes consumed water for any other purposes purpose or in unusual quantities (of which fact Owner shall be the reasonable sole judge), Owner may install a water meter at Tenant’s expense, expense which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, repair to register such water consumption, consumption and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are to kept in order clean by Tenant. No , at Tenant’s sole expense, in a manner reasonably satisfactory to Owner and no one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporatedbuilding; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, accident or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, Owner for as long as may be reasonably required by reason thereof. If the building of which the demised premises are a part supplies manually operated elevator service, Owner shall make reasonableat any time may substitute automatic control elevator service and proceed diligently with alterations necessary therefor without in any way affecting this lease of the obligation of Tenant hereunder.

BILLS AND NOTICES. 28. Except as otherwise expressly provided in this lease provided Lease, any noticebills, statementstatements, demand consents, notices, demands, requests or other communication communications given or required or permitted to be given, rendered or made by either party to the other, pursuant to given under this lease or pursuant to any applicable law or requirement of public authority, Lease shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, sufficiently given or rendered if delivered by hand (against a signed receipt) or made, nationally recognized overnight courier service (such as Federal 62 Express) with receipt requested or if sent by registered or certified mail (express mail, if available), return receipt requested) addressed: (i) if to Tenant, at the address set forth in the Reference Data initially set forth in this Lease; and (ii) if to Landlord, at the address set forth in the Reference Data initially set forth in this Lease, with copies to each Mortgagee and Lessor which shall have requested same, by notice given in accordance with the provisions of Article 7 or this Article 26 at the address designated by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereofsuch Mortgagee or Lessor, addressed or to such other address(es) as Landlord, Tenant or any Mortgagee or Lessor may designate as its new address(es) for such purpose by notice given to the other party at in accordance with the address hereinabove set forth (except that after the date Tenant commences the conduct provisions of its business in the Demised PremisesArticle 7 or this Article 26. Any such bxxx, Tenant’s addressstatement, unless Tenant shall give notice to the contraryconsent, shall be the building)notice, and demand, request or other communication shall be deemed to have been given, rendered or made given (ai) on the date when it shall have been hand delivered, if delivered to Tenant personallybefore 5:00 p. m. on such date (or, if otherwise, on the next Business Day) (bii) on the date delivered if a next business day if delivered via nationally recognized overnight courier service (such as Federal Express) with receipt requested, if delivered before 5:00 p. m. on such date (or, if nototherwise, then on the next business dayBusiness Day), if delivered by overnight courier or (ciii) on three (3) Business Days from when it shall have been mailed as provided in this Article 26. Anything contained herein to the date which is two (2) business days after being mailed. Either party maycontrary notwithstanding, by notice as aforesaidany Operating Statement, designate a different address Tax Statement or addresses for noticesany other bxxx, statementsstatement, demand consent, notice, demand, request or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills communication from Landlord to Tenant with respect to any item of Rental (other than any “default notice” if required hereunder) may be sent by hand delivery. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. Owner shall make reasonableregular United States mail.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided provided, any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested requested, or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences specified as the conduct commencement of its business in the Demised Premisesterm of this lease, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business daydelivered, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice Notices given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by OwnersOwner: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry lavatory purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable sole judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No If, however, said premises are to be kept clean by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Owner, and no one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbishbuilding; (e) if the demised premises are serviced by Owner’s air conditioning/cooling and ventilating system, air conditioning/cooling will be furnished to Tenant from May 15th through September 30th * on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m.** pm., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at OwnerTenant’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply expense. RIDER to be added in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporatedrespect to rates and conditions for such additional service; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. If the building of which the demised premises are a part supplies manually operated elevator service, Owner shall make reasonableat any time may substitute automatic control elevator service and proceed diligently with alterations necessary therefor without in any way affecting this lease or the obligations of Tenant hereunder.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof), addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences specified as the conduct commencement of its business in the Demised Premisesterm of this lease, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business daydelivered, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by OwnersOwner: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. am. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry lavatory purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable sole judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbishbuilding; (e) if the demised premises are serviced by Owner’s air conditioning/cooling and ventilating system, air conditioning/cooling will be furnished to Tenant from May 15th l5th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will wili be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at OwnerTenant’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply expense. RIDER to be added in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporatedrespect to rates and conditions for such additional service; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. If the building of which the demised premises are a part supplies manually operated elevator service, Owner shall make reasonableat any time may substitute automatic control elevator service and proceed diligently with alterations necessary therefore without in any way affecting this lease or the obligations of Tenant hereunder.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided provided, any notice, statement, demand or other communication required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, shall be in writing (whether or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested requested, or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party at the address hereinabove set forth (except that after the date Tenant commences specified as the conduct commencement of its business in the Demised Premisesterm of this lease, Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business daydelivered, if delivered by overnight courier or courier, (c) on the date which is two (2) business days after being mailed, or (d) in the event of a failure to deliver by reason of changed address of which no notice was given or refusal to accept delivery, as of the date of such failure or refusal as evidenced by a written receipt therefore from such delivery service. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice Notices given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by OwnersThe parties agree that copies of all notices, requests, demands or other communications sent to Owner shall simultaneously be sent to Xxxxxx Xxxxx Xxxxxxxx & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx X. Xxxxxx, Esq., and copies of all such communication sent to Tenant shall simultaneously be sent to Xxxxxxxxx Xxxxxxx, P.A., 000 Xxxx Xxx Xxxx Xxxx., Xxxx Xxxxxxxxxx, Xxxxxxx 00000, Attention: Xxxxx X. March. Water Charges: 29. As long as If Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaultsrequires, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purpose in addition to ordinary lavatory purposes or in unusual quantities (of which fact Owner shall be the reasonable sole judge), ) Owner may install a water meter at and thereby measure Tenant’s expense, which water consumption for all purposes. Tenant shall thereafter maintain at pay Owner for the cost of the meter and the cost of the installation. Throughout the duration of Tenant’s expense occupancy, Tenant shall keep said meter and installation equipment in good working order and repair, repair at Tenant’s own cost and expense. In the event Tenant fails to register maintain the meter and installation equipment in good working order and repair (of which fact Owner shall be the sole judge) Owner may cause such water consumptionmeter and equipment to be replaced or repaired, and collect the cost thereof from Tenant shall as additional rent. Tenant agrees to pay for water consumed consumed, as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for , and in the event Tenant defaults in the making of such payment, Owner 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 or levy which now or hereafter is assessed, imposed or a lien upon the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises premises, or the building realty of which they are a part, pursuant to any law, order or regulation made or issued in connection with the use, consumption, maintenance or supply of water, the water system or sewage or sewage connection or system. If the building, the demised premises, or any part for such purpose. thereof, is supplied with water through a meter through which water is also supplied to other premises, Tenant shall pay Owner to Owner, as additional rent, on the cost first day of removal each month, 100% of the total meter charges as Tenant’s portion. Independently of, and in addition to, any of Tenant’s refuse and rubbish from the building remedies reserved to Owner hereinabove or elsewhere in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contractthis lease, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained may xxx for and collect any monies to be paid by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accidentTenant, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of paid by Owner, for as long as may be reasonably required by reason thereof. Owner shall make reasonableany of the reasons or purposes hereinabove set forth.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any noticeprovided, a xxxx, statement, demand notice or other communication which Owner may desire or be required or permitted to be given, rendered or made by either party give to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authorityTenant, shall be deemed sufficiently given or rendered if, in writing (whether writing, delivered to Tenant personally or not so stated elsewhere in this lease) and shall be deemed to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery and furnishing a receipt in evidence thereof, addressed to the other party Tenant at the building of which the demised premises form a part or at the last known resident address hereinabove set forth (except that after or business address of Tenant or left at any of the date Tenant commences the conduct of its business in the Demised Premises, aforementioned premises addressed to Tenant’s address, unless Tenant shall give notice to the contrary, shall be the building), and the time of the renditions of such xxxx of statement and of the giving of such notice or communications shall be deemed to have been given, rendered or made (a) on be the date delivered, if time when the same is delivered to Tenant, mailed, or left at the premises as herein provided. [Insert 24] Any notice by Tenant personally, (b) on to Owner must be served by registered or certified mail addressed to Owner at the date delivered if a business day or, if not, then the next business day, if delivered address first hereinabove given or at such other address as Owner shall designate by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand deliverywritten notice. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period provided in this lease for the curing of such defaults, [Insert 25] Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry lavatory purposes, but if Tenant uses or consumes consumed water for any other purposes purpose or in unusual quantities (of which fact Owner shall be the reasonable sole judge), Owner may install a water meter at Tenant’s expense, 's expense which Tenant shall thereafter maintain at Tenant’s 's expense in good working order and repair, repair to register such water consumption, consumption and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are to kept in order clean by Tenant. No , at Tenant's sole expense, in a manner reasonably satisfactory to Owner and no one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s 's refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporatedbuilding; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, accident or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, Owner for as long as may be reasonably required by reason thereof. If the building of which the demised premises are a part supplies manually operated elevator service, Owner shall make reasonableat any time may substitute automatic control elevator service and proceed diligently with alterations necessary therefor without in any way affecting this lease of the obligation of Tenant hereunder.

BILLS AND NOTICES. 28. Except as otherwise in this lease provided any notice, statement, demand or other communication Any notice required or permitted to be given, rendered or made by either party to the other, pursuant to this lease or pursuant to any applicable law or requirement of public authority, given hereunder shall be in writing (whether and may be given by certified mail, return receipt requested, personal delivery, Federal Express or not so stated elsewhere in this lease) and other delivery service. If notice is given by certified mail, return receipt requested, notice shall be deemed given three (3) days after the notice is deposited with the U.S. Mail, postage prepaid. If notice is given by personal delivery, Federal Express or other delivery service, notice shall be deemed given on the date the notice is actually received by Landlord or Tenant. Notices to have been properly given, rendered or made, if sent by registered or certified mail (express mail, if available), return receipt requested or by courier guaranteeing overnight delivery Landlord and furnishing a receipt in evidence thereofTenant shall be addressed as follows: If to Landlord, addressed to the Landlord at: x/x Xxxxxxxx Xxxxxxxxxxx, Inc. 000 Xxxx Xxxxxx, Xxxxxx, XX 00000, Attn.: Mr. Xxxxx Xxxxxx (or to such other party address or addresses as may from time to time hereafter be designated by Landlord by notice). If to Tenant, addressed to: Super PC Memory, Inc., 000 Xxxxxxxx Xxxx Xxxxxxxxxxx, XX 00000, Attn.: Xxxxxx X Xxxx, President, , with a copy to: Cambex Corporation , Attn.: Xxxx Xxxxxxxxx, Vice President, Finance at the same address hereinabove set forth (except that after the date Tenant commences the conduct of its business in the Demised Premises, Tenant’s address, unless Tenant shall give Either party may by notice to the contraryother specify a different address for notice purposes. Notwithstanding the address set forth in the Lease Summary Sheet for Tenant, upon Tenant's taking possession of the Premises, the Premises shall constitute Tenant's address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as Landlord may from time to time designate by notice to Tenant. If Tenant is a partnership, Tenant, for itself, and on behalf of all of its partners, hereby appoints Tenant's Service Partner, as identified on the Lease Summary Sheet, to accept service of any notice, consent, request, xxxx, demand or statement hereunder by Landlord and any service of process in any judicial proceeding with respect to this Lease on behalf of Tenant and as agent and attorney-in-fact for each partner of Tenant. All bills and statements for reimbursement or other payments or charges due from Tenant to Landlord hereunder shall be due and payable in full fifteen (15) days, unless a different period is herein otherwise provided, after submission thereof by Landlord to Tenant. Tenant's failure to make timely payment of any amounts indicated by such bills and statements, whether for work done by Landlord at Tenant's request, reimbursement provided for by this Lease or for any other nuns properly owing by Tenant to Landlord, shall be treated as a default in the building)payment of rent, in which event Landlord shall have all rights and shall be deemed to have been given, rendered or made (a) on the date delivered, if delivered to Tenant personally, (b) on the date delivered if a business day or, if not, then the next business day, if delivered by overnight courier or (c) on the date which is two (2) business days after being mailed. Either party may, by notice as aforesaid, designate a different address or addresses for notices, statements, demand or other communications intended for it. Notice given by Owner’s managing agent shall be deemed a valid notice if addressed and set in accordance with the provisions of this Article. At Owner’s option, notices and bills to Tenant may be sent by hand delivery. Services Provided by Owners: 29. As long as Tenant is not in default under any of the covenants of this lease beyond the applicable grace period remedies provided in this lease Lease for the curing nonpayment of such defaults, Owner shall provide: (a) necessary elevator facilities on business days from 8 a.m. to 6 p.m. and have one elevator subject to call at all other times; (b) heat to the demised premises when and as required by law, on business days from 8 a.m. to 6 p.m.; (c) water for ordinary lavatory, cleaning and pantry purposes, but if Tenant uses or consumes water for any other purposes or in unusual quantities (of which fact Owner shall be the reasonable judge), Owner may install a water meter at Tenant’s expense, which Tenant shall thereafter maintain at Tenant’s expense in good working order and repair, to register such water consumption, and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the demised premises in accordance with the attached cleaning specifications on business days at Owner’s expense provided that the same are kept in order by Tenant. No one other than persons approved by Owner shall be permitted to enter said premises or the building of which they are a part for such purpose. Tenant shall pay Owner the cost of removal of any of Tenant’s refuse and rubbish from the building in excess of standard office rubbish; (e) air conditioning/cooling will be furnished to Tenant from May 15th through September 30th on business days (Mondays through Fridays, holidays excepted) from 8:00 a.m. to 6:00 p.m., and ventilation will be furnished on business days during the aforesaid hours except when air conditioning/cooling is being furnished as aforesaid. If Tenant requires air conditioning/cooling or ventilation for more extended hours or on Saturdays, Sundays or on holidays, as defined under Owner’s contract with the applicable Operating Engineers contract, Owner will furnish the same at Owner’s customary rate, which is presently $500.00 an hour; the foregoing charge shall not apply in the event Tenant uses its own supplementary air conditioning system or a supplementary air conditioning system shared with or maintained by Tinicum Incorporated; (f) Owner reserves the right to stop services of the heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of accident, or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. Owner shall make reasonablerent.