Common use of Excess Usage by Tenant Clause in Contracts

Excess Usage by Tenant. Notwithstanding the Permitted Use set forth in Section 1.9, Tenant shall not use Building utilities or services in excess of those used by the average office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use in the Premises as reflected on the Plans, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. Tenant shall not install at the Premises office machines, lighting fixtures or other equipment which will generate above average heat, noise or vibration at the Premises or which will adversely affect the Building’s HVAC or other systems. If the Premises include or if Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services in excess of those used by the average office building tenant, Landlord shall have the right (but no obligation), in addition to any other rights or remedies it may have under this Lease, to (a) at Tenant’s expense, install additional equipment and/or separate metering devices at the Premises, and to charge Tenant therefor and for such usage, (b) require Tenant to install Supplemental Systems as provided above, (c) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such usage, and/or (d) require Tenant to stop using excess utilities or services.

Excess Usage by Tenant. (a) Notwithstanding the Permitted Use use set forth in Section 1.91.8, and subject to the requirements of (c) below, Tenant shall not use electricity in excess of the Maximum Electrical Consumption, and Tenant shall not use other Building utilities or services in excess of those used by the average a typical office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that . Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use shall only install in the Premises as reflected on the Planstype and amount of office equipment that a typical office tenant would install, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. and Tenant shall not install at in the Premises office machinesequipment, lighting fixtures or other equipment similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect the Building’s temperature maintained by the HVAC or other systemssystem. If the Premises include or if Landlord believes Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services is using electricity in excess of those used by the average office building tenantMaximum Electrical Consumption, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (ai) at Tenant’s expense, install additional equipment and/or separate sub-metering devices at the Premises, Premises to measure Tenant’s electrical usage and to charge Tenant therefor and for such usage, (b) require Tenant to install Supplemental Systems as provided above, (cii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (d) . Landlord shall have the right to require Tenant to stop provide Landlord with copies of bills from electricity, natural gas or similar energy providers (collectively, “Energy Providers”) Tenant receives from Energy Providers relating to Tenant’s energy use at the Premises (“Energy Bills”) within ten (10) days after Landlord’s written request. In addition, Tenant hereby authorizes Landlord to obtain copies of the Energy Bills directly from the Energy Provider(s), and Tenant hereby authorizes each Energy Provider to provide Energy Bills and related usage information directly to Landlord without Tenant’s consent. From time to time within ten (10) days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Energy Provider(s) to provide to Landlord Energy Bills and other information relating to Tenant’s energy usage at the Premises. (b) If the Premises contains a computer room, telecommunications room or other area that is serviced by a separate HVAC unit on a continuous basis (a “Separate HVAC Unit”), Tenant shall pay at Tenant’s sole expense the entire cost of all electricity used by the Separate HVAC Unit (the “Separate HVAC Unit Electrical Cost”). No portion of the Separate HVAC Unit Electrical Cost shall be paid by Landlord, and Tenant shall not be entitled to receive any credit towards Separate HVAC Unit Electrical Costs for electricity used by the Separate HVAC Unit during Business Hours. Landlord may determine the Separate HVAC Unit Electrical Cost by installing, at Tenant’s expense, a separate metering device or by estimating the cost of such usage. The Separate HVAC Unit Electrical Cost shall be paid by Tenant within ten (10) days after Landlord provides to Tenant a ▇▇▇▇ for such usage. In addition, if there is an existing Separate HVAC Unit in the Premises when Tenant leases the Premises, Tenant accepts such existing Separate HVAC Unit in its “as is” condition. Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining, repairing and, when necessary, replacing any Separate HVAC Unit. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for all Separate HVAC Units, using maintenance contract forms and with companies approved by Landlord, in Landlord’s sole discretion (the “Maintenance Contracts”). Tenant shall provide copies of the Maintenance Contracts to Landlord within ten (10) days after the Commencement Date, and within ten (10) days after such contracts are modified or renewed, and at other times upon Landlord’s request. (c) Landlord reserves the right to measure the electricity used by Tenant in the Premises from time to time (the “Premises Electrical Consumption”) using Sub-Metering Devices (as defined below). Each month Tenant shall have the right to use electricity during Business Hours in an amount not to exceed five (5) ▇▇▇▇▇ multiplied by the number of usable square feet in the Premises multiplied by the total number of Business Hours in the month (“Maximum Business Hours Usage”). Landlord shall have the right, in Landlord’s sole discretion, to require Tenant to pay for some or all of the electricity used in the Premises during Business Hours in excess utilities of the Maximum Business Hours Usage. Landlord shall determine the cost of Tenant’s electricity usage using the local utility rate for the Building’s electrical service and Landlord may add to the cost of Tenant’s electricity usage any costs incurred by Landlord in billing such charges to Tenant. Each month Landlord shall have the right, in Landlord’s sole discretion, to require Tenant to pay for some or servicesall of the electricity used in the Premises that month during Non-Business Hours (“Non-Business Hours Usage”), and Tenant shall receive no electricity credit or allotment for Non-Business Hours Usage. If electrical consumption for lighting, convenience outlets and/or other equipment in the Premises is not now separately metered, Landlord may, at Landlord’s expense, separately meter electrical consumption for lighting, convenience outlets and/or other equipment in the Premises using E-Mon D-Mon meters or similar devices (collectively, “Sub-Metering Devices”). If Landlord installs Sub-Metering Devices, and based on readings from the Sub-Metering Devices it is determined that Tenant is using electricity in excess of the Maximum Business Hours Usage, Tenant shall reimburse Landlord for the costs Landlord has incurred in causing the Sub-Metering Devices to be installed. Landlord may, but shall not be obligated to, take into consideration the times at which Tenant is using electricity in determining the amount paid by Tenant for its electrical usage. Landlord shall have the right to ▇▇▇▇ Tenant for its electricity usage periodically, and Tenant shall pay such bills within ten (10) days after receipt. Landlord’s failure to ▇▇▇▇ Tenant for its electrical usage for any given period shall not constitute Landlord’s waiver of its right to collect such amount at a later date or otherwise prejudice Landlord’s rights hereunder. The payment by Tenant of electrical costs pursuant to this section shall not limit Tenant’s obligation to pay for after-hours HVAC charges as provided in 11.4 above or to pay for the Separate HVAC Unit Electrical Cost as provided in (b) above.

Excess Usage by Tenant. Notwithstanding the Permitted Use use set forth in Section 1.91.5, Tenant shall not use Building utilities or services in excess of those used by the average office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use in the Premises as reflected on the Plans, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. Tenant shall not install at the Premises office machines, lighting fixtures or other equipment which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the Building’s temperature maintained by the HVAC or other systemssystem. If the Premises include or if Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services in excess of those used by the average office building tenant, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (a) at Tenant’s 's expense, install additional equipment and/or separate metering devices at the Premises, and to charge Tenant therefor and for such its usage, (b) require Tenant to install Supplemental Systems as provided above, (c) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such usage, and/or and (dc) require Tenant to stop using excess utilities or services. IN THE EVENT TENANT OPERATES AS A DATA CENTER, LANDLORD AGREES TO PERMIT TENANT TO INSTALL, OPERATE, MAINTAIN AND REPLACE AN UNINTERRUPTED POWER SOURCE (UPS), STATIONARY BATTERIES, CHARGERS, AND/OR GENERATORS PROVIDED TENANT OBTAINS ALL NECESSARY APPROVALS, PERMITS AND LICENSES FROM ALL GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER SUCH MATTERS. LANDLORD ALSO AGREES TO PERMIT TENANT, SUBJECT TO THE TERMS AND CONDITIONS OF THIS LEASE, TO UTILIZE A PORTABLE GENERATOR DURING EMERGENCIES, OR ON AN AS-NEEDED BASIS. IN THE EVENT THAT LANDLORD INSTALLS SEPARATE METERING DEVICES AT THE PREMISES AS PROVIDED IN (b) ABOVE, TENANT SHALL 18 24 PAY TO LANDLORD, WITHIN THIRTY (30) DAYS FROM RECEIPT OF AN INVOICE FROM LANDLORD, ALL CHARGES FOR ELECTRICITY SUPPLIED TO THE PREMISES. AT LANDLORD'S OPTION, HOWEVER, LANDLORD MAY, FROM TIME TO TIME, REASONABLY ESTIMATE WHAT TENANTS CHARGES FOR ELECTRICITY FOR THE PREMISES SHALL BE, AND THE SAME SHALL BE PAYABLE BY TENANT MONTHLY DURING THE TERM ON THE SAME DAY AS BASE RENT IS DUE HEREUNDER PROVIDED LANDLORD AFFORDS TENANT THIRTY (30) DAYS NOTICE OF THE AMOUNT OF SUCH ESTIMATE. LANDLORD SHALL PERIODICALLY DELIVER TO TENANT INVOICES FOR ACTUAL ELECTRICITY SUPPLIED TO THE PREMISES. IF TENANT'S PAYMENTS FOR ESTIMATED ELECTRICITY CHARGES EXCEED THE ACTUAL ELECTRICITY CHARGES, THEN TENANT SHALL RECEIVE A CREDIT AGAINST THE ESTIMATED PAYMENT FOR ELECTRICITY NEXT FALLING DUE. IF TENANT'S PAYMENTS FOR ESTIMATED ELECTRICITY CHARGES WERE LESS THAN THE ACTUAL ELECTRICITY CHARGES, THEN TENANT SHALL PAY TO LANDLORD THE AMOUNT OF THE DEFICIENCY WITHIN THIRTY (30) DAYS AFTER DELIVERY BY LANDLORD TO TENANT OF SAID INVOICE. INVOICES FOR ELECTRICITY CHARGES SHALL NOT INCLUDE ANY MARK-▇▇ BY LANDLORD FOR SAID ELECTRICITY. IN ADDITION, ELECTRICITY SUPPLIED TO THE COMMON AREAS SHALL BE A COMPONENT OF OPERATING EXPENSES FOR WHICH TENANT IS LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4.2 OF THE LEASE.

Excess Usage by Tenant. (a) Notwithstanding the Permitted Use use set forth in Section 1.91.8, Tenant shall not use Building utilities or services in excess of those used by the average a typical office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that . Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use shall only install in the Premises as reflected on the Planstype and amount of office equipment that a typical office tenant would install, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. and Tenant shall not install at in the Premises office machinesequipment, lighting fixtures or other equipment similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the Building’s temperature maintained by the HVAC or other systemssystem. If the Premises include or if Landlord believes Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services is using electricity in excess of those that used by the average a typical office building tenanttenant using its premises for ordinary office use, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (ai) at Tenant’s 's expense, install additional equipment and/or separate metering devices at the Premises, and Premises to charge Tenant therefor and for such measure Tenant’s electrical usage, (b) require Tenant to install Supplemental Systems as provided above, (cii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (diii) require Tenant to stop using electricity in excess utilities of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or servicesother entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten (10) days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide other information to Landlord concerning Tenant’s electrical usage at the Premises. (b) If the Premises contains a computer room, telecommunications room or other area that is serviced by a separate HVAC unit on a continuous basis (a “Separate HVAC Unit”), Tenant shall pay at Tenant’s sole expense the entire cost of all electricity used by the Separate HVAC Unit (the “Separate HVAC Unit Electrical Cost”). Landlord may determine the Separate HVAC Unit Electrical Cost by installing, at Tenant’s expense, a separate metering device or by estimating the cost of such usage. The Separate HVAC Unit Electrical Cost shall be paid by Tenant within ten (10) days after Landlord provides to Tenant a ▇▇▇▇ for such usage. In addition, if there is an existing Separate HVAC Unit in the Premises when Tenant leases the Premises, Tenant accepts such existing Separate HVAC Unit in its “as is” condition. Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining, repairing and, when necessary, replacing any Separate HVAC Unit. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for all Separate HVAC Units, using maintenance contract forms and with companies approved by Landlord, in Landlord’s sole discretion (the “Maintenance Contracts”). Tenant shall provide copies of the Maintenance Contracts to Landlord within ten (10) days after the Commencement Date, and within ten (10) days after such contracts are modified or renewed, and at other times upon Landlord’s request.

Excess Usage by Tenant. (a) Notwithstanding the Permitted Use use set forth in Section 1.91.8, and subject to the requirements of (c) below, Tenant shall not use electricity in excess of the Maximum Electrical Consumption, and Tenant shall not use other Building utilities or services in excess of those used by the average a typical office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that . Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use shall only install in the Premises as reflected on the Planstype and amount of office equipment that a typical office tenant would install, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. and Tenant shall not install at in the Premises office machinesequipment, lighting fixtures or other equipment similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the Building’s temperature maintained by the HVAC or other systemssystem. If the Premises include or if Landlord believes Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services is using electricity in excess of those used by the average office building tenantMaximum Electrical Consumption, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (ai) at Tenant’s 's expense, install additional equipment and/or separate metering devices at the Premises, and Premises to charge Tenant therefor and for such measure Tenant’s electrical usage, (b) require Tenant to install Supplemental Systems as provided above, (cii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (diii) require Tenant to stop using electricity in excess utilities of the Maximum Electrical Consumption. (b) If the Premises contains a computer room, telecommunications room or servicesother area that is serviced by a separate HVAC unit on a continuous basis (a “Separate HVAC Unit”), Tenant shall pay at Tenant’s sole expense the entire cost of all electricity used by the Separate HVAC Unit (the “Separate HVAC Unit Electrical Cost”). No portion of the Separate HVAC Unit Electrical Cost shall be paid by Landlord, and Tenant shall not be entitled to receive any credit towards Separate HVAC Unit Electrical Costs for electricity used by the Separate HVAC Unit during Business Hours. Landlord may determine the Separate HVAC Unit Electrical Cost by installing, at Tenant’s expense, a separate metering device or by estimating the cost of such usage. The Separate HVAC Unit Electrical Cost shall be paid by Tenant within ten (10) days after Landlord provides to Tenant a bill for such usage. In addition, if there is an existing Separate HVAC Unit in the Premises when Tenant leases the Premises, Tenant accepts such existing Separate HVAC Unit in its “as is” condition. Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining, repairing and, when necessary, replacing any Separate HVAC Unit. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for all Separate HVAC Units, using maintenance contract forms and with companies approved by Landlord, in Landlord’s sole discretion (the “Maintenance Contracts”). Tenant shall provide copies of the Maintenance Contracts to Landlord within ten (10) days after the Commencement Date, and within ten (10) days after such contracts are modified or renewed, and at other times upon Landlord’s request. (c) Landlord reserves the right to measure the electricity used by Tenant in the Premises from time to time (the “Premises Electrical Consumption”) using Sub-Metering Devices (as defined below). Each month Tenant shall have the right to use electricity during Business Hours in an amount not to exceed five (5) w▇▇▇▇ multiplied by the number of usable square feet in the Premises multiplied by the total number of Business Hours in the month (“Maximum Business Hours Usage”). Landlord shall have the right, in L▇▇▇▇▇▇▇’s sole discretion, to require Tenant to pay for some or all of the electricity used in the Premises during Business Hours in excess of the Maximum Business Hours Usage. Landlord shall determine the cost of Tenant’s electricity usage using the local utility rate for the Building’s electrical service and Landlord may add to the cost of Tenant’s electricity usage any costs incurred by Landlord in billing such charges to Tenant. Each month Landlord shall have the right, in Landlord’s sole discretion, to require Tenant to pay for some or all of the electricity used in the Premises that month during Non-Business Hours (“Non-Business Hours Usage”), and Tenant shall receive no electricity credit or allotment for Non-Business Hours Usage. If electrical consumption for lighting, convenience outlets and/or other equipment in the Premises is not now separately metered, Landlord may, at Landlord’s expense, separately meter electrical consumption for lighting, convenience outlets and/or other equipment in the Premises using E-Mon D-Mon meters or similar devices (collectively, “Sub-Metering Devices”). If Landlord installs Sub-Metering Devices, and based on readings from the Sub-Metering Devices it is determined that Tenant is using electricity in excess of the Maximum Business Hours Usage, Tenant shall reimburse Landlord for the costs Landlord has incurred in causing the Sub-Metering Devices to be installed. Landlord may, but shall not be obligated to, take into consideration the times at which Tenant is using electricity in determining the amount paid by Tenant for its electrical usage. Landlord shall have the right to bill Tenant for its electricity usage periodically, and Tenant shall pay such bills within ten (10) days after receipt. Landlord's failure to bill Tenant for its electrical usage for any given period shall not constitute Landlord's waiver of its right to collect such amount at a later date or otherwise prejudice Landlord's rights hereunder. The payment by Tenant of electrical costs pursuant to this section shall not limit Tenant’s obligation to pay for after hours HVAC charges as provided in 11.4 above or to pay for the Separate HVAC Unit Electrical Cost as provided in (a) above.

Excess Usage by Tenant. (a) Notwithstanding the Permitted Use use set forth in Section 1.91.8, and subject to the requirements of (c) below, Tenant shall not use electricity in excess of the Maximum Electrical Consumption, and Tenant shall not use other Building utilities or services in excess of those used by the average a typical office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that . Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use shall only install in the Premises as reflected on the Planstype and amount of office equipment that a typical office tenant would install, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. and Tenant shall not install at in the Premises office machinesequipment, lighting fixtures or other equipment similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the Building’s temperature maintained by the HVAC system. The parties agree that items listed, depicted or other systems. If the Premises include or if Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified described on the Layout Space Plan attached hereto as Exhibit A, are considered “typical office equipment.” If Landlord believes Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services is using electricity in excess of those used by the average office building tenantMaximum Electrical Consumption, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (ai) at Tenant’s expense, install additional equipment and/or separate metering devices at the Premises, and Premises to charge Tenant therefor and for such measure Tenant’s electrical usage, (b) require Tenant to install Supplemental Systems as provided above, (cii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (diii) require Tenant to stop using electricity in excess utilities of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or servicesother entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within twenty (20) days after Landlord’s written request. (b) If the Premises contains a computer room, telecommunications room or other area that is serviced by a separate HVAC unit on a continuous basis (a “Separate HVAC Unit”), Tenant shall pay at Tenant’s sole expense the entire cost of all electricity used by the Separate HVAC Unit (the “Separate HVAC Unit Electrical Cost”). No portion of the Separate HVAC Unit Electrical Cost shall be paid by Landlord, and Tenant shall not be entitled to receive any credit towards Separate HVAC Unit Electrical Costs for electricity used by the Separate HVAC Unit during Business Hours. Landlord may determine the Separate HVAC Unit Electrical Cost by installing, at Tenant’s expense, a separate metering device or by estimating the cost of such usage; provided, however, that Tenant may elect to use the Improvement Allowance (as defined in the Work Letter Agreement attached hereto) to pay for the separate metering device. The Separate HVAC Unit Electrical Cost shall be paid by Tenant within twenty (20) days after Landlord provides to Tenant a ▇▇▇▇ for such usage. In addition, if there is an existing Separate HVAC Unit in the Premises when Tenant leases the Premises, Tenant accepts such existing Separate HVAC Unit in its “as is” condition. Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining, repairing and, when necessary, replacing any Separate HVAC Unit. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for all Separate HVAC Units, using maintenance contract forms and with companies approved by Landlord, in Landlord’s sole discretion (the “Maintenance Contracts”). Tenant shall provide copies of the Maintenance Contracts to Landlord within twenty (20) days after the Commencement Date, and within ten (10) days after such contracts are modified or renewed, and at other times upon Landlord’s request. (c) Landlord reserves the right to measure the electricity used by Tenant in the Premises from time to time (the “Premises Electrical Consumption”) using Sub-Metering Devices (as defined below). Each month Tenant shall have the right to use electricity during Business Hours in an amount not to exceed five (5) ▇▇▇▇▇ multiplied by the number of usable square feet in the Premises multiplied by the total number of Business Hours in the month (“Maximum Business Hours Usage”). Landlord shall have the right, in Landlord’s sole discretion, to require Tenant to pay for some or all of the electricity used in the Premises during Business Hours in excess of the Maximum Business Hours Usage. Landlord shall determine the cost of Tenant’s electricity usage using the local utility rate for the Building’s electrical service and Landlord may add to the cost of Tenant’s electricity usage any actual costs incurred by Landlord in billing such charges to Tenant. Each month Landlord shall have the right, in Landlord’s sole discretion, to require Tenant to pay for some or all of the electricity used in the Premises that month during Non-Business Hours (“Non-Business Hours Usage”), and Tenant shall receive no electricity credit or allotment for Non-Business Hours Usage. If electrical consumption for lighting, convenience outlets and/or other equipment in the Premises is not now separately metered, Landlord may, at Landlord’s expense, separately meter electrical consumption for lighting, convenience outlets and/or other equipment in the Premises using E-Mon D-Mon meters or similar devices (collectively, “Sub-Metering Devices”). If Landlord installs Sub-Metering Devices, and based on readings from the Sub-Metering Devices it is determined that Tenant is using electricity in excess of the Maximum Business Hours Usage, Tenant shall reimburse Landlord for the costs Landlord has incurred in causing the Sub-Metering Devices to be installed. Landlord may, but shall not be obligated to, take into consideration the times at which Tenant is using electricity in determining the amount paid by Tenant for its electrical usage. Landlord shall have the right to ▇▇▇▇ Tenant for its electricity usage periodically, and Tenant shall pay such bills within twenty (20) days after receipt. Landlord’s failure to ▇▇▇▇ Tenant for its electrical usage for any given period shall not constitute Landlord’s waiver of its right to collect such amount at a later date or otherwise prejudice Landlord’s rights hereunder. The payment by Tenant of electrical costs pursuant to this section shall not limit Tenant’s obligation to pay for after hours HVAC charges as provided in 11.4 above or to pay for the Separate HVAC Unit Electrical Cost as provided in (a) above.

Excess Usage by Tenant. (a) Notwithstanding the Permitted Use use set forth in Section 1.91.8, Tenant shall not use Building utilities or services in excess of those used by the average a typical office building tenant using its premises for ordinary office use; provided, however, that the parties hereby acknowledge and agree that . Tenant may use the Building utilities or services for the Permitted Use, as contemplated by the Layout Plan attached hereto as Exhibit A, and Landlord agrees that the HVAC capacity of the Building and the Premises upon completion of the Landlord’s Work in accordance with the Plans will be adequate for normal office use shall only install in the Premises as reflected on the Planstype and amount of office equipment that a typical office tenant would install, given an occupancy not exceeding one person per 125 square feet of usable area in the Premises. and Tenant shall not install at in the Premises office machinesequipment, lighting fixtures or other equipment similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect the Building’s temperature maintained by the HVAC or other systemssystem. If the Premises include or if Landlord reasonably determines that Tenant hereafter installs any computer, telecommunications or other so-called “special purpose” room or area, other than the “computer room” currently identified on the Layout Plan attached hereto as Exhibit A, Tenant shall at its sole cost and expense, provide such supplemental heating, ventilation and air conditioning equipment and systems (the “Supplemental Systems”) as may be required to keep such room or area at the proper temperature and environmental conditions. All Supplemental Systems shall be subject to Landlord’s prior review and consent and other conditions in Article 7, and if approved, shall be maintained, repaired and replaced as necessary by Tenant, so as not to impose any additional load on the Building systems. Tenant shall pay, as additional rent, the cost of electricity, water and other materials necessary for the proper operation of Supplemental Systems, as well as any costs or expenses incurred by Landlord to provide additional capacity for Building systems to accommodate or provide the same. Without limiting the foregoing, if Tenant does use Building utilities or services is using electricity in excess of those the that used by the average a typical office building tenanttenant using its premises for ordinary office use, Landlord shall have the right (but no obligation)right, in addition to any other rights or remedies it may have under this Lease, to (a) at Tenant’s expense, install additional equipment and/or separate metering devices at the Premises, and to charge Tenant therefor and for such usage, (b) require Tenant to install Supplemental Systems as provided above, (ci) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (dii) require Tenant to stop using electricity in excess utilities of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or servicesother entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten (10) business days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide other information to Landlord concerning Tenant’s electrical usage at the Premises. (b) If the Premises contains a computer room, telecommunications room or other area that is serviced by a separate HVAC unit on a continuous basis (a “Separate HVAC Unit”), Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining, repairing and, when necessary, replacing any Separate HVAC Unit. In addition, if there is an existing Separate HVAC Unit in the Premises when Tenant leases the Premises, Tenant accepts such existing Separate HVAC Unit in its “as is” condition. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for all Separate HVAC Units, using maintenance contract forms and with companies approved by Landlord, in Landlord’s sole discretion (the “Maintenance Contracts”). Tenant shall provide copies of the Maintenance Contracts to Landlord within thirty (30) days after the Commencement Date, and within ten (10) days after such contracts are modified or renewed, and at other times upon Landlord’s request.