Common use of Landlord Services Clause in Contracts

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rata.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant's expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant's receipt thereof. Landlord's charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide (i) patrol service to monitor the Premises at Parking Areas and Building entrances, (ii) the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges for such following information technology services at the Building Rate. As used herein(collectively, the term “Building Rate” shall mean Landlord’s cost of providing HVAC IT Services”): telephone, voice, internet, local area network (LAN), virtual private network (VPN) services and other services incidental thereto, and (iii) mailroom services, including shipping and receiving. B. Except as reasonably otherwise set forth above, the Landlord Services shall be provided during normal business hours as determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From Landlord shall provide routine maintenance, painting and after the date that Tenant first occupies any portion electrical lighting service for all Common Areas and special service areas of the Premises for Property in the conduct of Tenant’s businessmanner and to the extent deemed by Landlord to be standard. Subject to paragraph 5 above, Landlord shall continue repair and maintain all HVAC units servicing the Premises excluding repairs or maintenance due to operate the Building in the same manner failure to distribute air properly as it is being operated as a result of the date hereof and design of the HVAC system. Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) provide janitorial service to the Premises, during five days a week, Monday – Friday, after 6:30PM. Landlord may, in its sole discretion, provide additional services not enumerated herein.” 14. The following provision shall hereby be added to the hours between 8:00 A.M. and 6:00 P.M. on Business Daysend of Section 4.4 of the Lease: “Notwithstanding any other term contained herein, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in the event that any interruption or failure of any emergency HVAC, electrical service, water and at all other times upon reasonable prior notice to any and all mechanical installations plumbing services or a significant portion of the parking spaces are inaccessible or unusable was a result of the gross negligence of Landlord, including air-coolingor its employees, fanor agents, ventilating and machine roomsthe interruption occurs for more than three consecutive days, electrical closets and IDF riser closets; Tenant is unable to conduct its business in the Premises, Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access thereto, or unreasonably interfere with have the moving of Landlord’s equipment right to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor Rent commencing as of the Premises based fourth day after such interruption or failure, and upon prior written notice to Landlord, and such abatement shall continue until such time as the service is restored.” Section 5.1 of the Lease is hereby deleted in its design criteria, occupancy, equipment entirety and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord replaced as Additional Charges for such services at the Building Rate. As used herein, the term follows: “Building Rate” shall mean Landlord’s cost of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish make any such services improvements, replacements or repairs of any kind or character to the Premises during the Term of this Lease except as are set forth in this Section or the Addendum. Landlord shall maintain only the roof, foundation, parking, HVAC, and Common Areas, and the structural soundness of the Buildings. Landlord’s cost of maintaining and repairing the items set forth in this Section are subject to the additional rent provisions in Section 2.3 and 2.4. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any Overtime Periods damage or inconvenience, and Tenant shall not be entitled to any damages nor to any abatement or reduction of Rent because of any repairs, alterations, or additions made by Landlord under this Lease unless Landlord has received advance written notice delivered a result of Landlord’s negligence or willful misconduct.” 16. Section 5.2 (d) shall be deleted in its entirety. 17. Paragraph 4 of the Addendum to Lease shall be deleted in its entirety and replaced as follows: “During the Lease Term, Tenant will provided to Landlord, a clean, unconditional, irrevocable, payable-at-sight letter of credit, which shall conform, in all material respects to the form attached hereto as Exhibit (use same exhibit as already in the lease) in the stated principal amount of $1,500,000.00, drawn on a bank chartered in North Carolina and approved by Landlord (“LOC”). Tenant’s designated building manager from Tenant requesting such services prior to 3:00 P.M. current LOC satisfies the foregoing requirements. The LOC shall name Landlord as its beneficiary and shall remain outstanding until 30 days after the expiration of the day upon which such services are requested or by 3:00 P.M. Lease Term, including all extensions and renewals. If there shall be a monetary event of default under the Lease, in addition to the remedies set forth in Section 11.2 of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Lease, Landlord such advance shall have the right immediately, without further notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, draw on the LOC in whole or in partpart at Landlord’s sole discretion to reimburse Landlord for the default and all related costs. Notwithstanding the forgoing, or entitle Landlord shall provide Tenant the right to any abatement or diminution cure said monetary default provided such default is cured within seven business days. Tenant must provide to Landlord a replacement letter of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing credit in the same system as Tenant requests amount and with the same Overtime Periods terms, and pay to Landlord a nonrefundable fee of $2,500.00 to reimburse Landlord for its costs associated with drawing upon the same services LOC. The LOC may be reduced by Tenant as Tenantfollows: a. beginning on month 37 of the Renewal Term: to $1,250,000.00; b. beginning on month 49 of the Renewal Term: to $1,000,000.00; c. beginning on month 61 of the Renewal Term: to $750,000.00; and d. beginning on month 73 of the Renewal Term: to $500,000.00. In the event Tenant can provide evidence of $10,000,000.00 in positive stockholder’s equity after the completion of an initial public offering, Tenant may replace the charge to LOC with a cash security deposit in the amount of $500,000.00. Tenant shall be adjusted pro rataprovide Landlord with the prospectus and any other reasonable materials requested by Landlord to prove such financial requirements.”

Landlord Services. (a) From a. Preventive maintenance service for Tenant's heating, ventilating and after air-conditioning system; landscaping, streetscaping, parking lot repair and maintenance and sweeping and electrical power for the date that Tenant first occupies any portion Common Areas and lighting for the Common Areas of the Property and other areas of the Property; b. Cleaning and janitorial service five (5) days each week throughout the Term so that the exterior Common Areas of the Building and/or Property are cleaned according to the standards set forth in the janitorial service specifications attached as EXHIBIT E; c. Water and sewer reasonably used in the Premises and the Common Areas with the exception of commercial enterprises which require excessive amounts of water for the conduct of Tenant’s their business, Landlord shall continue the latter cost thereof being paid as Additional Rent hereunder as billed to operate the Building in the same manner as it is being operated as of the date hereof Tenant by Landlord; and Landlord shall furnish Tenant with reserves the following services (collectively, “Landlord Services”): (i) Landlord shall furnish air conditioning, ventilation and heat (“HVAC”) (x) right to the common areas of the Building, including the Building lobby to the extent such areas would customarily be provided with such services and (y) to enter the Premises, during the with forty-eight (48) hours between 8:00 A.M. and 6:00 P.M. on Business Daysprior written notice (facsimile notice is acceptable) so as to minimize any interference with Tenant's business, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time excepting therefrom in the event of an emergency, to install and maintain pipes, energy submeters, conduits and other appurtenances in the soffit or other space above the ceilings or ceiling line, the walls and under any emergency and at all floors of the Premises, which appurtenances or the like may be for other times upon reasonable prior notice tenants of the building in which the Premises is situated. Subparagraphs (a) through (d) shall collectively be referred to as "Landlord's Services." The failure by Landlord, to any and all mechanical installations extent, to furnish, or the interruption or termination of Landlord's Services, including air-coolingin whole or part, fan, ventilating and machine rooms, electrical closets and IDF riser closets; Tenant resulting from causes beyond the reasonable control of Landlord shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s free access theretorender Landlord liable in any respect, or unreasonably interfere with the moving nor be construed as an eviction of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agentswork an abatement of Aggregate Monthly Rent, employees nor relieve Tenant from the obligation to fulfill any covenant or contractors agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall at any time enter the said enclosures have no claim for offset or tamper with, adjust abatement of rent or touch or otherwise damages on account of an interruption in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancyservice resulting therefrom. Tenant further acknowledges shall contract directly with the utility company for all electrical, water, janitorial, and telephone provided to the Premises; provided that Landlord shall use commercially reasonable efforts to restore any Landlord Service which has been interrupted, as soon as practicable. Notwithstanding the normal operation foregoing, if any of the HVAC System is Landlord's Services are not designed to provide sufficient cooling of portions of the Premises which restored within five (5) business days, Tenant's Aggregate Monthly Rent under this Lease shall have an electrical load in excess of four (4) ▇a▇▇▇▇ per usable square foot each day after such five (5) business day period that such service is not restored. If Landlord fails to perform any maintenance or repair work required hereunder within thirty (30) days following Landlord's receipt of area written notice from Tenant of the need for all purposes such repairs (including lighting and power) or which shall have a human occupancy factor such period of time in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises thirty (30) days, as is reasonably necessary based upon its design criteriathe nature of such work, occupancy, equipment provided Landlord commences and lighting and other factors which affect diligently pursues the effective cooling or heating of each floor. work during such thirty (iii30) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periodsday period), then Tenant shall pay Landlord as Additional Charges for be permitted to make such services at the Building Rate. As used herein, the term “Building Rate” shall mean Landlord’s cost repairs upon delivery of providing HVAC services, as reasonably determined by Landlord an additional three (without additional charge), computed on the basis of (a3) the cost of labor and (b) charges for electricity and other utilities. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance business days' prior written notice delivered to Landlord’s designated building manager from Landlord indicating that Tenant requesting will be undertaking such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance noticerepairs, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to and Tenant shall be adjusted pro rataentitled to recover from Landlord the reasonable costs of such repairs made by Tenant.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant’s expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant’s receipt thereof. Landlord’s charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide patrol service to monitor the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord Parking Areas and Building entrances. B. Except as Additional Charges for such services at the Building Rate. As used hereinotherwise set forth above, the term “Building Rate” Landlord Services shall mean Landlord’s cost of providing HVAC services, be provided during normal business hours as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of A. Landlord shall use its reasonable best efforts to furnish the Premises for the conduct of Tenant’s business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, the “Landlord Services”): (i) Tepid water (at the normal temperature of the supply of water to the Building) for lavatory and toilet purposes, refrigerated water for drinking purposes, and hot water, all of such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord either in the Common Areas or the Premises, as Landlord shall determine; (ii) Landlord shall furnish seasonable air conditioningconditioning and heating during normal business hours as determined by Landlord in its reasonable discretion. Should Tenant desire either heating or air conditioning at other times, ventilation Landlord agrees to provide same, but at Tenant’s expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor; (iii) Landlord shall furnish electric current for Building standard tenant lighting and heat (“HVAC”small business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) (x) in the electrical closets located adjacent to the common areas Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rate share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, including the without Landlord’s prior written consent in each instance, connect any items such as non-Building lobby standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, laboratory equipment, and other related equipment to the extent Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such areas would customarily be items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided with above, electric current in excess of 208/120 volts for purposes other than Building Standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such services and (y) supplemental power or circuits to the Premises, during which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the hours between 8:00 A.M. cost of the design, installation and 6:00 P.M. maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on Business Daysdemand, subject to all Laws the cost of the design, installation and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. Landlord, throughout the Term, shall have free access at any time in maintenance of such metering facilities. In the event of any emergency such additional electrical power is not separately metered, Landlord may utilize agreed upon estimates to pay for such additional electric power and at all other times Tenant agrees to pay for such additional agreed upon reasonable prior notice estimates on a monthly basis, in addition to any and all mechanical installations of Landlord, including air-cooling, fan, ventilating and machine rooms, electrical closets and IDF riser closets; other rent or charges hereunder. Tenant shall not construct partitions have access to any electrical closets in the Building; any electrical engineering design or other obstructions which may unreasonably interfere with contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord’s free access thereto. All invoices respecting the design, or unreasonably interfere with the moving of Landlord’s equipment to installation and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“Overtime Periods”), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation maintenance of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. facilities requested by Tenant shall be responsible for the proper distribution paid within thirty (30) days of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any Tenant’s receipt thereof. Landlord’s charge to Tenant for the furnishing cost of any HVAC electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant. (iv) Waste disposal, cleaning and janitorial service, including the supplying and installing of paper towels, toilet tissue and soap in the Common Areas on Monday through Friday of each week except legal holidays; provided, however, Tenant shall be responsible at its own cost for hazardous waste disposal, cleaning of laboratory areas within the Premises, and carpet cleaning other than routine vacuuming; (v) Replacement of all lamps, bulbs, starters and ballasts in Building Standard lighting as required from time to time as a result of normal usage; (vi) Cleaning and maintenance of the Parking Areas and Common Areas, including the removal of rubbish and snow; (vii) Washing of exterior and interior windows at intervals reasonably established by Landlord; (viii) Exterior lighting and pass-card or other security access to the Premises during Overtime PeriodsBuilding after standard building hours; and (ix) Automatic elevator service. AccordinglyLandlord in its sole discretion may, if Landlord furnishes HVAC but shall not be obligated to, provide patrol service to monitor the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord Parking Areas and Building entrances. B. Except as Additional Charges for such services at the Building Rate. As used hereinotherwise set forth above, the term “Building Rate” Landlord Services shall mean Landlord’s cost of providing HVAC services, be provided during normal business hours as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilitiesin its reasonable discretion. Landlord shall give Tenant at least seventy-two (72) hours advance notice of any utilities which will be unavailable within the knowledge and control of Landlord. C. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in this Section 5.04 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be required deemed an eviction or disturbance of Tenant’s right to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s designated building manager from Tenant requesting such services prior to 3:00 P.M. possession, occupancy and use of the day upon which such services are requested Premises or by 3:00 P.M. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in partpart thereof, or entitle render Landlord liable to Tenant to any for damages by abatement of rent or diminution of Rentotherwise, or relieve Tenant from any of the obligation to perform its obligations covenants under this Lease, or impose any liability upon Landlord or its agents by reason including the payment of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro ratarent.

Landlord Services. (a) From and after the date that Tenant first occupies any portion of the Premises for the conduct of Tenant’s 's business, Landlord shall continue to operate the Building in the same manner as it is being operated as of the date hereof and Landlord shall furnish Tenant with the following services (collectively, “"Landlord Services”"): (i) Landlord shall furnish air conditioning, ventilation and heat (“"HVAC”") (xi) to the common areas of the Building, including including, without limitation, the Building lobby to the extent such areas would customarily be provided with such services and (yii) to the Premises, during the hours between 8:00 A.M. and 6:00 P.M. on Business DaysDays throughout the year, subject to all Laws and in accordance with the Specifications for HVAC, which are attached hereto as Exhibit E. D. Landlord, throughout the Term, shall have free access at any time in the event of any emergency and at all other times upon reasonable prior notice to any and all mechanical installations of Landlord, including including, but not limited to, air-cooling, fan, ventilating and machine rooms, rooms and electrical closets and IDF riser closets; Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord’s 's free access thereto, or unreasonably interfere with the moving of Landlord’s 's equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (ii) Tenant acknowledges that, during hours other than Business Hours (“"Overtime Periods”"), the Premises will likely require overtime or alternative HVAC for comfortable occupancy. Tenant further acknowledges that the normal operation of the HVAC System is not designed to provide sufficient cooling of portions of the Premises which shall have an electrical load in excess of four (4) 4 ▇▇▇▇▇ per usable square foot of area for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 150 square feet of usable area. Tenant shall be responsible for the proper distribution of HVAC throughout each floor of the Premises based upon its design criteria, occupancy, equipment and lighting and other factors which affect the effective cooling or heating of each floor. (iii) The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, then Tenant shall pay Landlord as Additional Charges additional rent for such services at the Building RateRate as determined from time to time, which Building Rate is currently $242.50 per hour. As used herein, the term “"Building Rate” " shall mean Landlord’s 's cost (not to include any amounts attributable to the depreciation or amortization of HVAC equipment) of providing HVAC services, as reasonably determined by Landlord (without additional charge), computed on the basis of (a) the cost of labor and (b) charges for electricity and other utilities. If any HVAC system providing service to the Demised Premises is at any time providing service simultaneously to other tenants in the Building outside of the Demised Premises (including Landlord), Landlord agrees to charge Tenant for its overtime HVAC service on a pro rata basis. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance written notice delivered to Landlord’s 's designated building manager from Tenant requesting such services prior to 3:00 P.M. of the day upon which such services are requested or by 3:00 P.M. PM. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. If Tenant fails to give Landlord such advance notice, then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business or otherwise. If more than one tenant utilizing the same system as Tenant requests the same Overtime Periods for the same services as Tenant, the charge to Tenant shall be adjusted pro rata.