Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (ii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (7:00 AM to 6:00 PM Monday through Friday and 8:00 AM until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefor. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant's expense, (iv) Standard passenger and freight elevator service when the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day period.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (iia) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable seasonal air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (from 7:00 AM A.M. to 6:00 PM Monday P.M. on Mondays through Friday Fridays and 8:00 AM from 9:00 A.M. until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or P.M. on Saturdays (“Business Hours”) except holidays observed by Landlordthe City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). Holidays which are observed by Landlord are As of the date of this Lease, New Years Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving Day and the following Friday, and Christmas DayDay are holidays observed by the Building (“Holidays”). Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit existsThe Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide samesame upon reasonable advance written request by Tenant, but at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall ’s expense and at such hourly rates as may be charged at determined from time to time by Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefordemand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord's ’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's ’s approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning and to maintain conditioning. Any such equipment system shall be maintained, at Tenant's ’s sole cost and expense, (iv) Standard passenger and freight elevator service when by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and supplemental air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day periodsystem.

LANDLORD'S SERVICES. The Landlord shall render certain services provide all Tenant's water and supplies in accordance with sewer use and as described in this Paragraph 29, as follows: (i) Landlord shall cause reasonable heating and air-conditioning during the Premises to be cleaned normal heating and cooling season between the hours of 8:00 A.M. and 6:00 PM and 11:00 PM five (5) nights weeklyP.M., excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (ii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (7:00 AM days. The normal cooling season shall be from April 15th to 6:00 PM Monday through Friday and 8:00 AM until 1:00 PM October 1st of any given year. Normal business days are all days except Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are Sunday, New Years Year's Day, Memorial Day, Independence DayJuly 4th, Labor Day, Thanksgiving Day, Christmas Day (and the following Fridayday when any such day occurs on Sunday) and such other days as Landlord presently or in the future recognizes as holidays for Landlord's general office staff. In addition, Xxxxxxxx agrees to furnish elevator service and to light passageways and stairways during business hours, and Christmas Dayto furnish such cleaning service as is customary in similar buildings in said city or town, all subject to interruption due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for said building, or to causes beyond Landlord's control. Said air conditioning and heating If Tenant shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72require air-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either conditioning, heating or air conditioning at other timesventilation outside the hours and days above specified, Landlord agrees shall furnish such service and Tenant shall pay therefor such charges as may from time to provide sametime be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the building system or in any other way interferes with the system's ability to perform adequately its proper functions, but supplementary systems may if and as needed at Landlord's option, be provided by Landlord, at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shallNOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, in no eventIF DURING THE LEASE TERM THERE IS A LOSS OR INTERFERENCE WITH A BUILDING SYSTEM AND SUCH LOSS OR INTERFERENCE SHALL MATERIALLY INTERFERE WITH TENANT'S USE OF THE PREMISES AS CONTEMPLATED BY THIS LEASE, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed thereforLANDLORD SHALL PROMPTLY RESTORE SAID BUILDING SYSTEM TO ENABLE TENANT'S USE OF THE PREMISES. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant's expense, (iv) Standard passenger and freight elevator service when the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five IN THE EVENT THE BUILDING SYSTEM IS NOT RESTORED WITHIN FIVE (5) days after said fifteen (15) day period. Notwithstanding the aboveDAYS FROM THE DATE OF SUCH LOSS OR INTERFERENCE, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruptionA JUST PROPORTION OF THE BASE RENT AND ADDITIONAL RENT PAYABLE BY TENANT SHALL XXXXX, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operationsCOMMENCING ON THE DATE OF SUCH INTERRUPTION OR LOSS, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day periodBUT SUCH ABATEMENT OR REDUCTION SHALL END WHEN LANDLORD SHALL HAVE SUBSTANTIALLY RESTORED THE BUILDING SYSTEM.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance shall, at its expense, furnish the Premises with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises electricity subject to be cleaned between the hours Item 9 of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidaysthis Lease; (ii) Landlord shall furnish electric current heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage the occupation of the electrical panels on any given floor Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord specifically shall not exceed Tenant's pro rata share (based on rentable square footage) be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations to function properly, or interfere with the reasonable use thereof by other users in the Building. Tenant shall not have access while it is being repaired, or due to any electrical closets in governmental laws, regulations or restrictions pertaining to the Building; any electrical engineering design furnishing or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation use of such heat and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenantair-conditioning; (iii) Landlord shall furnish seasonable air conditioning elevator service; (iv) lighting replacement for customary fluorescent lighting provided by Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and heating pursuant in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The foregoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to applicable ASHREA standards during change) for HVAC after normal business hours (7:00 AM to 6:00 PM hours, which are: Monday through Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 1:00 p.m. Tenant agrees that Landlord is only responsible for Building Standard maintenance and 8:00 AM until 1:00 PM Saturday)Building Standard services. If other, said heat more complete or air conditioning not being furnished Sunday or holidays observed specialty services and maintenance (over Building Standard) are required, then Tenant solely shall be and is responsible for same and for any and all expenses and costs of any nature whatsoever associated with same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, refundable security deposits for after-hours building access cards, etc. In the event Tenant requests that Landlord provide to the Premises any form of specialty services for purposes identified by Landlord. Holidays which are observed by Tenant to be the responsibility of the Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Said air conditioning and heating shall be based on the following criteria (based on a density results of one person per two hundred rentable square feet and provided such specialty services indicate that Tenant's electrical use ’s perceived problem does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of exist or that Landlord is not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense. The cost responsible for the cause of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefor. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same’s request, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design any expenses and costs of such system is adequate for its needsany nature whatsoever associated with Tenant’s request. Tenant agrees Tenant’s request to pay Landlord for such equipmentspecialty services shall be in writing and delivered to the Landlord at the notice address as defined in this Lease, designor such other address as Landlord may require. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (1) installation, metering and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant's expenseuse, (iv) Standard passenger and freight elevator service when the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material or interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described use of any equipment in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use connection with the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord furnishing of any of the sameforegoing services, then or (beginning with 2) failure to furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion reasonable control of Landlord or by the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored making of necessary repairs or improvements to the Premises unless or to the Building or because of any governmental laws, regulations or restrictions. The temporary failure to furnish any such Critical Service can services shall not reasonably be restored within said fifteen (15) day period construed as an eviction of Tenant or relieve Tenant from the duty of observing and Landlord has begun such restoration performing each, every, any and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding all of the above, if such material interruption provisions of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day periodLease.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (iia) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable seasonal air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (from 7:00 AM A.M. to 6:00 PM Monday P.M. on Mondays through Friday Fridays and 8:00 AM from 7:00 A.M. until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or P.M. on Saturdays ("Business Hours") except holidays observed by Landlordthe City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building ("Business Days"). Holidays which are observed by Landlord are As of the date of this Lease, New Years Year's Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving Day and the following Friday, and Christmas DayDay are holidays observed by the Building ("Holidays"). Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit existsThe Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide samesame upon reasonable advance written request by Tenant, but at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall expense and at such hourly rates as may be charged at determined from time to time by Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefordemand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per two hundred (200) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant's partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access to mechanical installations in the Premises or interfere with the moving of Landlord's equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. Provided that Tenant's Plans set forth in Exhibit D and Tenant's occupancy ratio do not exceed the formulas set forth in this Subparagraph (a), no Additional Rent or other expense shall be charged by Landlord for HVAC services. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord's architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning and to maintain conditioning. Any such equipment system shall be maintained, at Tenant's sole cost and expense, by a contractor approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system. Landlord shall provide after hours HVAC upon request given twenty-four (iv24) Standard passenger and freight elevator service when the Building is open and hours in advance, at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenantthen current charge. Landlord's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant current charge is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day period$35.00 per hour.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (iia) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical 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 shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable seasonal air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (from 7:00 AM A.M. to 6:00 PM Monday P.M. on Mondays through Friday Fridays and 8:00 AM from 9:00 A.M. until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or P.M. on Saturdays (“Business Hours”) except holidays observed by Landlordthe City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). Holidays which are observed by Landlord are As of the date of this Lease, New Years Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving Day and the following Friday, and Christmas DayDay are holidays observed by the Building (“Holidays”). Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit existsThe Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, . Landlord agrees to provide samesame upon reasonable advance written request by Tenant, but at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall ’s expense and at such hourly rates as may be charged at determined from time to time by Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefordemand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord's ’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's ’s approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning and to maintain conditioning. Any such equipment system shall be maintained, at Tenant's ’s sole cost and expense, (iv) Standard passenger and freight elevator service when by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and supplemental air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day periodsystem.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance with and as described in this Paragraph 29Section 28, as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM at least five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; (ii) Landlord shall furnish on or to each floor of the Building normal and customary water, lavatory supplies, automated elevator service, and men’s, women’s, and/or individual unisex restrooms with cold and hot water; and (iii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's ’s use. Tenant's ’s usage of the electrical panels on any given floor shall not exceed Tenant's ’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 ’s reasonable estimation will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant shall not have access to any electrical closets in the Building; any Building reasonably necessary for the operation of the Premises. All electrical engineering design or contract work shall be performed at Tenant's ’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting from Landlord regarding the design, installation installation, consumption, metering, billing, and maintenance of the electrical facilities requested by Tenant for Tenant’s use shall be paid within thirty (30) days of Tenant's ’s receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; and (iii) Landlord shall furnish seasonable air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (7:00 AM 8:00 A.M. to 6:00 PM P.M. Monday through Friday and 8:00 AM 8:30 A.M. until 1:00 PM P.M. Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Years’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense. The cost ’s expense at such hourly rates as may be determined from time to time by Landlord ($50.00 per hour as of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shallEffective Date, in no event, exceed the rate per kilowatt hour billed by Alabama Power Companybut subject to change), which charge Tenant shall pay promptly upon being billed within thirty (30) days after receipt of a xxxx therefor. If Tenant installs equipment which in Landlord's opinion ’s reasonable estimation produces enough heat to cause comfort problems in effect the heating and cooling demands of the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's ’s approval, and Landlord shall install such system at Tenant's ’s actual and reasonable expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering metering, billing, and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant's ’s expense. Furthermore, (iv) Standard passenger Landlord shall provide commercially reasonable routine maintenance, painting, and freight elevator electrical lighting service when of common areas of the Building; bulb replacement within the Premises, using Landlord’s standard Building lighting and replacements; and otherwise maintain the public, common, and service areas of the Building is open and at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in a manner consistent with first-class office buildings in the management office for the BuildingBirmingham, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this LeaseAlabama area. Subject to Paragraphs 30 and 40 hereinNon-exclusive, in the event that there is a material interruption of a critical service (a "Critical Service") being passenger vehicle parking shall be provided by Landlord for the use of Tenant without any charge (other than Tenant’s Share of Excess Expenses). Notwithstanding the foregoing, if any interruption in Landlord’s services to be provided under this Lease is interrupted due solely to the negligence or willful misconduct and such interruption rendered the Premises untenantable for the use permitted under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition untenantability continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within more than five (5) consecutive business days, then Base Rental shall xxxxx proportionately to the degree of untenantability, from the sixth (6th) consecutive business days after said fifteen (15) day periodthroughout the period of untenantability. Notwithstanding the above, if Landlord agrees to use commercially reasonable efforts to minimize any such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day periodservices.

LANDLORD'S SERVICES. Landlord shall render certain services and supplies in accordance shall, at its expense, furnish the Premises with and as described in this Paragraph 29, as follows: (i) Landlord shall cause the Premises electricity subject to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the standards attached hereto as Exhibit "G". A day porter shall be provided to the Building five (5) days per week excexx xxx holidays; Item (ii) Landlord shall furnish electric current heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage the occupation of the electrical panels on any given floor Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord specifically shall not exceed Tenant's pro rata share (based on rentable square footage) be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations to function properly, or interfere with the reasonable use thereof by other users in the Building. Tenant shall not have access while it is being repaired, or due to any electrical closets in governmental laws, regulations or restrictions pertaining to the Building; any electrical engineering design furnishing or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation use of such heat and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenantair-conditioning; (iii) Landlord shall furnish seasonable air conditioning elevator service; (iv) lighting replacement for customary fluorescent lighting provided by-Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and heating pursuant in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (via) sewerage. The foregoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to applicable ASHREA standards during change) for HVAC after normal business hours (7:00 AM to 6:00 PM which are: Monday through Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 12:00 noon. Tenant agrees that Landlord is only responsible for Building Standard maintenance and 8:00 AM until 1:00 PM Saturday)Building Standard services. If other, said heat more complete or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which specialty services and maintenance (over Building Standard) are observed by Landlord are New Years Dayrequired, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Said air conditioning and heating then Tenant solely shall be based on the following criteria (based on a density and is responsible for same and for any and all expenses and costs of one person per two hundred rentable square feet any nature whatsoever associated with same. To this end, Tenant is and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense. The cost of Tenant's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost solely responsible for providing any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and faculties serving the Premises, etc. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of me foregoing services, or (2) failure to furnish, or delay in furnishing, any such service with no depreciation charge services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord administrative fee and shall, in no event, exceed or by the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefor. If Tenant installs equipment which in Landlord's opinion produces enough heat making of necessary repairs or improvements to cause comfort problems in the Premises or to the Building or because of any part thereofgovernmental laws, regulations or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant's expense, (iv) Standard passenger and freight elevator service when the Building is open and at least one passenger elevator when the Premises are closedrestrictions. The elevator inspection certificate will temporary failure to furnish any such services shall not be kept on file in construed as an eviction of Tenant or relieve Tenant from the management office for duty of observing and performing each, every, any and all of the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to provisions of this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall terminate at the end of said thirty (30) day period unless Landlord has restored said Critical Service within said thirty (30) day period.