Common use of Services and Utilities Clause in Contracts

Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided that Tenant is shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date of this Lease. If any such services are not in default hereunderseparately metered to Tenant, Landlord agrees to furnish to the Premises during reasonable hours Tenant shall pay such proportion of generally recognized business days, to be all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction payable to Landlord within thirty (30) days of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises demand therefor and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use thereof and Landlord may cause a water meter or electrical current meter all commercially reasonable efforts to be installed in restore any service required of it that becomes unavailable. Notwithstanding the Premisesforegoing, so as to measure if Tenant is prevented from using the amount Premises because of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost unavailability of any such meters service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and of installationsuch unavailability was not caused by a governmental directive, maintenance and repair thereof then Tenant shall be paid entitled to a reasonable abatement of rent for by each consecutive day (after such five-day period) that Tenant is so prevented from using the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerPremises.

Services and Utilities. Provided that Tenant is not in default hereunder13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours common areas of generally recognized business daysthe Building, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises common areas of the Building; (c) cleaning and janitorial serviceservice for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. Landlord To the extent that Tenant is not billled directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms upon demand, as additional rent, for all electricity used by Tenant in the Building Premises, including the usage of which any temporary power supplied to Tenant prior to the Premises are a partCommencement Date. The charge shall be at the pro rata rates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss If the disruption of or injury services is due to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the Landlord's negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used and, as a result thereof, Tenant is unable to operate in the Premises which affect more than five (5) days, then Tenant shall receive an abatement of Rent after the temperature otherwise maintained by the air conditioning system, Landlord reserves the right fifth (5th) day until Tenant is again able to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device operate in the Premises. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, includinginterrupt or cease service of the heating, but air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without limitation theretoadvising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to Tenant's use, electronic data processing machines, punch card machines, possession and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use occupancy of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that usually required to be furnished or supplied for the use of in the Premises as general office spaceset forth in the Lease, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and any additional installations or expense required or incurred as a result of installation, maintenance and repair thereof the increased capacity shall be paid for by the Tenant and Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor by Landlord for therefor, the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided 7.1 Landlord shall furnish Tenant with the following services: (1) hot and cold water service for use in the lavatories and kitchen on each floor on which the Premises are located, and for drinking purposes (provided, that Landlord shall not be required to provide special filtration or otherwise provide treatment to the available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable Class A office buildings or as required by governmental authority. Tenant, upon such advance notice (which may be telephonic) as is not reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours (Tenant shall pay Landlord's reasonable charge for the additional service, which charge shall approximate Landlord's actual expense in default hereunder, Landlord agrees providing such additional service); (3) maintenance and repair of the Premises or Property as described in Section 9.2 and to furnish fulfill its obligations in Section 4.3.; (4) elevator service; (5) electricity and other utilities to the Premises during reasonable hours of generally recognized business daysfor general office use, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) in accordance with and subject to the rules terms and regulations conditions in Article 10 and Exhibit C; (5) washing of the Building interior and exterior surfaces of which exterior windows with reasonable frequency; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Premises are or the Property as a part, electricity for normal lighting and fractional horsepower Class A office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlordbuilding. 7.2 Tenant's failure to furnish receive or any interruption or termination of, services due to the application of Laws, the foregoing when such failure is caused by accidentof any equipment, breakage, the performance of repairs, strikesimprovements or alterations, lockouts or other labor disturbances or labor disputes the occurrence of any character, event or by any other cause, similar or dissimilar, cause beyond the reasonable control of Landlord. Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure due to Landlord's negligence or willful misconduct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable under to Tenant for any circumstances for a loss or damage, including the theft of or injury to propertyTenant's Property (defined in Article 15), however occurring, through arising out of or in connection with the failure of any security services, personnel or incidental to failure to furnish any of the foregoing unless such loss or injury is equipment not caused by the Landlord's negligence or willful misconduct of misconduct. If the Premises are so untenantable, Landlord or Landlord's agents. Wherever heat generating machines or equipment are used will use its commercially reasonable best efforts to provide Tenant with alternative space in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in Building until the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerare restored.

Services and Utilities. Provided that 14.1. provided Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable between the hours of 8:00 a.m. and 6:00 PM on generally recognized business daysdays and between 8:00 AM and 1:00 PM on Saturdays (but exclusive in any event of Sundays and legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air air-conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises and Premises; (c) janitorial service; (d) elevator service by non attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms upon demand, as additional rent, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Tenant shall pay for all electric light bulbs, tubes and ballasts. Tenant agrees that 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 which the Premises are a partsaid systems. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Notwithstanding the above, Landlord shall be liable under entitled, without compensation to Tenant or any circumstances abatement of rent, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or suppliers of utilities in reducing consumption of energy or other resources. 14.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a loss reasonable allowance for depreciation of or injury any systems being used to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless provide such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsService. 14.3. Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air air-conditioning system, Landlord reserves the right to install supplementary air air-conditioning units in or for the benefit of the Premises and the cost thereof, including the reasonable cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by Landlordas such additional rent. 14.4. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 120 200 ▇▇▇▇▇ or 110 volts, which will in any way materially increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general for normal office space use, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general normal office spaceuse, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor by Landlord for therefor, the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 14.5. Subject as provided in this Lease, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the vault of Ameritech Company or its successor (“Ameritech”) at or near the entrance to the Building to Tenant’s telephone panel at or near the entrance to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring without the prior written consent of Landlord, which Landlord may refuse; nor shall Tenant remove any Communications Wiring without such consent. Tenant shall be responsible for, and indemnify and hold Landlord harmless from and against, all injuries and damages to persons or property and all expenses, claims and liabilities resulting from the installation, use, maintenance, repair or replacement of Communications Wiring (“Wiring Work”) by Tenant or anyone employed by Tenant. If a separate meter and so long as an arrangement (“Provider Arrangement”) shall be in effect between Landlord and Ameritech or other qualified concern to provide any Wiring Work on an exclusive basis Tenant shall obtain such Wiring Work as Tenant shall require from such provider through or as directed by Landlord and shall pay all the costs thereof billed directly to Tenant by such provider. If and so long as no Provider Arrangement shall be in effect, Tenant shall arrange for, through Landlord if required by Landlord, and pay directly for, all such Wiring Work as Tenant shall require from such provider as Tenant shall select subject to the prior authorization of Landlord, which Landlord may refuse for any reason, including (without limitation) that Landlord is not installed, such excess cost for such water and electric current will satisfied as to the expertise or reliability of the provider or the liability insurance protection to be established by an estimate made by a utility company or electrical engineergiven.

Services and Utilities. Provided that Tenant 13.1 The Building is not in default hereunderat all times subject to the exclusive control, management and operation of Landlord. Subject to the terms and provisions of this Lease, Landlord agrees has the right with respect to furnish such control, management and operation to: i. obstruct or close off all or any part of the Property for the purpose of maintenance, repair or construction, provided that Tenant's use of or access to the Premises during reasonable is not unreasonably impaired thereby; ii. employ all personnel necessary for the operation and management of the Building, either directly or through an experienced third party property management company and, in connection therewith, Landlord shall maintain adequate personnel at the Building twenty-four (24) hours per day, seven (7) days per week; iii. construct other improvements and make alterations, additions, subtractions or re-arrangements, construct facilities adjoining or proximate to the Building, including underground tunnels and pedestrian walkways and overpasses, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not impaired thereby; iv. do and perform such other acts in and to the Building and, in connection with performing any maintenance or repair obligations of generally recognized Landlord, in and to the Premises and to have access thereto, as, in the use of good business daysjudgment, Landlord determines to be advisable for the more efficient and proper operation of the Building and Premises, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not unreasonably impaired thereby; and v. reasonably control, supervise and regulate the parking areas in such manner as the Landlord determines from time to time. 13.2 During the Term, the Landlord shall provide, or cause to be provided, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the Premises, the following services and utilities upon the terms and subject to the rules conditions set out in this Article XIII and regulations of in Exhibit F attached hereto: i. the Building of which the Premises are a partheating, electricity for normal lighting and fractional horsepower office machines, heat ventilation and air conditioning required in Landlord's judgment (“HVAC”), including, without limitation, sufficient CRAH power (“CRAH Power”) and chiller plant power (“Chiller Plant Power”), for the comfortable use Premises shall be provided at all times in order to maintain the Environmental Conditions (as hereinafter defined), including maintaining a temperature adequate for normal occupancy in accordance with the Permitted Uses, including heat rejection equipment capable of handling 2.4 megawatts of Critical Load Power in each of ▇▇▇ ▇, ▇▇▇ ▇, ▇▇▇ ▇▇ and occupation Pod 11 and 1.0833 megawatts of Critical Load Power in ▇▇▇ ▇▇, subject to the provisions of Section 1.1 hereof; ii. water, gas and fuel in amounts no less than the amounts customarily provided by the owners of similarly-sized, first class data centers, as installed in the Building and Premises; iii. PDUs sufficient to support 2.4 megawatts of Critical Load Power to each of ▇▇▇ ▇, ▇▇▇ ▇, ▇▇▇ ▇▇ and Pod 11 and 1.0833 megawatts of Critical Load Power to ▇▇▇ ▇▇, subject to the provisions of Section 1.1 hereof; iv. the Telecommunications Conduits exclusively serving the Pods of the Premises and janitorial servicethe Feeder Conduits shall be provided to Tenant as set forth in Section 11.3 above; provided, however, that Tenant may, pursuant to said Section 11.3, utilize one (1) or more Approved Fiber Providers for the connection of new fiber lines from and through each of the Telecommunications Duct Banks to the Building and into the POEs; v. security for the Building in accordance with Article V hereof; and vi. loading dock facilities convenient to the Premises twenty-four (24) hours a day, seven (7) days a week. Landlord represents, warrants and covenants to Tenant that, commencing on each Lease Commencement Date and throughout the Lease Term, (I) Critical Load Power up to the Stage 1 Maximum Load Limit, the Stage 2 Maximum Load Limit and the Maximum Load Limit, as applicable, will be available to the Stage 1 Pod, the Stage 2 Pods and all Pods of the Premises, as applicable, (II) the Stage 1 Pod, the Stage 2 Pods and the Stage 3 Pods, as applicable, shall also maintain be provided with a dedicated back-up system for such Critical Load Power, including UPS and keep lighted the common stairsEngine Generators and (III) all Building infrastructure shall be operational in accordance with industry standards and procedures for first-class data centers, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable accounting for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakageamong other things, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordscheduled maintenance and emergency situations. Landlord further represents and warrants that the critical electrical systems of ACC6 Phase I and ACC6 Phase II are each designed in an isolated parallel 10N + 2R configuration with 13.0 megawatts of Critical Load Power over the raised floor space to each of ACC6 Phase I and ACC6 Phase II, thus 9.7501 megawatts of Critical Load Power with N+2R redundancy, shall not be liable under any circumstances for a loss of or injury available to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordwhen all infrastructure is operational as provided herein above. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof[*****]. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred Building's critical mechanical systems are designed in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerN+2 configuration.

Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable ordinary business hours of on generally recognized business daysdays (but exclusive in any event of Sundays and legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises Premises; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use; and (g) electricity for lighting, convenience outlets and normal office equipment. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms upon demand, as additional rent, for all electricity used by Tenant in the Building of which Premises. The charge shall be at the Premises are a partrates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be liable under agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any circumstances tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a loss reasonable allowance for depreciation of or injury any systems being used to propertyprovide such service. The current charge for after-hours HVAC is $45.00 per hour, however occurring, through or in connection with or incidental subject to failure to furnish change at any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. time. 13.3 Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by Landlord. as such additional rent. 13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 120 200 ▇▇▇▇▇ or 110 volts, which will in any way materially increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general for normal office space use, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general normal office spaceuse, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor by Landlord for therefor, the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided that Tenant is not in default hereunder13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s commercially reasonable judgment for the comfortable intended use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within fifteen (15) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of which the Premises are a partmethod used to pass the cost of electricity through to Tenant, Tenant shall not be charged for electricity more than the net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Water, heat and air conditioning (subject to the terms set forth herein regarding after hours HVAC), elevator service and electricity , shall be liable under any circumstances for a loss of or injury provided twenty-four (24) hours per day, seven (7) days per week, subject to property, however occurring, through or in connection with or incidental to failure to furnish any events outside of the foregoing unless such loss or injury is caused by the negligence or willful misconduct reasonable control of Landlord and the terms of this Lease. 13.2 Should Tenant require any additional work or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemservice, as described above, including services furnished outside ordinary business hours specified above, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofmay, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter on terms to be installed in the Premisesagreed, so as to measure the amount of water and electric current consumed for any upon reasonable advance notice by Tenant, furnish such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant additional service and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed charges as shown by said meters or estimatemay be agreed upon, including any tax imposed thereon, but in no event at the rates charged a charge less than Landlord’s actual cost plus overhead for such services by additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerReference Pages.

Services and Utilities. Provided that Section 8.01. Tenant is not in default hereundershall make all arrangements for, Landlord agrees to furnish to and shall pay all costs of, the Premises during reasonable hours installation and supply of generally recognized business daysutility facilities, to be determined telephone service, janitorial services and all other utilities and services used by Landlord Tenant at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partPremises. Section 8.02. Landlord shall not be liable forfor any failure to provide access to the Premises, to assure the beneficial use of the Premises or to furnish any services or utilities when such failure is caused by natural occurrences, riots, civil disturbances, insurrection, war, court order, public enemy, accidents, breakage, strikes, lockouts, other labor disputes, the making of repairs, alterations or improvements to the Premises, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, communication services, labor or other supplies or by any other condition beyond Landlord's reasonable control, and Tenant shall not be entitled toto any damages resulting from such failure, any reduction nor shall such failure relieve Tenant of rental by reason the obligation to pay all sums due hereunder or constitute or be construed as a constructive or other eviction of Landlord's failure to furnish Tenant. If any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for utility services described herein are interrupted as a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any result of the foregoing unless such loss or injury is caused by the active negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used for a period in excess of five (5) consecutive days and if such interruption materially interferes with the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost permitted use of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, includingthen, but without limitation theretoto the extent Tenant, electronic data processing machinesin fact, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the does not use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for Monthly Base Rent shall ▇▇▇▇▇ to the purpose extent of using electric currentsuch interference commencing on the sixth (6th ) day and continuing until such interruption is discontinued. If Tenant shall require water any governmental entity promulgates or electric current in excess of that usually furnished revises any statute, ordinance or supplied for building, fire or other code, or imposes mandatory or voluntary controls or guidelines on Landlord or the use of the Premises as general office spacePremises, Tenant shall first procure the written consent of Landlord, relating to the use thereof and or conservation of energy, water, gas, steam, light, communication services or electricity or the provision of any other utility or service provided with respect to this Lease, or if Landlord may cause a water meter is required or electrical current meter elects to be installed make alterations to the Premises in order to comply with such mandatory or voluntary controls or guidelines, Landlord may, in its sole discretion, comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Premises. Neither such compliance nor the making of such alterations shall in any event entitle Tenant to any damages, so as relieve Tenant of the obligation to measure pay any of the amount of water and electric current consumed for any such usesums due hereunder, or otherwise charge Tenant the reasonably estimated cost thereof. The cost constitute or be construed as a constructive or other eviction of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerTenant.

Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of which the Premises are a part. Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be liable under agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any circumstances tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a loss reasonable allowance for depreciation of or injury any systems being used to propertyprovide such service. The current charge for after-hours HVAC service, however occurringwhich is subject to change at any time, through or in connection with or incidental to failure to furnish any of is specified on the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Reference Pages. 13.3 Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by within five (5) days of Landlord. ’s demand. 13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way materially increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general for normal office space use, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general normal office spaceuse, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of or such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant. Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If . 13.5 Tenant will not, without the written consent of Landlord, contract with a separate meter utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not installedpreviously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, such excess cost Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for such water normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and electric current will absolute discretion. Landlord’s shall in no event be established liable for disruption in any service obtained by an estimate made by a utility company or electrical engineerTenant pursuant to this paragraph.

Services and Utilities. 13.1. Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of which the Premises are a part. Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be liable under agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any circumstances tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a loss reasonable allowance for depreciation of or injury any systems being used to propertyprovide such service. The current charge for after-hours HVAC service, however occurringwhich is subject to change at any time, through or in connection with or incidental to failure to furnish any of is specified on the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsReference Pages. 13.3. Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by within five (5) days of Landlord’s demand. 13.4. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 2000 watts and/or 20 amps or 120 volts, which will in any way materially increase w▇▇ ▇▇crease the amount of electricity or water usually furnished or supplied for the use of the Premises as general for normal office space use, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general normal office spaceuse, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant. Tenant agrees to pay to Landlord promptly upon within five (5) days of Landlord’s demand therefor by Landlord for , the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 13.5. If Tenant will not, without the written consent of Landlord, contract with a separate meter utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not installedpreviously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, such excess cost Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for such water normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and electric current will absolute discretion. Landlord’s shall in no event be established liable for disruption in any service obtained by an estimate made by a utility company or electrical engineerTenant pursuant to this paragraph.

Services and Utilities. Provided that Tenant is not in default hereunder13.1. Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which prescribed from time to time: (a) water suitable for the Premises are a part, electricity for normal lighting and fractional horsepower office machines, Permitted Uses; (b) heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord shall also maintain and keep lighted will include electricity costs to operate the common stairsbase building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a loss of or injury sum equal to property, however occurring, through or in connection with or incidental to failure to furnish any $1.50 per rentable square foot of the foregoing unless Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such loss amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or injury to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder. 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is caused less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the negligence or willful misconduct Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Should Tenant require HVAC service outside of Building Business Hours, Landlord or shall, upon reasonable advance notice by Tenant, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord's agents’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any apparatus equipment or device devices in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 voltsvolts in the aggregate, which will in any way materially increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general office space for the Permitted Uses, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacefor the Permitted Uses, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof and thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of any excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofusage. The cost of any such meters and of installation, maintenance and repair thereof water meter shall be paid for by the Tenant and Tenant. Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for within thirty (30) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters or estimate, meters) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, plus without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional expense incurred Communications Wiring, nor remove any Communications Wiring, without in keeping account each instance obtaining the prior written consent of the water Landlord, which consent may be withheld in Landlord’s sole and electric current so consumedabsolute discretion. If a separate meter is not installed, such excess cost Landlord shall in no event be liable for such water and electric current will be established disruption in any service obtained by an estimate made by a utility company or electrical engineerTenant pursuant to this paragraph.

Services and Utilities. Provided that Tenant is not in default hereunder13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s reasonable judgment for the comfortable use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises, as determined by separate submetering of which Tenant’s electricity. The charge shall be at the rates charged for such services by the local public utility. The parties acknowledge that, as of the Lease Reference Date, the initial rate for electricity is $1.15 per square foot of the Premises are a partper annum, which rate is subject to change based on the rates charged, from time to time, by the local public utility. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used interruption in the Premises which affect the temperature otherwise maintained by the air conditioning systemfurnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofmay, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter on terms to be installed in the Premisesagreed, so as to measure the amount of water and electric current consumed for any upon reasonable advance notice by Tenant, furnish such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant additional service and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed charges as shown by said meters or estimatemay be agreed upon, including any tax imposed thereon, but in no event at the rates charged a charge less than Landlord’s actual cost plus overhead for such services by additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerReference Pages.

Services and Utilities. Provided that Tenant is not in default hereundershall be responsible for contracting directly with any applicable public utility company or third party provider for, Landlord agrees and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to furnish or used by Tenant at the Project during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees, and (ii) penalties for discontinued or interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during reasonable hours of generally recognized business daysthe Lease Term; provided that, to any such upgrades by Tenant shall be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject performed pursuant to the rules terms and regulations conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following receipt of written request from Landlord, disclose to Landlord all information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the Premises meters for such utilities are a partin Tenant's name, electricity the number of employees working within the Premises, the operating hours for normal lighting and fractional horsepower office machines, heat and air conditioning required in LandlordTenant's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms business in the Building Premises, and the type and number of which equipment operated by Tenant in the Premises are Premises. Tenant acknowledges that this information shall be provided on a partnon-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant shall not be entitled hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any reduction of rental by reason of Landlord's failure Tenant Energy Use Disclosure. In addition, Tenant represents to furnish Landlord that any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid all information provided by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant pursuant to this paragraph shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlordbe, to the use thereof best of Tenant's actual knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any shall rely on such use, or otherwise charge Tenant the reasonably estimated cost thereofinformation. The cost terms of any such meters and this paragraph shall survive the expiration or earlier termination of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerthis Lease.

Services and Utilities. Provided that Tenant is not in default hereundershall be responsible for contracting directly with any applicable public utility company or third party provider for, Landlord agrees and shall promptly pay, as the same become due, all charges for, water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to furnish or used by Tenant at the Building during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees, and (ii) penalties for discontinued interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installations. Notwithstanding the foregoing, Tenant shall have the right to upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during reasonable hours the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and conditions of generally recognized business daysArticle 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided that, to be determined by the extent the cause is the failure of Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) to observe or perform an obligation of Landlord hereunder and subject such failure materially adversely affects Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the cure of such failure, to the rules extent reasonably possible, promptly after receipt from Tenant of notice of the failure and regulations Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) days following request from Landlord, disclose to Landlord all non-proprietary, non-confidential information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the Premises meters for such utilities are a partin Tenant's name, electricity the number of employees working within the Premises, the operating hours for normal lighting and fractional horsepower office machines, heat and air conditioning required in LandlordTenant's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms business in the Building Premises, and the type and number of which equipment operated by Tenant in the Premises are Premises. Tenant acknowledges that this information shall be provided on a partnon-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, below, shall be liable for, and Tenant shall not be entitled hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any reduction of rental by reason of Landlord's failure Tenant Energy Use Disclosure. In addition, Tenant represents to furnish Landlord that any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid all information provided by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant pursuant to this paragraph shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlordbe, to the use thereof best of Tenant's knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any shall rely on such use, or otherwise charge Tenant the reasonably estimated cost thereofinformation. The cost terms of any such meters and this paragraph shall survive the expiration or earlier termination of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerthis Lease.

Services and Utilities. Provided that Tenant is not in default hereunder, Landlord ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during reasonable twenty-four (24) hours of generally recognized business daysa day, to be determined by Landlord at its reasonable discretion seven (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday7) and days a week, subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, water, and electricity for normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning ("HVAC") as required in LandlordLand-lord's judgment for the comfortable use and occupation occupancy of the Premises and janitorial servicePremises. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in restrooms of the Building of which the Premises are a partbuilding. Landlord Land-lord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord's (i) the installation, use or inter-ruption of use of any equipment in connection with the furnishing of any of the forego-ing services by the utility company or as to which Landlord is not otherwise liable under the lease, (ii) failure to furnish or delay in furnishing any of the foregoing when such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condi-tion or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable reason-able control of Landlord, (iii) the limitation, curtailment or ration-ing of, or restric-tions on, use of water, electricity, gas or any other form of energy serving, the Premis-es, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurringoccur-ring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsservices. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature tempera-ture otherwise maintained by the air conditioning HVAC system, Landlord reserves the right to install supplementary supplemen-tary air conditioning condi-tioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will shall have its own electric meter and shall be solely responsible for all costs of electricity furnished by Landlord for their use. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, includingincluding without limita-tion, but without limitation thereto, electronic elec-tronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way materially increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises as general office space nor space, as determined by Land-lord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, to the use thereof and which Landlord may cause refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimatemeters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established estab-lished by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for exterior building standard lights, window washing and common area janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable ordinary business hours of on generally recognized business daysdays (but exclusive in any event of Sundays and legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time; (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 12:00 noon on Saturdays, except legal holidays observed by the federal government; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms upon demand, as additional rent, for all electricity used by Tenant in the Building of which Premises. The charge shall be at the Premises are a partrates charged for such services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used interruption in the Premises which affect the temperature otherwise maintained by the air conditioning systemfurnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofmay, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter on terms to be installed in the Premisesagreed, so as to measure the amount of water and electric current consumed for any upon reasonable advance notice by Tenant, furnish such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant additional service and Tenant agrees to pay to Landlord promptly upon demand therefor by such charges as Landlord for all such water has set and electric current consumed as shown by said meters or estimatemay change periodically, including any tax imposed thereon, but in no event at the rates charged a charge less than Landlord’s actual cost plus overhead for such services by the local public utility furnishing the sameadditional service and, plus where appropriate, a reasonable allowance for depreciation of any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, systems being used to provide such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerservice.

Services and Utilities. Provided that Tenant is not in default hereunder, hereunder Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, from 6:00 a.m. to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) Friday and 8:00 a.m. to 1:00 p.m. on Saturday and at such other times as Tenant may request subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partpart and that portion of the parking lot containing spaces allocated to Tenant. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsforegoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric currentcurrant. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimatemeters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease beyond any cure period, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises common areas of the Building during reasonable ordinary business hours of on generally recognized business daysdays (but exclusive in any event of Sundays and legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the common area; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises common areas of the Building; (c) cleaning and janitorial serviceservice for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 600 amps @ 480V and 500kw emergency generator power on or before the Commencement Date. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms upon demand, as additional rent, for all electricity used by Tenant in the Building Premises. The charge shall be at the pro rata rates charged for such services by the local public utility. Except in the event of which the Premises are a part. Landlord’s negligence or intentional misconduct, or breach of this Lease by Landlord beyond any applicable cure period, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for fifteen (15) days after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not be liable under (except in the event of an emergency or a force majeure event or as permitted in Section 17.1 below) exercise any circumstances for a loss right of Landlord to reduce, interrupt or injury to property, however occurring, through or in connection with or incidental to failure to furnish any cease service of the foregoing unless heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant at least seventy two (72) hours in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and minimize the interruption to Tenant’s use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Landlord shall notify Tenant immediately upon Landlord’s knowledge of any interruption of the above services. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such loss additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more or injury is caused by the negligence or willful misconduct less than Landlord’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of Landlord or Landlord's agents. any systems being used to provide such service. 13.3 Wherever heat heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to require Tenant to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. Tenant. 13.4 If Tenant shall require water or electric current in excess of that usually required to be furnished or supplied for the use of in the Premises as general office spaceset forth in the Lease, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical electric current meter to be installed in the Premises, so as to measure the amount of such excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofcurrent. The cost of any such meters and any additional installations or expense required or incurred as a result of installation, maintenance and repair thereof the increased capacity shall be paid for by the Tenant and Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor by Landlord for therefor, the cost of all such excess water and electric current consumed (as shown by said meters or estimatemeters, if any, or, if there are no separate meters, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided that Tenant is not in default hereunder13.1. Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which prescribed from time to time: (a) water suitable for the Premises are a part, electricity for normal lighting and fractional horsepower office machines, Permitted Uses; (b) heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord shall also maintain and keep lighted will include electricity costs to operate the common stairsbase building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by ▇▇▇▇▇▇ and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a loss of or injury sum equal to property, however occurring, through or in connection with or incidental to failure to furnish any $1.50 per rentable square foot of the foregoing unless Premises per annum, which is ▇▇▇▇▇▇▇▇’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such loss amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or injury to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with ▇▇▇▇▇▇’s payment of Monthly Installment of Rent hereunder. 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is caused less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ ▇▇▇▇▇▇▇▇. If the negligence or willful misconduct Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Should Tenant require HVAC service outside of Building Business Hours, Landlord or shall, upon reasonable advance notice by ▇▇▇▇▇▇, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord's agents’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, installation and the cost of operation operations and maintenance thereof maintenance, shall be paid by Tenant to Landlord upon demand by within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any apparatus equipment or device devices in the Premises, including, including but without limitation theretonot limited to, electronic data processing machines, punch card machines, machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 voltsvolts in the aggregate, which will in any way materially increase the amount of electricity or water usually furnished or supplied for the use of the Premises as general office space for the Permitted Uses, nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device, device for the purpose purposes of using electric currentelectrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacefor the Permitted Uses, Tenant shall first procure the prior written consent of Landlord, to Landlord for the use thereof and thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of any excess water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofusage. The cost of any such meters and of installation, maintenance and repair thereof water meter shall be paid for by the Tenant and Tenant Tenant. ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand therefor by Landlord for within thirty (30) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters or estimate, meters) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, plus without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional expense incurred Communications Wiring, nor remove any Communications Wiring, without in keeping account each instance obtaining the prior written consent of the water Landlord, which consent may be withheld in Landlord’s sole and electric current so consumedabsolute discretion. If a separate meter is not installed, such excess cost Landlord shall in no event be liable for such water and electric current will be established disruption in any service obtained by an estimate made by a utility company or electrical engineerTenant pursuant to this paragraph.

Services and Utilities. Provided that Tenant is not (a) With the exception of the Direct Expense exclusions stated in default hereunderParagraph 7(d), Landlord agrees agrees, subject to furnish reimbursement by Tenant to Landlord of the cost thereof pursuant to Paragraph 7(a)(i), to provide to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning reasonably required in Landlord's judgment for the comfortable use and occupation of the Premises as reasonably required by Tenant, and electricity, gas, water, sewer service, janitorial service, and trash removal. As a Direct Expense of the Project, Landlord shall also maintain provide all utilities for the Common Areas of the Project, landscaping and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partelevator services. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing when such failure is caused by power disruptions, accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, cause beyond the reasonable control of Landlord, unless there is an interruption of utilities to the Project or the Premises, such interruption substantially interferes with the normal conduct of Tenant’s business in the Premises, and such interruption continues for ten (10) consecutive business days or more, in which event Tenant shall be entitled to an equitable abatement of Monthly Base Rent in proportion to the extent that normal conduct of Tenant’s business has been interfered with, commencing on the eleventh (11th) consecutive business day of such interruption, and continuing until the utilities or services are restored. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss foregoing, or injury is caused by as a result of the negligence failure or willful misconduct interruption of Landlord any utility or Landlord's agents. Wherever heat generating machines or equipment are used in other service provided to the Premises which affect for any reason beyond the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofreasonable control of Landlord, including the cost any failure of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. telephone or data cabling or telecommunications facilities. (b) Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines Premises using in excess of 120 two hundred eight (208) volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided that Tenant is shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in default hereunder, Landlord agrees to furnish to the Premises during its reasonable hours of generally recognized business daysdiscretion, to be determined reasonable. Any such charges paid by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction payable to Landlord within thirty (30) days of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises written demand and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, contract with any electricity, water, sewer or natural gas provider to service the Premises which is not previously providing such service to other tenants in the Building. Except as set forth below, Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Notwithstanding anything in this Lease to the contrary, if, as a result of Landlord’s action, the Premises should become not reasonably suitable for Tenant’s use thereof as a consequence of cessation of utilities or other services or interference with access to the Premises and the interference with Tenant’s use of the Premises persists for seven (7) days after Tenant has notified Landlord may cause a water meter or electrical current meter to be installed in the Premiseswriting, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge then Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by entitled to an equitable abatement of rent to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account extent of the water and electric current so consumedinterference with Tenant’s use of the Premises occasioned thereby. If a separate meter is not installedthe interference persists for more than ninety (90) days, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerTenant shall have the right to terminate this Lease.

Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) hereunder and subject to the rules and regulations of the Building of which Building, Landlord shall furnish to the Premises are a part, premises electricity for normal lighting and fractional horsepower office machines, heat heating and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises premises and janitorial serviceservices, five days per week, Monday through Friday (except for holidays). Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises premises are a partpart except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, accident breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, character or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however however, occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsforegoing. Wherever heat generating machines or Illegible ---------- Initials equipment are used in the Premises premises which generate heat or affect the temperature otherwise maintained by the air conditioning system, or are an abnormal burden upon such system, Landlord reserves the right right, but shall have no obligation, to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters or estimate, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. Provided that Tenant is not in default hereunder, 9.1 Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, days from 7:00 a.m. to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) , excluding legal holidays, and from 7:00 a.m. to 12:00 p.m. on Saturday, and during hours determined by Landlord in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desk top office equipment, personal computers, office copying equipment, and fractional horsepower office machinesheating, heat ventilation and air conditioning (“HVAC”) as required in Landlord's ’s judgment for the comfortable use and occupation occupancy of the Premises Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant of not less than forty-eight (48) hours in advance of the requested usage. Tenant shall pay Landlord’s charges (current charge $50 per hour per floor) therefore on demand. Tenant shall have access to the Building twenty-four (24) hours a day three hundred and janitorial servicesixty-five (365) days a year during the Term via secured key cards. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord's failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agentsservices. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Notwithstanding the foregoing, Tenant will notshall have the right to enter into separate contracts for the maintenance and repair of supplemental HVAC equipment and systems that service the MDF and IDF spaces with the Landlord’s then current HVAC maintenance company, without written consent which as of Landlordthe Effective Date, use is ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Tenant shall not connect any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, to the use thereof and which consent shall be in Landlord’s sole discretion. Landlord may cause a water meter or will install an electrical current meter to be installed submeter in the Premises, so as Premises to measure the amount of water and electric current consumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereofby Tenant. The cost of any such meters and of installation, electrical meter maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and actual electric current consumed as shown by said meters or estimatesubmeters, at the rates charged for such services by the local public utility furnishing utility. 9.2 Landlord shall furnish elevator service, lighting replacement for Building standard lights, restroom supplies, window washing, security and janitor services in a manner that such services are customarily furnished to comparable office buildings in the same, plus any additional expense incurred area. The janitorial services to be provided by Landlord are further described in keeping account of the water Exhibit G attached hereto and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established incorporated herein by an estimate made by a utility company or electrical engineerreference.

Services and Utilities. 13.1 Provided that Tenant is shall not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ’s judgment for the comfortable use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord To the extent that Tenant is not billed directly by a public utility, Tenant shall also maintain and keep lighted the common stairspay, common entries and toilet rooms within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Building Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of which the Premises are a part. Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's ’s failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used interruption in the Premises which affect the temperature otherwise maintained by the air conditioning systemfurnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofmay, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter on terms to be installed in the Premisesagreed, so as to measure the amount of water and electric current consumed for any upon reasonable advance notice by Tenant, furnish such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant additional service and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed charges as shown by said meters or estimatemay be agreed upon, including any tax imposed thereon, but in no event at the rates charged a charge less than Landlord’s actual cost plus overhead for such services by additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerReference Pages.

Services and Utilities. (a) Landlord shall maintain the Common Areas, including lobbies, stairs, elevators, corridors and rest rooms, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in good order and condition, except for damage occasioned by the act of Tenant, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense. In addition, Landlord, at its own cost and expense, shall, during the Term of the Lease: (i) subject to the limitation set forth in Paragraph 2(b) hereof, remedy any Latent Defects in construction work; (ii) keep in good order and repair during the Term of the Lease (and any extensions and renewals thereof) all exterior portions of the Premises including, but without limitation, the roof, walls, gutters, downspouts, interior roof drains or conductors, etc.; and (iii) make any and all repairs to all concealed plumbing within the Premises (including, without limitation, septic tanks, if any, and the sprinkler system), as well as sewer, gas, electric and other utility lines up to but not within the Premises unless such repairs are required by the negligent acts of Tenant, its employees, agents or invitees. If Landlord fails to proceed promptly, taking in to consideration the nature of such defect, to remedy any such defect to Tenant's satisfaction after receipt of such notice from Tenant, the Tenant, after not less than seven (7) days additional notice to Landlord (except that no notice shall be required under emergency conditions or where Tenant's operations shall be materially adversely affected) may, but shall not be obligated to, remedy such defects. All sums expended by Tenant to cure such defects shall be paid by the Landlord to Tenant upon demand with interest at the rate of eight percent (8%) per annum from the date Tenant makes such payment(s). Without limiting the generality of the foregoing covenants on the part of the Landlord to remedy defects and without releasing the Landlord therefrom, any and all guarantees and warranties given to the Landlord by a manufacturer, contractor or subcontractor for any and all supplies, material, equipment (including replacement equipment) or labor, whether related to the particular items hereinbefore specified or not, shall inure to the benefit of the Tenant. (b) Provided that Tenant is there does not exist any uncured Event of Default hereunder, and subject to the provisions contained elsewhere herein and in default hereunderthe Rules and Regulations, Landlord agrees to furnish to the Premises during reasonable ordinary business hours of generally recognized business days"Business Days" (as hereinafter defined), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) but exclusive in any event of Sundays and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machineslegal holidays), heat and air conditioning required in Landlord's judgment for the comfortable use and occupation occupancy of the Premises from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays; janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area, and elevator service. Landlord shall also maintain be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a charge for such services as set forth below in Paragraph 38. Tenant agrees to keep and keep lighted cause to be kept closed all window coverings, if any, when necessary because of the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forsun's position, and Tenant shall not be entitled toalso 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 said heating, any reduction ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilarenergy. Whenever heat-generating machines, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances those customarily used for a loss of or injury to propertyoffice purposes, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines excess lighting or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, Landlord reserves shall notify Tenant thereof and within thirty (30) days after such notice, Tenant shall elect to: (i) discontinue use of such equipment, machine or lighting; (ii) pay to Landlord as Additional Rent an agreed upon fee per hour during the right periods that Tenant uses such equipment, machine or lighting; or (iii) cause Landlord to install supplementary air conditioning units and metering devices for such units in the Premises Premises; and the cost thereof, including the cost of installationelectricity and/or water therefor, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon within ten (10) days after written demand by Landlord. Tenant will notLandlord agrees to furnish to the Premises electricity for general office purposes, without written consent of Landlord, use any apparatus or device meeting the requirements set forth in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machinesWork Letter, and machines using water for lavatory and drinking purposes, subject to the provisions of subparagraph 5(c) below. Except as provided in excess Paragraph 39 below, Landlord shall in no event be liable for any interruption or failure of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of utility services to the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, or for any apparatus or device, for the purpose of using electric current. result thereof. (c) If Tenant shall require water or electric current or any other resource materially in excess of that usually furnished or supplied for the use of the Premises as general office spacespace (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Landlord shall notify Tenant thereof and, within thirty (30) days after receipt of such notice, Tenant shall first procure elect to: (i) discontinue use of such equipment, machine or lighting; (ii) pay to Landlord as Additional Rent an agreed upon fee per hour during the written consent of Landlordperiods that Tenant uses such equipment, machine or lighting; or (iii) cause Landlord to the use thereof and Landlord may cause install a water special meter or electrical current meter to be installed in the Premises, Premises so as to measure the amount of water and water, electric current or other resource consumed solely for any such other use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and water, electric current consumed or other resource consumed, as shown by said meters or estimatemeters, at the rates charged for such services to Landlord by the local public utility furnishing the same. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, plus nor shall the rental herein reserved be abated by reason of: (i) the installation, use or interruption of use of any additional expense incurred equipment in keeping account connection with the furnishing of any of the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any other resources. (d) Any sums payable under this Paragraph 5 shall be considered Additional Rent and electric current so consumed. If may be added to any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same remedies for a separate meter is default in payment of such sums as for a default in the payment of Rent. (e) Tenant shall not installed, such excess cost for such water provide any janitorial services without Landlord's prior written consent and electric current will be established by an estimate made then only subject to supervision of Landlord and by a utility company janitorial contractor or electrical engineeremployees at all times satisfactory to Landlord. Any such services provided by Tenant shall be at Tenant's sole risk, cost and responsibility.

Services and Utilities. 13.1 Provided that Tenant is sha ll not be in default hereunderunder this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during reasonable hours of Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), to be determined by Landlord at its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) the following services and utilities subject to the rules and regulations of the Building of which the Premises are a part, electricity prescribed from time to time: (a) water suitable for normal lighting and fractional horsepower office machines, use of the Premises; (b) heat and air conditioning required in Landlord's ' s judgment for the comfortable use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial serviceservice five (5) days per week only; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public util ity, Tenant shall pay, within five (5) days of Landlord 's demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Landlord shall also maintain and keep lighted reserves the common stairs, common entries and toilet rooms right to install electric and/or water meters in the Building Premises or any part thereof. The cost of which such meters shall be at Tenant's expense. Notwithstanding anything to the contrary contained in this Lease, provided there is no Event of Default under the Lease, electricity charges for the Initial Premise shall be abated for the first year of Term as set forth in the Initial Premises are a partrent schedule on the Reference Pages. In the absence of Landlord's gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by T▇▇▇▇▇ and provided further that Landlord shall not be liable when such failure fail ure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, energy usage restrictions or by any other cause, similar sim ilar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under use reasonable efforts to remedy any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such loss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. Wherever heat generating machines or equipment are used interruption in the Premises which affect the temperature otherwise maintained by the air conditioning systemfurnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofmay, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may cause a water meter or electrical current meter on terms to be installed in the Premisesagreed, so as to measure the amount of water and electric current consumed for any upon reasonable advance notice by T▇▇▇▇▇, furnish such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and additional service an d Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed charges as shown by said meters or estimatemay be agreed upon, including any tax imposed thereon, but in no event at the rates charged a charge less than Landlord's actual cost plus overhead for such services by additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerReference Pages.