Common use of Services and Utilities Clause in Contracts

Services and Utilities. 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.

Services and Utilities. 5.1 Con Edison shall, subject to From and after the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Lease Commencement Date, Landlord will provide to the Power Authority shall installPremises: air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment; janitorial service after 5:30 p.m. on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (including an activation or administrative fee) (currently $85.00 per hour); provided however, if such extra service is required by multiple tenants in the Building, Tenant shall be responsible only for its sole allocable portion of the costs of such extra service and any such activation or administrative fee. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to exceed the Access Card Allotment shall be provided to Tenant at no cost and expenseto Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Upon obtaining Landlord’s prior written consent, (i) Tenant shall be permitted to install its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment security system in the Astoria Annex SubstationPremises; provided, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority that Tenant shall be solely responsible for maintaining such system and removing the system upon the expiration or earlier termination of the Lease. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to pay for any enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and all such services directly to the provider of such servicesout.

Services and Utilities. 5.1 Con Edison shallDuring the Sublease Term, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which Subtenant shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines responsible for the Q35L & Q35M Transmission Lines. In obtaining the light payment of any and power for the Facility, Power Authority shall obtain all utility and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The services charges for the Con Edison delivery services referenced herein Subleased Premises in accordance with Section 11 of the Prime Lease. In addition, Subtenant shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall installarrange, at its sole cost and expense, (i) for its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter janitorial service for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests Subleased Premises, telephone service for the FacilitySubleased Premises (including hardware, service and book-up) and hazardous waste removal from the Subleased Premises. On or before Notwithstanding anything herein to the O&M Commencement Datecontrary, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for Subtenant acknowledges that any and all services and utilities with respect to the Subleased Premises and the Building to be provided by Prime Landlord under the Prime Lease are to be provided by Prime Landlord and not by Sublandlord. Sublandlord shall under no circumstances be responsible for providing any of such services directly or utilities, nor shall Sublandlord have any obligation to restore the provider Subleased Premises in the event of such servicesa casualty or condemnation as described in the Prime Lease. Notwithstanding the foregoing, at Subtenant’s request, (a) Sublandlord shall make immediate demand upon Prime Landlord for any services and utilities that are required to be provided by Prime Landlord under the Prime Lease and (b) Sublandlord shall, at Subtenant’s expense (x) reasonably cooperate in Subtenant’s filing and pursuit of any legal proceedings against Prime Landlord as Subtenant deems necessary or appropriate, in Subtenant’s reasonable judgment, in order to enforce the provisions of, or Prime Landlord’s obligations under, the Prime Lease, and (y) if required or necessary (in Subtenant’s reasonable judgment), join into any legal proceeding instituted by Subtenant in order for Subtenant to proceed with a claim against Prime Landlord to enforce the provisions of, or Prime Landlord’s obligations under, the Prime Lease.

Services and Utilities. 5.1 Con Edison shall16.1 Landlord will furnish the following services to Tenant: (i) cleaning services, normal and usual in a first class office building, on Monday through Friday, except that shampooing and replacement of carpet as required by Tenant shall be Tenant’s expense; (ii) automatically operating elevator service available in accordance with the Rules and Regulations, public stairs, electrical current for lighting, incidentals, and normal office use, and water at those points of supply provided for the general use of tenants at all times and on all days throughout the year; (iii) heat and air conditioning sufficient for an occupancy of 125 square feet per person on Monday through Friday from 9:00 A.M. to 8:00 P.M. and on Saturday from 10:00 A.M. to 2:00 P.M. (except, however, on legal holidays and any other generally recognized holidays which Landlord may designate); and (iv) an access control system. Landlord shall also furnish heat and air conditioning at such other times as are not provided for herein, provided Tenant gives written request to Landlord before 2:00 P.M. of the business day preceding the extra usage, and provided Tenant pays Landlord’s costs of furnishing such heat or air conditioning. 16.2 Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system. Wherever heat-generating machines, excess lighting 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. 16.3 No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Premises, except upon the written consent and approval of the Landlord. Tenant shall use only office machines and equipment that operate on the Building’s standard electric circuits, but which in no event shall overload fee Building’s standard electric circuits from which the Tenant obtains electric current. Any consumption of electric current in excess of usual, normal and customary business office use, with an acknowledgement of Tenant’s anticipated high density use of the Premises, or which require special circuits or equipment (the installation of which shall be at Tenant’s expense after approval in writing by the Landlord), shall be paid for by the Tenant as an Additional Charge payable to Landlord upon demand in an amount to be determined by Landlord, based upon Landlord’s estimated cost of such excess electric current consumption. If Tenant shall require water, electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed by Tenant. Tenant agrees to pay Landlord upon demand by Landlord for all such water, electric current or other resource consumed, as shown by any such meter, at the rates charged by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, electric current or other resource so consumed. The cost of any such meters and of installation, maintenance, and repair thereof shall also be paid for by Tenant. 16.4 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) 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 by construction, repairs or improvements to the Premises or to the Building, or (ii) 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. Landlord shall not be in default hereunder, and shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing utilities and services, subject to the terms Tenant’s ability to establish a right to ▇▇▇▇▇ rent for an interruption in use of such services and conditions of a separate License Agreement and/or amendment utilities under California law. Furthermore, Landlord shall be entitled to the Easement Grant, cooperate voluntarily in a form acceptable to Con Edison reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in its reducing energy or other resource consumption. 16.5 Without the prior written consent of Landlord, which Landlord may refuse in Landlord’s sole discretion, allow Tenant shall not place or install in the Power Authority to use and occupy certain land at Premises any machine or equipment the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, weight of which shall be owned by Power Authority from exceed the Y connection normal load bearing capacity of the Con Edison System floors of the Building; and if Landlord consents to the Astoria Annex Substationplacement or installation of any such machine or equipment in the Premises, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, Tenant at its sole cost and expense, (i) its own water meter at expense shall reinforce the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment floor of the Premises in the Astoria Annex Substationarea of such placement or installation, (iii) its own revenue/electric meter for the PURS pursuant to plans and Pressurization Plants at the Power Authority Property associated specifications approved by Landlord and otherwise in compliance with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement DateArticle 7, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider extent necessary to assure that no damage to the Premises or the Building or weakening of such servicesany structural supports will be occasioned thereby.

Services and Utilities. 5.1 Con Edison shall, subject A. Sublessee acknowledges that all services and utilities to the terms and conditions of a separate License Agreement and/or amendment be provided to the Easement Grant, in a form acceptable Sublessee hereunder are to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned provided by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison Landlord pursuant to the terms Master Lease, and conditions that Sublessor shall not be liable for any failure or delay on the part of Landlord in performing any or all of its obligations under the Master Lease, unless such failure or delay is caused by the gross negligence of Sublessor, and under no circumstances shall Sublessee have any right to require or obtain the performance by Sublessor of any obligations of Landlord under the Master Lease or otherwise. Sublessee's obligations under this Composite AgreementSublease shall not be impaired, nor shall the performance thereof be excused, nor shall Sublessee be entitled to claim an active or constructive eviction, because of any failure or delay on the part of Landlord in performing its obligations under the Master Lease, except that Sublessee's obligation to pay Fixed Rent and Additional Rent shall abate to the extent that and du▇▇▇▇ the time that Sublessor's rental obligations are abated pursuant to Article 28(B) of the Master Lease. 5.2 Prior B. In the event Sublessee requires heat, ventilation, air-conditioning, or building maintenance during hours beyond the Business Hours defined in Article 10 of the Master Lease, then Sublessee shall pay to Sublessor the O&M Commencement Datecost of such extra service charged by Landlord pursuant to such Article 10 of the Master Lease, the Power Authority within ten (10) days after billing. Sublessee shall installuse its own telephone system, which Sublessee shall install at its sole own cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly other utilities provided to the provider of such servicesSubleased Premises, whether billed to Sublessor as Tenant under the Master Lease, or billed directly by the applicable utility provider.

Services and Utilities. 5.1 Con Edison shall(a) The parties acknowledge and agree that the Premises are not separately metered as of the Commencement Date. Landlord, at its sole cost and expense but subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison partial reimbursement pursuant to the terms Tenant’s Share of Operating Expenses, shall pay all charges for all gas, electricity, water, sewer, trash disposal, janitorial, pest control, and conditions other utility services used, rendered or supplied upon or in connection with the Premises and consistent with first class, Class A office space in the City of this Composite Agreement. 5.2 Prior to the O&M Commencement DateRichmond (collectively, the Power Authority “Services”). Janitorial services shall installbe provided nightly Monday through Friday, and shall include, without limitation, emptying wastebaskets, weekly vacuuming, and cleaning bathrooms, with furniture and surfaces to be dusted weekly. Subject to Section 13(b) below, Tenant, at its sole cost and expense, assumes full responsibility for procuring all other services necessary for the operation of the Premises for Tenant to conduct its business from the Premises, such as, but not limited to, high speed internet, telephone and cable, and Landlord shall reasonably cooperate with Tenant as to Tenant’s procurement of such services. The costs of the Services shall be included as an Operating Expense in accordance with the terms and conditions of Section 4 above. (b) Tenant may request additional services of Landlord during any time period when Landlord is providing the Services, which additional services may include the costs and expenses incurred in connection with the maintenance, repair and replacement of all lighting fixtures, of whatever type and nature located within the Premises, water heaters, garbage disposals, generators and plumbing fixtures, and all pipes, conduits, wires, cables, vents, laterals, equipment or machinery ancillary or appurtenant thereto which are located within the Premises. Tenant shall be responsible for paying directly to Landlord, within ten (10) business days after request, the costs and expenses associated with such additional services. (c) At all times during the Term, Landlord shall furnish to Tenant, heating and air conditioning, as applicable, using commercially reasonable efforts to provide such temperatures as are in line with industry standards and Class A office buildings in the immediate Richmond, Virginia metropolitan area, during the hours of be 8:00 a.m. through 6:00 p.m. Mondays through Fridays (collectively, “Normal Business Hours”), exclusive of Normal Business Holidays. For the purposes of this Lease, “Normal Business Holidays” includes, without limitation, New Year’s Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and any other day on which the nationally recognized banks in the Commonwealth of Virginia are closed. If in the case of any holiday described in this Lease a different day is observed than the respective day described, then the day which constitutes the day observed by national banks in Richmond, Virginia, on account of such holiday will constitute the holiday under this Lease. Landlord agrees to use commercially reasonable efforts (i) its own water meter at to consistently set the Astoria Annex Substationtemperature for the Leased Premises to not less than 68℉ and not more than 74℉ (the “Preferred Temperature Settings”) during Normal Business Hours, excluding Normal Business Holidays, and (ii) to set the “set-back” for the Leased Premises outside of Normal Business Hours to no more than ten percent (10%) higher or lower, as applicable, than the foregoing Preferred Temperature Settings. In the event Tenant shall request in writing in advance that Landlord set the temperature for the Leased Premises to the Preferred Temperature Settings for an event or other purpose outside of Normal Business Hours, then Landlord shall use reasonable efforts to accommodate ▇▇▇▇▇▇’s request (and if Landlord is able to do so, Landlord shall estimate, in reasonable discretion, the additional amount expended by Landlord attributable to such period and shall invoice Tenant for such amount in writing accompanied by reasonable supporting documentation, which invoice ▇▇▇▇▇▇ agrees to pay within thirty (30) days of receipt thereof). (d) Notwithstanding the foregoing, if: (i) a failure or cessation of an essential utility (electric, power, gas, sewer or water) occurs due to the gross negligence or willful misconduct of Landlord (“Utility Interruption Event”), (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, remedy of such Utility Interruption Event is within the reasonable control of Landlord and (iii) its own revenue/electric meter for Landlord does not restore the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and essential utility loss within five (iv5) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Datebusiness days, ownership of all such revenue meters then Tenant shall be transferred entitled to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to receive an abatement of Rent payable hereunder during the provider period beginning on the sixth (6th) business days of such servicescessation and ending on the day when the essential utility service in question has been restored.

Services and Utilities. 5.1 Con Edison shall13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the common area; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service 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) Landlord shall make provisions to bring electricity to a bus duct on the floor of the Premises in an amount equal to 1,000 amps @ 480V on or before the Commencement Date. Landlord also agrees that if additional power is required by Tenant, Landlord shall reasonably assist Tenant in procuring additional power internally in the Building by finding additional unused sources on other floors and in making the back-up generator power available pursuant to Section 38.6(i) in accordance with the terms and conditions of a separate License Agreement and/or amendment set forth in that provision. If pursuant to the Easement Grantforegoing sentence, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, Landlord determines that power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded is internally available from time to timetime due to a vacancy on a floor or otherwise, Landlord has a right to terminate this additional capacity from time to time upon reasonable notice, in order to accommodate occupancy of vacancies or the needs of other tenant. If commercially available capacity is not available internally, then Landlord shall reasonably assist Tenant in procuring additional commercial power from ComEd, provided that Tenant advises Landlord of the need for the same and can reasonably show that it requires the additional power. Tenant shall procure electrical services directly from ComEd and shall arrange to be billed directly by said utility. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charges 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, 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, 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 avoid and 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, interrupt or cease service of the 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 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 Con Edison delivery purpose of conducting its business on a continuing basis. If the back-up capacity is not available to support Tenant’s requirements from ComEd or from the back-up generator on the Building through the Landlord, then Tenant shall have the right to install its own generator in the Designated Areas (as defined in Section 38.1 hereof), providing that Tenant pays Landlord for Landlord’s out of pocket expenses in using the risers, the fuel tanks, and any other fixtures, systems and equipment situated on the Building which would be necessary for Tenant to install and operate its own generator. Upon the installation of Tenant’s generator, Tenant shall have the right to move Tenant’s power requirements from the Building’s generator onto its own unit, provided that Tenant pays for the ancillary services referenced herein required to hook into the Building’s systems which are necessary to operate Tenant’s generator. 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 Wherever 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 and the cost of operations and maintenance, shall be based paid by Tenant. 13.4 A water and electric current meter have been installed on quantities the Premises. If Tenant shall require water or electric current in excess of electricity that are delivered required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current to the Facility and that are metered at Premises. The cost of any additional installations or expense required or incurred as a result of the revenue meters. All such utility/services facilities increased capacity shall be owned paid for by the Power Authority and shall be maintained by Con Edison pursuant Tenant. Tenant agrees to the terms and conditions of this Composite Agreement. 5.2 Prior pay as additional rent to the O&M Commencement DateLandlord promptly upon demand therefor, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to by the provider local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of such servicesthe water and electric current so consumed.

Services and Utilities. 5.1 Con Edison shallDuring the Sublease Term, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which Subtenant shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines responsible for the Q35L & Q35M Transmission Lines. In obtaining the light payment of any and power for the Facility, Power Authority shall obtain all utility and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The services charges for the Con Edison delivery services referenced herein Subleased Premises in accordance with Section 11 of the Prime Lease. In addition, Subtenant shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall installarrange, at its sole cost and expense, (i) for its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter janitorial service for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests Subleased Premises, telephone service for the FacilitySubleased Premises (including hardware, service and hook-up) and hazardous waste removal from the Subleased Premises. On or before Notwithstanding anything herein to the O&M Commencement Datecontrary, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for Subtenant acknowledges that any and all services and utilities with respect to the Subleased Premises and the Building to be provided by Prime Landlord under the Prime Lease are to be provided by Prime Landlord and not by Sublandlord. Sublandlord shall under no circumstances be responsible for providing any of such services directly or utilities, nor shall Sublandlord have any obligation to restore the provider Subleased Premises in the event of such servicesa casualty or condemnation as described in the Prime Lease. Notwithstanding the foregoing, at Subtenant’s request, (a) Sublandlord shall make immediate demand upon Prime Landlord for any services and utilities that are required to be provided by Prime Landlord under the Prime Lease and (b) Sublandlord shall, at Subtenant’s expense (x) reasonably cooperate in Subtenant’s filing and pursuit of any legal proceedings against Prime Landlord as Subtenant deems necessary or appropriate, in Subtenant’s reasonable judgment, in order to enforce the provisions of, or Prime Landlord’s obligations under, the Prime Lease, and (y) if required or necessary (in Subtenant’s reasonable judgment), join into any legal proceeding instituted by Subtenant in order for Subtenant to proceed with a claim against Prime Landlord to enforce the provisions of, or Prime Landlord’s obligations under, the Prime Lease.

Services and Utilities. 5.1 Con Edison shall, (a) Water and Utilities: Landlord agrees to provide water and other utility services for the Building subject to the terms provisions of paragraph 4(d) hereof. Tenant agrees to pay monthly payment addressed in Section 5 (e) as additional rent Tenant’s pro rata share of water rent and conditions of a separate License Agreement and/or amendment sewer service charges chargeable to the Easement GrantBuilding based upon the size of the premises in proportion to the total square footage of the Building, unless such utilities are separately metered in which event Tenant shall pay the metered charges. If, in Landlord’s sole judgment, the water and sewer charges for the premises are substantially higher than normal due to Tenant’s water usage, then Tenant agrees that it will, upon written notice from Landlord, install a form acceptable to Con Edison in its sole discretionwater meter, allow at Tenant’s expense, and thereafter pay all water charges for the Power Authority to use premises based on such meter readings. Tenant shall pay all costs of electricity, gas, telephone and occupy certain land at the Con Edison Lands, as preliminarily shown other utilities used or consumed on the Surveypremises, attached hereto as Exhibit Etogether with all taxes, as required levies or other charges on such utilities. If Tenant defaults in payment of any such utilities, charges or taxes, Landlord may, at its option, pay the same for and on Tenant’s account, in which Tenant shall promptly reimburse Landlord therefor. (b) HVAC Maintenance, Trash Removal, Common Area Lighting: Landlord agrees to permit subsurface and/or aerial rights for telecommunications facilitiesprovide the following services: (i) maintenance, repair and replacement of the HVAC system serving the premises; (ii) trash removal from the dumpster located on the exterior of the building, it being understood that Tenant shall have the obligation to remove all trash from the premises and place the same within the dumpster; and (iii) reasonable Building and exterior site maintenance and illumination of the parking and common areas within the property, including phone lines snow and communication lines, water lines, for potable water protection, two ice removal. Tenant agrees to pay its pro rata share of the cost of all of the foregoing services (2) 27 kV feeder(s) for light and power, excluding HVAC repair or replacement which shall be owned paid solely by Power Authority from the Y connection Landlord) as part of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, “Operating Costs” as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementset forth in Section 5 hereof. 5.2 Prior to the O&M Commencement Date, the Power Authority (c) Specialty HVAC Maintenance: Tenant shall install, at its sole cost maintain and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for repair Tenant’s separate HVAC equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts separate climate control equipment for any services/utilitiescomputer or similar equipment, including servicesif any, specified in Section 5.1 as applicabledesigned specifically for Tenant (e.g. for a computer or telephone room), in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to whether the provider of such servicessame was installed initially, or at a later date, by Landlord or by Tenant.

Services and Utilities. 5.1 Con Edison shallExcept as otherwise expressly set forth herein, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall Tenant will be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall installresponsible, at its Tenant’s sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership costs of all such revenue meters shall be transferred utilities provided to Con Edison. The Power Authority shall establish accounts for any services/utilitiesthe Premises, including without limitation electricity, water, telephone, janitorial and Tenant’s Premises security services, specified in Section 5.1 as applicable, in its own name. The Power Authority Tenant shall be solely responsible for performing all janitorial and trash services and other cleaning of the Premises, all in compliance with Laws. In the event such service is provided by a third party janitorial service, and not by employees of Tenant, such service shall be provided by a janitorial service approved in advance by Landlord and Tenant (Landlord and Tenant shall mutually agree upon a list of approved vendors). The janitorial and cleaning of the Premises shall be adequate to maintain the Premises in a manner consistent with comparable buildings. Tenant shall cooperate fully with Landlord at all times and abide by all written regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the HVAC, electrical, mechanical and plumbing systems. Tenant shall pay for all water, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon, whether part of Operating Costs or as provided under this Section. Landlord shall install direct meters for all utility services serving the Premises (except for water and sewer, which shall be or sub- or “check” metered based on water use, and Tenant’s cable, telephone, and internet service) for measuring Tenant’s consumption of such services utility services, other than the HVAC system of the Building, and the cost of such installation shall be included in and deducted from the Maximum Amount (as hereinafter defined). Tenant shall pay all costs and expenses for any separately metered utilities provided exclusively to the Premises directly to the provider applicable service provider. Utility charges for power, gas and water serving the HVAC system of the Building (which are measured by the control management system of the Building based on air volume provided to each tenant space) shall be check or sub-metered by Landlord and paid as part of Operating Costs (it being agreed that HVAC services shall be available 24 hours per day, 7 days per week). Landlord may install devices to separately, check or sub-meter any utility use within the Premises (or use other reasonable industry standard methods to reasonably estimate such use, where applicable) that is not metered in such a manner on the Commencement Date and in such event Tenant shall thereafter pay the cost directly to the applicable service provider, if separately metered, or to Landlord, if check or sub-metered. Additional Rent for any utilities that are not separately metered may be reasonably estimated monthly by Landlord, based on actual readings of sub- and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed, with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to this Section, Tenant shall pay to Landlord, within thirty (30) days after Tenant’s receipt of an invoice therefor, the actual cost of such servicesexcess consumption; and if Tenant does not cease such excessive usage promptly following written notice from Landlord, Landlord may install devices to separately meter any utility use (or use other reasonable industry standard methods to reasonably estimate such use) and in such event Tenant shall pay the cost directly to Landlord, within thirty (30) days after ▇▇▇▇▇▇’s receipt of an invoice therefor, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity and any other utility serving the Premises shall never exceed the capacity of the feeders to the Property or the risers or otherwise in accordance with Law, it being hereby acknowledged and agreed by and between Landlord and Tenant that Tenant shall have a 225 amp 480V/3Phase circuit breaker for Tenant’s use with respect to electrical services for the Premises. For avoidance of doubt, and subject to all terms and conditions contained herein, all services and utilities described in this Section 2.7 shall be provided by Landlord to the Premises at all times during the Term. It is understood and agreed that Landlord shall not be liable for any interruption or failure in the supply of electricity or other utilities to the Premises, except as expressly set forth in Section 4.2 of this Lease.

Services and Utilities. 5.1 Con Edison shallLandlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto): (A) Heat and air-conditioning from 7:00 a.m. until 6:00 p.m. Monday through Friday, except on Holidays (as defined in Article 25), and on Saturdays from 8:00 a.m. until 1:00 p.m. The Building standard heating, ventilating and air conditioning system is set forth in Exhibit C to the Work Agreement, and Landlord shall maintain the system in accordance therewith, subject to adjustments pursuant to mandatory and voluntary compliance by Landlord with Laws relating to energy use. Landlord shall not be responsible for inadequate air-conditioning or ventilation to the terms extent the same occurs because Tenant uses any item of equipment consuming more than 500 ▇▇▇▇▇ at rated capacity without providing adequate air-conditioning and conditions ventilation therefor. Whenever heat generating machines or equipment installed by Tenant affect the temperature otherwise maintained by Landlord in the Premises, or whenever the occupancy or electrical load exceeds the air conditioning standards set forth by Landlord, Landlord shall be relieved of responsibility for maintaining such standards and in such event Tenant shall, promptly, following delivery of written notice by Landlord to Tenant, either (i) discontinue use of such heat generating machines or equipment, or (ii) install supplementary air conditioning units in the Premises, the cost, installation, operation and maintenance of which shall be paid by Tenant to Landlord at such rates as Landlord generally charges tenants in the Building from time to time, which rates shall be available in the office of the Building. Tenant has requested, and Landlord has consented to, the installation of a separate License Agreement and/or amendment supplemental HVAC unit for the Sixteenth Floor Premises, the size of which shall be subject to Landlord's reasonable approval and the installation of which shall be performed in accordance with plans approved in advance by Landlord. The maximum available amount of supplemental air conditioning capacity that is connected to the Easement GrantBuilding's condenser water riser and available to Tenant for such supplemental HVAC unit is 15 tons per full floor of the Premises. Tenant may re-allocate a portion of the supplemental air conditioning capacity that is available to the Premises toward a particular floor of the Premises, provided that in no event may Tenant's allocation of supplemental air conditioning capacity to a single floor of the Premises exceed thirty (30) tons. Tenant will cooperate with Landlord and abide by all regulations and requirements which Landlord may prescribe for the proper functioning of the ventilating and air conditioning systems. (B) Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property. (C) Customary office cleaning and trash removal service, Monday through Friday evenings, in a form acceptable to Con Edison and about the Premises, in its sole discretion, allow accordance with the Power Authority to use Cleaning and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, Janitorial Specifications attached hereto as Exhibit D. (D) Operatorless passenger elevator service and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors. (E) Tenant shall have access to the Building twenty-four (24) hours per day, seven (7) days per week. After normal business hours, access to the Building will be provided using a key card or other similar access and monitoring system. A security representative of Landlord will be at the Property twenty-four (24) hours per day, seven (7) days per week. (F) Landlord shall seek to provide such extra utilities or services as required Tenant may from time to permit subsurface and/or aerial rights time request, if the same are reasonable and feasible for telecommunications facilitiesLandlord to provide and do not involve modifications or additions to the Property or existing Systems and Equipment (as defined in Article 25), including phone lines and communication linesif Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, water linesunless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for potable water protectionsuch extra utilities or services, two (2) 27 kV feeder(s) pay the rates that Landlord generally charges tenants in the Building for light and powersuch utilities or services, which rates shall be owned by Power Authority from available in the Y connection office of the Con Edison System Building and are subject to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded adjustment from time to time. The All charges for the Con Edison delivery such extra utilities or services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered due at the revenue meters. All such utility/services facilities same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be owned by due within thirty (30) days after such billing. In the Power Authority event Tenant shall fail to make payment for such additional services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of Rent and without notice to Tenant, discontinue any or all such additional services, and such discontinuance shall not be maintained by Con Edison pursuant to held or pleaded as an eviction or as a disturbance in any manner whatsoever of Tenant's possession, or relieve Tenant from the terms and conditions payment of Rent when due, or vary or change any other provision of this Composite Agreement. 5.2 Prior to the O&M Commencement DateLease, the Power Authority shall install, at its or render Landlord liable for damages of any kind whatsoever. At Tenant's sole cost and expense, the Premises shall be separately metered and Tenant shall pay directly to the utility company all electricity charges with respect to Tenant's electrical consumption within the Premises. Tenant's use of electrical service shall not exceed the safe and lawful capacity of the Building's existing electrical circuits, which are designed to and shall provide a total of 7.5 ▇▇▇▇▇ per rentable square foot for all Tenant requirements, including lighting, outlets and supplemental air conditioning. In the event that Tenant requires HVAC service outside of the normal Building hours set forth in Article 7(A) above, Landlord shall seek to provide same, provided that Landlord shall receive Tenant's request within a reasonable period prior to the time such extra HVAC service is needed. Landlord may comply with written or oral requests by any officer or employee of Tenant. Tenant shall pay the rates that Landlord generally charges tenants in the Building for such extra HVAC service, which rates shall be available in the office of the Building and are subject to adjustment from time to time. All charges for extra HVAC service shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. Landlord's current charges for extra HVAC service are $50 to $60 per hour. Tenant shall pay for the cost of all supplemental air conditioning capacity used by Tenant based on the rates that Landlord generally charges tenants in the Building for such usage, which rates shall be available in the office of the Building and are subject to adjustment from time to time. Landlord's current charges for supplemental air conditioning capacity is $30 per ton per month. Alternatively, Tenant may pay for supplemental air conditioning capacity based upon Tenant's actual usage thereof as determined through Tenant's installation of a meter off the riser that measures Tenant's use thereof. Landlord agrees to operate and maintain the Building in accordance with the standard of other comparable first-class office buildings in the Chicago loop area. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, stream, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. Notwithstanding anything to the contrary in the Lease, in the event that there shall be an interruption, curtailment or suspension of the Building's elevator, electricity or HVAC service or water supply in the manner required to be provided in this Article 7 (and no reasonably equivalent alternative service or supply is provided by Landlord and Tenant is unable to and does not use the Premises or more than 20,000 rentable square feet of the Premises as a result of such interruption, curtailment or suspension (a "SERVICE INTERRUPTION"), and if (i) its own water meter at the Astoria Annex Substationsuch Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, (ii) its own revenue/electric meters for equipment such Service Interruption does not arise as a result of a matter, event or condition affecting the general area in which the Astoria Annex SubstationProperty is located, such as a city-wide power outage, and (iii) its own revenue/electric meter Tenant shall have given written notice respecting such Service Interruption to Landlord, such Service Interruption continues for more than five (5) consecutive business days after Landlord receives such notice, Rent hereunder shall thereafter be abated in the same proportion as the portion of the Premises affected by the Service Interruption bears to the entire Premises from the end of such five (5) consecutive business day period until such time as such services or utilities are restored or Tenant begins using the Premises (or affected portion thereof) again for the PURS conduct of Tenant's business, whichever shall first occur. If a Service Interruption occurs and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines if (i) such Service Interruption shall not have been caused, in whole or in part, by an act or omission or negligence of Tenant, or of Tenant's agents, employees, contractors or visitors, and (ivii) such Service Interruption does not arise as a result of a matter, event or condition affecting the general area in which the Property is located, such as a city-wide power outage, Tenant may terminate this Lease if Landlord fails to substantially complete the cure of such Service Interruption within one hundred twenty (120) days after commencing the same, subject to extension due to force majeure (as defined in Article 10), provided that such extension for force majeure shall not exceed thirty (30) days. In order to exercise the foregoing termination right, Tenant must send Landlord written notice of termination specifying the basis for termination at other locations any time after the expiration of the 120 day period (as Con Edison reasonably requests for the Facilitysame may be extended by reason of force majeure) described in the preceding sentence. On or before Such termination right shall not be available to Tenant if Landlord substantially completes the O&M Commencement Date, ownership cure of all such revenue meters Service Interruption prior to receiving Tenant's termination notice. Such abatement of Rent and termination right shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified Tenant's sole recourse in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider event of such servicesa Service Interruption.

Services and Utilities. 5.1 Con Edison shall, subject 7.1. The Tenant shall pay or cause to be paid all charges for (i) utilities for the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesDemised Premises, including phone lines but not limited to electricity, steam, water, gas, sewer, telephone and other communication linesservice, water lines, for potable water protection, two and (2ii) 27 kV feeder(s) for light new and power, which shall be owned by Power Authority from further installations and equipment to supply the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURSsame, and the extension Tenant shall indemnify and hold the Landlord harmless against any liability, loss, expense or damage incurred in connection therewith arising or accruing after the date hereof. In furtherance of dielectric oil cooling lines the foregoing, the Tenant shall procure any and all necessary permits, licenses or other authorizations required for the Q35L & Q35M Transmission Lineslawful and proper installation and maintenance upon the Demised Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying any such service to and upon the Demised Premises. In obtaining Except as expressly provided in this Lease, the light and power Landlord shall not be required to furnish to the Tenant or provide any facilities or services of any kind, nor shall the Landlord be liable for any failure of water supply, electric current or other utilities. Nothing contained in this Section 7.1 shall be deemed to modify the Facilityobligations of Landlord as described in Articles 42 through 45, Power Authority inclusive. 7.2. Landlord shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall not unreasonably withhold or delay its consent to a request by Tenant to enter into agreements with utility companies which may create easements on the Demised Premises which are required by the utility companies in order to provide the unbundled delivery utility service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY NoDemised Premises for the Business. 4, Landlord shall execute and deliver such documents and take such actions as it may be revised reasonably required in connection therewith. Tenant shall pay (or superseded from time reimburse) Landlord for Landlord's reasonable attorney's fees and other reasonable out-of-pocket expenses incurred in connection with the foregoing promptly upon Landlord's request to time. The charges Tenant for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementreimbursement. 5.2 Prior 7.3. Landlord hereby reserves the right at any time during the Term to encumber the O&M Commencement DateDemised Premises with easements for utility facilities, if and when such easements are necessary in Landlord's reasonable judgment to provide utility service to Tredegar Complex, or any portion thereof; provided, however, that the Power Authority installation and operation of utility facilities within the areas encumbered by such easements will not materially interfere with Tenant's operation of the Business. Before granting any such easement, Landlord shall installserve notice upon Tenant of Landlord's intention to grant such easement, at its sole cost which notice shall set forth reasonable details of the location, nature and expensepurpose of such proposed easement as well as a description of the utility facilities to be located therein. If within 20 days of Landlord's service of such notice, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicableTenant, in its own name. The Power Authority reasonable judgment determines that either (a) the granting of such easement is not necessary to serve the Tredegar Complex with any utility, or (b) that the existence of such easement will materially interfere with Tenant's operation of the Business, and within such 20-day period serves notice of its determination upon Landlord, the matter shall be solely responsible submitted to pay for arbitration in accordance with Article 41, and the easement shall be granted or not granted in accordance with the decision rendered in such arbitration. Upon Landlord's granting of any easement in accordance with this Section 7.3, Tenant's leasehold interest in the Demised Premises shall, without any further act on the part of any party, become subject and all subordinate to such services directly easement and the beneficiaries thereof in accordance with the terms thereof, and, upon the request of either party, the other party shall promptly execute an agreement modifying this Lease to the provider of reflect such servicessubjugation and subordination.

Services and Utilities. 5.1 Con Edison shallLandlord shall furnish to the Premises, subject to the terms provisions of paragraph 5.3 of the Lease, utilities as specified in Article 9. All utilities, including, without limitation, water, electricity, gas and conditions of a separate License Agreement and/or amendment sewer, shall be available to the Easement GrantPremises 24 hours per day, every day throughout the term, in a form acceptable quantities sufficient for Tenant's normal business operations. Landlord shall also provide to Con Edison Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in its sole discretion, allow excess of that usually supplied to the Power Authority to Premises for use and occupy certain land at of the Con Edison LandsPremises as general office space, as preliminarily shown on reasonably determined by Landlord, and such services or utilities are not separately metered or otherwise directly paid for by Tenant, then Landlord may under such circumstances establish a monthly pro rata charge for Tenant's excess use or consumption of such services and utilities. Notwithstanding any provisions of Article 9 of the SurveyLease to the contrary, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesLandlord shall provide natural gas and electricity, including phone lines steam generator, vacuum, reverse osmosis/deionized water treatment system, uninterrupted power supply, and communication linesemergency generator to the Premises. Landlord, water linesTenant and Tenant's second floor co-tenant, shall cooperate to establish fair and equitable methods for potable water protection, two (2) 27 kV feeder(s) for light the proration of second floor costs of the natural gas and power, which electricity supplied by Landlord. Such agreed upon methods shall be owned in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of such utilities shall be prorated by Power Authority from Landlord on a straight square-footage basis; provided, however, in the Y connection of event that said formula does not lead to a fair and equitable proration because the Con Edison System second floor tenants do not use electricity or other utilities in proportionally equal amounts, Landlord shall adjust said formula as necessary to the Astoria Annex Substation, power supply from the Power Authority’s transformers lead to the PURS, such fair and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesequitable proration. In obtaining the light and power for the Facility, Power Authority Any such proration shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded reviewed from time to timetime so that it accomplishes the purposes intended hereby. The charges for In either case, the Con Edison delivery services referenced herein prorated costs of such utilities shall be based on quantities of electricity that are delivered to additional rent due under the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLease. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.

Services and Utilities. 5.1 Con Edison shallThe Lessor agrees to provide and maintain (a) heat and air conditioning in the common core area only, subject Monday through Friday, during normal business hours (7:00 A.M. to 6:00 P.M.) and Saturday from 8:00 A.M. to 12:00 P.M., and at such other times as Lessor in its reasonable discretion deems necessary for normal office occupancy and for the comfort of Lessees and occupants of the Project; (b) cold water for toilet and lavatory purposes only within the common core areas only; (c) custodial services in the common core area only at a level determined by the Lessor; and (d) trash removal services at the Project on a regularly scheduled basis; Lessee must remove all trash to the terms dumpster - such trash to be limited to normal office trash and conditions items like large empty boxes (which must be broken down). Note: Trash generated from the initial move in to the facility shall not be placed in the dumpster. Lessee must make arrangements to have this trash otherwise removed. Lessee agrees to exercise due care and prudence in the use of utilities at all times, and to comply with all Federal, State and Local guidelines concerning same. In the event Lessor incurs electrical costs resulting from Lessee’s use of the Leased Premises during periods other than normal business hours, Lessee agrees to reimburse Lessor for that portion of the costs which are attributable to the additional use. Lessor shall submit to Lessee a statement itemizing the additional use and cost thereof, and Lessee shall pay such sums to Lessor with the next due rental payment. Lessor in furnishing the foregoing services does not contemplate occupancy involving extraordinary consumption or generation of heat affecting temperatures otherwise normally maintained by the air conditioning system. The “Property” where the Leased Premises are located has one (1) master electric meter. The Leased Premises shall have a sub-meter to measure the electric consumption of the Lessee for the purpose of allocating costs billed to the master meter by JEA and the Lessee shall be billed for its own electrical consumption. If Lessee shall require water in the Leased Premises, Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the direct expense of utilities including electric, water and sewer, and HVAC. Lessee agrees to reimburse Lessor promptly following the rendering of a separate License Agreement and/or amendment ▇▇▇▇ to the Easement Grant, Lessee for any such charges incurred. The Lessor will keep in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use good condition and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection reasonable state of repair those portions of the Con Edison System to Project consisting of the Astoria Annex Substationentrance, power supply from the Power Authority’s transformers to the PURSlobby, stairways, corridors, elevators, landscaped areas, parking areas, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded other facilities from time to timetime provided for use in common by the Lessees of the building. The charges Lessor agrees to repair, so far as reasonably feasible, any defects in the standard walls, structural elements, the roof, exterior walls, common core area ceilings, electrical and mechanical installations, plumbing and the like. The Lessor shall in no event be required to make repairs to the leasehold improvements made by the Lessee or made by the Lessor on behalf of the Lessee or to make repairs on the reasonable wear and tear within the Leased Premises. The Lessee covenants with the Lessor to repair, maintain and keep at the Lessee’s own cost the improvements made by the Lessee or other property not covered by the Lessor’s obligation to repair including electric, lighting, plumbing, and mechanical (HVAC) systems serving the Leased Premises. The Lessee agrees that the Lessor shall have the right to enter the Leased Premises of the Lessee at all reasonable times and place to make repairs and/or adjustments to the Leased Premises, but not to impose any obligations beyond those specifically set forth herein. Lessee will be responsible for the Con Edison delivery services referenced herein cost of replacement of Lessee’s light bulbs in overhead fixtures. The Lessee shall be based on quantities of electricity that are delivered entitled to the Facility use of the passenger elevators for the carrying of passengers to the various floors. Any uses of the elevators that require the carrying of equipment, furniture, supplies and that are metered the like shall be coordinated through the Lessor. Any damage done to the elevators, doorways, building, etc. as a result of these uses shall be repaired at the revenue meters. All such utility/services facilities shall be owned by expense of the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLessee. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.

Services and Utilities. 5.1 Con Edison shall8.1 Landlord shall provide the following services and utilities during normal business hours(as defined below) except Sundays and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost or paid by Tenant in accordance with Section 8.2 below. (i) when necessary during normal business hours, central heating and air conditioning in the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity ; (ii) water and sanitary sewer services; (iii) electric service, subject to Tenant’s obligation to pay the terms costs of such service in accordance with Section 8.2; (iv) janitorial services five business days per week; and (v) one passenger elevator and conditions one freight elevator in the Building, to be used by Tenant, except for the occasion of a separate License Agreement and/or amendment temporary repair or replacement of the elevators. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:00 a.m. until 6:00 p.m. on business days (Monday through Friday) and from 8:00 a.m. until 1:00 p.m. on Saturdays and for such additional periods as Tenant may operate a retail store on the Premises. Tenant shall nonetheless have access to the Easement GrantPremises and elevators seven (7) days a week, twenty-four (24) hours a day, subject to and in accordance with any security procedures that Landlord may have in place under the Rules and Regulations. Landlord and Tenant agree that if Tenant requires janitorial services in the Bridge, Landlord, upon written notification by Tenant requesting same, shall provide such services and Tenant shall pay the costs associated therewith as Additional Rent. 8.2 Tenant shall pay all costs of Tenant Electric, including all actual costs of after-hours HVAC service used by Tenant. Electric current supplied to or used in the Premises shall be directly measured by a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use separate meter and occupy certain land shall be set at the Con Edison Landsrate prevailing for Tenant’s class of use as established by the company or companies chosen by Landlord or its designee to provide electricity to the Premises. Upon reasonable prior notice, Landlord or its designated electric service provider may have access to the Premises to install equipment necessary to deliver electric service to the Premises or the Building provided that Landlord or the utility company shall restore the Premises to its condition prior to the commencement of such work. Landlord reserves the right to switch electricity providers, if legally permissible, at any time. Landlord shall not be liable to Tenant for damages arising as preliminarily shown a result of service interruptions caused by any electric service provider. 8.3 Any failure by the Landlord to furnish any of the foregoing services or utilities, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance, shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder, unless caused by Landlord or its affiliates, agents, employees and/or contractors. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, the Landlord and the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the Surveypart of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder. The Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed necessary by the Landlord to provide the services and utilities referred to in this Section 8 to the Tenant and other tenants in the Building. 8.4 Tenant shall not at any time overburden or exceed the capacity of the mains, attached hereto as Exhibit Efeeders, as ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises beyond normal office uses. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Premises. In addition, if Tenant requires lighting other than the standard lighting provided by Landlord for the Building, Tenant shall be required to permit subsurface and/or aerial rights pay Landlord on demand for telecommunications facilitiesthe additional costs of such lighting, including phone lines light bulb replacement. 8.5 Landlord shall cause to be operated a trash removal service for the Project, the costs and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, expenses of which shall be owned by Power Authority from a part of Operating Costs. In the Y connection event that Tenant’s use of the Con Edison System Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4Landlord, as it may be revised or superseded from time additional rent all costs and expenses in excess of the trash removal costs which are attributable to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreementexcess usage. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.

Services and Utilities. 5.1 Con Edison shallTenant shall pay for all water, subject gas, heat, air conditioning or other ventilation, light, power, sewer charges, telephone installation and service charges, garbage and trash collection, and for all other services and utilities supplied to the terms Premises, together with any tax, excise or surcharge thereon. If any such services are not separately metered to and conditions paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay a reasonable proportion to be determined by Landlord of a separate License Agreement and/or amendment all charges jointly metered with other tenants or which are furnished and paid for by Landlord. If Tenant’s utility or service requirements increase over its requirements as of the Commencement Date, Tenant shall be required to pay the increased cost of such utilities or services. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits and mains, resulting from Tenant’s changed or increased requirements. Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installation. If applicable, Landlord shall also provide tenant interface with the telephone network at the demarcation point supplied by the regulated public utility and supply cable pairs in an amount consistent with the engineering standards to which the Building was designed, all in accordance with Section 38. hereof. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Easement GrantShopping Center, and, in such event, Tenant shall pay for electric current (or such other utility) supplied to, or used, in the Premises at the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a form acceptable to Con Edison monthly basis. If permitted by law, Landlord shall have the right, in its sole Landlord’s reasonable discretion, allow the Power Authority to use at any time and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to timetime during the Term, to switch providers of any such utility. The charges for the Con Edison delivery services referenced herein Tenant shall be based on quantities of electricity that are delivered cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the Facility electric (or other utility) lines, feeders, risers, wiring and that are metered at other machinery located within the revenue metersPremises. All Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent ▇▇▇▇▇ by reason of, (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (b) failure to furnish or delay in furnishing any such utility/services facilities shall be owned where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the Power Authority and shall be maintained by Con Edison pursuant making of necessary repairs or improvements to the terms and conditions Premises, Shopping Center or Complex, or (c) any change, failure, interruption, disruption or defect in the quantity or character of this Composite Agreement. 5.2 Prior the electricity (or other utility) supplied to the O&M Commencement DatePremises, Shopping Center or Complex, or (d) the Power Authority limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Shopping Center or Complex. Landlord shall installnot be liable under any circumstances for a loss of or injury to property or business, at its sole cost and expensehowever occurring, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicablethrough, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly connection with or incidental to the provider of failure to furnish any such services.

Services and Utilities. 5.1 Con Edison shallLandlord shall furnish to the Premises, ---------------------- subject to the terms provisions of paragraph 5.3 of the Lease, lighting, water, electricity, gas, sewer and conditions of a separate License Agreement and/or amendment other utilities, elevator service, janitorial service, exterior window-washing, HVAC equipment and filter maintenance services pursuant to the Easement Grantstandard set forth in Section 1, above. All utilities, including, without limitation, water, electricity, gas and sewer, shall be available to the Premises 24 hours per day, every day throughout the term, in a form acceptable quantities sufficient for Tenant's normal business operations. Landlord shall also provide to Con Edison Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in its sole discretion, allow excess of that usually supplied to the Power Authority to Premises for use and occupy certain land at of the Con Edison LandsPremises as general office space, as preliminarily shown on reasonably determined by Landlord, and such services of utilities are not separately metered or otherwise directly paid for by ▇▇▇▇▇▇, then Landlord may under such circumstances establish a monthly prorata charge for Tenant's excess use or consumption of such services and utilities. notwithstanding any provisions of Article 9 of the SurveyLease to the contrary, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilitiesLandlord shall provide natural gas and electricity, including phone lines UPS and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and emergency power, which to the second floor of Building 1 and to the Premises through the Building's second floor house meters. Landlord, Tenant and ▇▇▇▇▇▇'s second floor co-tenant, shall cooperate to establish fair and equitable methods for the proration of second floor costs of the natural gas and electricity supplied by Landlord. Such agreed upon methods shall be owned in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of such utilities shall be prorated by Power Authority from Landlord on a straight square-footage basis; provided, however, in the Y connection of event that said formula does not lead to a fair and equitable proration because the Con Edison System second floor tenants do not use electricity or other utilities in proportionally equal amounts, Landlord shall adjust said formula as necessary to the Astoria Annex Substation, power supply from the Power Authority’s transformers lead to the PURS, such fair and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Linesequitable proration. In obtaining the light and power for the Facility, Power Authority Any such proration shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded reviewed from time to timetime so that it accomplishes the purposes intended hereby. The charges for In either case, the Con Edison delivery services referenced herein prorated costs of such utilities shall be based on quantities of electricity that are delivered to additional rent due under the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite AgreementLease. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.

Services and Utilities. 5.1 Con Edison shall(a) Landlord agrees, subject without charge except as provided herein, to furnish; (i) Hot and cold tap water for drinking and toilet purposes. Tenant shall pay Landlord for water furnished for any other purpose as Additional Rent at rates reasonably fixed by Landlord. Tenant shall not permit water to be wasted; (ii) During Ordinary Business Hours (hereinafter defined) to furnish such heated or cooled air to the terms Premises as may, in the reasonable judgment of Landlord, be required for the comfortable use and conditions occupancy of a separate License Agreement and/or amendment the Premises provided that Tenant complies with the recommendations of Landlord’s engineer or other duly authorized representative, regarding occupancy and use of the Premises; (iii) During Ordinary Business Hours to cause electric current to be supplied for lighting the Premises and public halls; and, (iv) To furnish such snow removal services to the Easement GrantBuilding Complex as may, in the judgment of Landlord, be reasonably required for safe access to the Building Complex. (b) Landlord shall have no obligation to provide janitorial services for the Premises. Tenant shall provide its own janitorial services for the Premises and shall keep the Premises in a form acceptable clean and neat condition and, at a minimum, follow the cleaning specifications adopted by the Landlord for the Building Complex. (c) Landlord shall provide sufficient electricity to Con Edison operate normal office lighting and equipment. This does not include special lighting in excess of building standard, or any other item of electrical equipment that singularly requires a voltage that exceeds other than one hundred twenty (120) volts (plus/minus ten percent) single phase. Tenant shall not install or operate in the Premises any electrically operated equipment or other machinery, other than business machines and equipment normally employed for general office use which do not require high electricity consumption for operation, without obtaining the prior written consent of Landlord. If any or all of Tenant’s equipment requires electricity consumption in excess of that which is necessary to operate normal office equipment, such consumption shall be submetered by Landlord or otherwise reasonably estimated, at Tenant’s expense, and Tenant shall reimburse Landlord as Additional Rent for the cost of its sole discretionsubmetered or estimated consumption based upon Landlord’s average cost of electricity. Tenant shall not, allow without the Power Authority prior written consent of Landlord, use any apparatus or device in or about the Premises which shall cause any substantial noise or vibration or which will increase the amount of electricity or water, if any, usually furnished or supplied for use of the Premises as general office space. Tenant shall not connect with electric current or water pipes, except through existing electrical or water outlets already in the Premises, any apparatus or device for the purposes of using electric current or water, except Tenant is permitted to use and occupy certain land arrange for a licensed electrician to install, at the Con Edison LandsTenant’s expense, as preliminarily shown on the Survey220-volt service for Tenant’s Xerox machine. (d) Tenant agrees that Landlord shall not be liable for failure to supply any heating, attached hereto as Exhibit Eair conditioning, as elevator, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, or during any period Landlord is required to permit subsurface and/or aerial rights for telecommunications facilitiesreduce or curtail such services pursuant to any applicable laws, including phone lines rules or regulations, now or hereafter in force or effect, it being understood and communication linesagreed to by Tenant that Landlord may discontinue, water linesreduce or curtail such services, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection or any of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, them at such times as it may be revised necessary by reason of accident, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or superseded due to any other happening beyond the reasonable control of Landlord and not due to an act or omission of Landlord or its agents or employees. In the event of any such interruption, reduction or discontinuance of Landlord’s services. Landlord shall not be liable for damages to persons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Tenant or cause or permit an abatement, reduction or setoff of rent, or operate to release Tenant from time to timeany of Tenant’s obligations hereunder. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered Notwithstanding anything to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of contrary contained in this Composite Agreement. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, Section 5(d) if: (i) its own water meter at Landlord ceases to furnish any service in the Astoria Annex Substation, Building for a period in excess of ten (10) consecutive business days after Tenant notifies Landlord of such cessation; (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, such cessation does not arise as a result of act or omission of Tenant; (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and such cessation is not caused by a fire or other casualty (in which case Section 13 shall control); (iv) at other locations the restoration of such service is reasonably within the control of Landlord; and (v) as Con Edison reasonably requests a result of such cessation, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises or such portion in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the eleventh (11th) consecutive business day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant. (e) Whenever 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 the Premises in the event Landlord’s independent consulting engineer determines same are necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost therefor, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. (f) In the event that Tenant has any special or additional electrical or mechanical requirements related to its use of the Premises, any such electrical or mechanical equipment must be located within the Premises. Such electrical or mechanical requirements, for the Facilitypurposes hereof, shall include by way of example, but not limitation, any internal telephone system. On The foregoing shall in no way be construed as granting to Tenant additional rights to use any such special or before additional electrical or mechanical equipment in its Premises without the O&M Commencement Date, ownership prior written consent of all Landlord. Any additional cost or expense related to or resulting from such revenue meters electrical or mechanical requirements shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilitiesthe sole obligation of Tenant. (g) If Tenant requires HVAC service beyond Ordinary Business Hours (hereafter “After Hours Usage”), including services, specified in Section 5.1 as applicable, in its own name. The Power Authority such service shall be solely responsible metered and Tenant shall reimburse Landlord on a monthly basis, as Additional Rent, for all costs and expenses for Tenant’s After Hours Usage including Landlord’s actual cost for electric service without markup. Ordinary Business Hours shall mean 6:00 A.M. to pay for any 6:00 P.M., Monday through Friday and all such services directly 8:00 A.M. to the provider of such services1:00 P.M. on Saturday, except Holidays.

Services and Utilities. 5.1 Con Edison shall(a) Tenant shall maintain, subject to repair, replace and otherwise keep the terms mains and conditions of a separate License Agreement and/or amendment to conduits located within the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection boundaries of the Con Edison System to the Astoria Annex SubstationPremises that bring water, power supply from the Power Authority’s transformers to the PURSgas, sewerage disposal, electricity and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery telephone service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4Premises and to any Building, as well as all meters and submeters for such utilities, in the same condition as existing on the commencement of the Term, subject only to alterations, additions and improvements approved in writing by Landlord as provided in this Lease. Tenant shall bear all of the costs of water, gas, electricity, sewage and any other utility services to the Premises, as well as the required meters for such services. Tenant agrees that it may shall, on the Lease Commencement Date and throughout the Term, open an account in its name with the utility providers for all utilities to be revised used by it on the Premises and pay all connection fees, deposits and other fees and charges required by the applicable utility providers as a condition to opening Tenant's accounts. Landlord does not have to allow Tenant access to the Premises until all such utility accounts have been opened and all such connection fees, deposits and other fees and charges have been paid by Tenant. (b) Landlord shall not be obligated to furnish any utilities or superseded from time services to timethe Premises, and Landlord does not make any warranty or representation as to the quantity, quality, availability, amount of duration of any such utilities or services. The Tenant acknowledges that it has inspected the Premises and the capacity, condition and locations of all utilities, utility conduits and utility stubs, and agrees that they are adequate for Tenant's use. Tenant agrees that it shall pay when due all charges for utilities used by it on and after the Con Edison delivery services referenced herein Lease Commencement Date. Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the utilities systems. (c) Landlord shall not be liable to Tenant in damages or otherwise if: (i) any utility shall be or become unavailable from any public utility company, public authority or any other person or entity (including Landlord) supplying or distributing such utility, or (ii) any interruption in any utility service caused by the making of any repairs or improvements or by any cause beyond Landlord's reasonable control. Notwithstanding the foregoing, if any utility shall be or becomes unavailable as described in the preceding clauses (i) and (ii) and the absence of such utility materially impairs Tenant's ability to conduct the Renaissance Faire in substantially the same manner as past Renaissance ▇▇▇▇▇▇, then Tenant shall be entitled to terminate this Lease by providing written notice thereof to Landlord. Upon any such termination by Tenant, Tenant shall only be obligated to pay Minimum Rent through the termination date, prorated based on quantities the number of electricity scheduled event days for the Renaissance Faire and the number of actual event days that are delivered to have occurred up through the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions date of this Composite Agreementtermination. 5.2 Prior to the O&M Commencement Date, the Power Authority shall install(d) Tenant shall, at its sole cost and expense, (i) contract with the local sanitation company to provide Tenant with trash removal service for trash generated by Tenant. Tenant shall either rent from the local sanitation company or purchase a trash dumpster, to be placed in a location designated by Landlord. Tenant shall place all trash generated by Tenant's use of the Premises in this trash dumpster and shall have such trash emptied from the Premises as often as reasonably necessary to keep the area surrounding its own water meter trash dumpster in a neat and sanitary condition. Tenant shall, at its sole cost and expense, regularly clean the Astoria Annex Substation, (ii) area surrounding its own revenue/electric meters for equipment trash dumpster and shall otherwise keep this area in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS a neat and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such servicessanitary condition.